The energy certificate for buildings is a document prepared in the form and scope specified by law, containing information about energy demand of the building – house, apartment or other type of building. Its basis is the energy assessment of the building, made on the basis of several indicators. Its preparation is the responsibility of authorized persons. What exactly is included in the document and in what situations is it necessary to have it?

What is an energy certificate?

Energy performance of buildings is an official document that determines their energy requirements. It allows a fairly precise estimate of the cost of operating the premises by determining the level of energy consumption, necessary for the daily functioning of people using the premises. Thus, for its preparation, indicators are needed for heating, lighting, hot water consumption or operation of air conditioning and ventilation systems.

It is worth remembering that the validity of the energy certificate is 10 years from the date of its preparation, with some exceptions: if there are modernization works, especially thermal modernization, the energy certificate of the dwelling automatically ceases to be valid.

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When is an energy performance certificate needed?

The obligation to have an energy performance certificate for buildings was introduced by the Act of August 29, 2014 on the energy performance of buildings (Journal of Laws 2014, item 1200). The legal provision describing the energy performance certificate in detail – the Ordinance of the Minister of Infrastructure and Development of February 27, 2015 on the methodology for determining the energy performance of a building or part of a building and energy performance certificates (Journal of Laws 2015, item 376), specifies the methodology for drawing up the energy performance certificate document (the model is annexed to the Ordinance). On the other hand, the Law of October 7, 2022 on amending the Law on Energy Performance of Buildings and the Law – Construction Law (Journal of Laws 2022, item 2206) introduces significant changes for owners of buildings and premises.

Prior to the amendment, most owners of buildings or premises constructed after 2009 and intended for sale were required to have an energy performance certificate. After the changes, older properties will also be subject to the obligation. In addition, the need to show the document will also begin to apply to properties intended for rent.

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Therefore, having the document is not necessary in every situation – the energy certificate of an apartment in a block of apartments or a single-family house is prepared only when we want to sell or rent the property. Also, buyers should pay attention to the seller’s fulfillment of the obligation to provide the document – its absence may be the basis for additional claims, especially if in the course of use defects come to light that cause higher than standard energy consumption.

Energy performance certificate – from when the obligation?

An amendment to the law introducing modifications to the obligation to attach an energy certificate to a contract for the sale or lease of real estate will take effect on April 28, 2023. The date is due to the law’s provisions stating that the law will come into effect 6 months after the date of its promulgation, which was October 27, 2022. All those who want to sell a property built before 2009 or rent a building or premises without incurring the cost of an energy performance certificate therefore have little time to finalize the transaction.

Who can prepare an energy performance certificate for a building?

So we know from when the energy certificate applies, for which buildings it should be drawn up and what it contains. And who to go to in order to obtain the document?

Those who are authorized to do so are those who are listed in the Ministry’s list and are in the business of performing energy certificates for buildings. So, if you need an energy performance certificate for the premises or building you want to sell or rent, use the offer of professional companies whose offer includes the study of energy efficiency of buildings and energy audits.

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If, on the other hand, you are the one buying the property or will be the tenant, make sure that the seller or owner has provided you with the required document. In the case of new premises, this obligation falls on the developer.

What does a building’s energy performance certificate contain?

Each energy certificate for a building must contain a range of data specified by law – from basic information such as address, year of construction, floor space or cubic capacity, to specialized indicators that form the basis of calculations: EP, EK and EU.

  • EP (primary energy ratio) determines the property’s annual demand for energy from non-renewable sources. It is important especially for homes heated with coal or gas stoves.
  • EK (final energy indicator) is the building’s demand for delivered energy. It provides a fairly accurate estimate of the cost of operating a property in terms of its energy requirements.
  • EU (utility energy index) determines the actual energy consumption during the year, taking into account energy losses (resulting, for example, from thermal bridges).

In addition, the energy certificate includes a photo of the property.

The need for an energy certificate stems from EU regulations. For the seller it means an expense, but for the buyer it provides valuable information – how much energy the property consumes, and therefore what the costs of using it will be.

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