Documents for a house sale: obligation, costs, validity

Energy performance certificate vs. consumption certificate – what is it?

The name already reveals it: an energy performance certificate is a document that provides information on the energy efficiency of a property. It enables potential tenants or buyers to gain an impression of the expected energy costs of a property. A distinction is made in the energy performance certificate between the so‑called requirement certificate and the consumption certificate. These differ mainly in terms of how the data on the energy efficiency of the building is recorded. For this reason, a requirement certificate cannot readily be compared with a consumption certificate.

Regardless, both types of energy performance certificates contain information on the primary energy requirement (for the consumption certificate: primary energy consumption) as well as on the final energy requirement (energy consumption indicator) and are therefore essential for the sale of a house. You can find out exactly what the individual values mean further below in the explanations of each type of certificate.

Which mandatory information does an energy performance certificate contain?

According to the relevant provision in Section 87 (1) of the Building Energy Act (GEG), a property advertisement must contain the following mandatory information:

• The type of energy performance certificate: energy requirement certificate within the meaning of Section 81 or energy consumption certificate within the meaning of Section 82.

• The value for the final energy requirement or final energy consumption for the building as stated in the energy performance certificate.

• The main energy sources for heating the building stated in the energy performance certificate.

• For a residential building, the year of construction stated in the energy performance certificate.

• For a residential building, the energy efficiency class stated in the energy performance certificate.

Greenhouse gas emissions (also known as CO2 emissions) are not explicitly listed. Only the value of the final energy requirement from the energy performance certificate must be stated in the property advertisement/property brochure. CO2 emissions can, of course, still be included in the listing, but this is voluntary and therefore not required by law.

Why is the energy performance certificate necessary?

Since 2009, it has been a legal requirement to present the certificate proactively to potential interested parties during a viewing. Since 2014, it has also been a legal requirement that the energy performance certificate must form part of the property brochure. If the certificate is missing, this can mean considerable costs for the property seller. Intentionally or negligently omitting the energy performance certificate can be punished with a fine of up to 15,000 euros. For this reason, sellers are strongly advised to arrange the energy performance certificate for the house sale in good time.

Breach of the energy performance certificate obligation when selling a house: consequences for sellers

The energy performance certificate for a house sale is a legal requirement. Anyone who breaches this obligation risks a fine of up to 15,000 euros. In the worst case, an already concluded purchase agreement may be rescinded. Landlords are also not exempt and must expect a fine if they do not submit an energy performance certificate.

Which energy performance certificate is mandatory?

As described above, a distinction is made in energy performance certificates between the so‑called consumption certificate and the requirement certificate. Whether one or the other energy performance certificate is applicable for a property depends on various structural factors. In addition, the certificates also differ in terms of the costs incurred for their preparation. We therefore briefly summarise the most important differences for you below.

What is a consumption certificate?

The consumption certificate is based on the previous consumption values of the property. For multi‑family houses, an average value is calculated from the energy consumption of the individual residential units. The primary energy consumption stated in the certificate indicates how much energy is required to achieve a certain level of heat energy in the house. The carbon dioxide emissions of the energy source used (for example, solar energy or wood pellets) are also taken into account. Therefore, Primary energy consumption provides information on the environmental compatibility of the building.

The energy consumption value, in turn, reflects the actual consumption values over the last three years. It thus allows conclusions to be drawn about the energy costs of the property for this period.

As this data can be collected relatively quickly and easily, the consumption certificate is the less expensive variant of the energy performance certificate for a house sale. The use of the consumption certificate in the property brochure is permissible for existing buildings that meet the minimum energy requirements in accordance with the GEG, as well as for multi‑family houses with at least five residential units.

What is a requirement certificate?

The requirement certificate describes the theoretical energy requirement of a residential building and is determined in a more elaborate process than the consumption certificate. The entire property is examined concerning its energy efficiency, with factors such as external insulation, energy‑saving windows and the design of the heating system being included in the assessment. The requirement certificate is decisive for new buildings and buildings that do not meet the energy requirements of the GEG. Similar to the consumption certificate, the requirement certificate also contains details of the primary energy requirement, which reflects the environmental compatibility of the property.

In addition, it provides information on the final energy requirement. This value is determined on the basis of the factors mentioned above, such as insulation or thermal insulation glazing. Due to the technical expert report that must be prepared for this purpose, the requirement certificate is the more expensive variant of the energy performance certificate for a house sale. As it takes more energy‑related factors into account, the requirement certificate is more informative than the consumption certificate.

Who pays for the energy performance certificate when selling a house?

The energy performance certificate must already be included in the property brochure before the house is sold. For this reason, the seller generally bears the costs incurred. While sellers usually only need to have the energy performance certificate prepared once in the course of marketing, landlords are obliged to renew the energy performance certificate at regular intervals. However, this only has to be done every ten years. This is how long the energy performance certificate for a property is valid from the date of issue. A consumption certificate prepared online is in some cases available for less than 100 euros, while the significantly more complex requirement certificate can cost up to 500 euros depending on the scope.

Where can I get the energy performance certificate for the sale of my house?

Section 88 of the Building Energy Act (GEG) regulates which persons are authorised to issue an energy performance certificate for a house sale. According to this, the following persons are authorised to issue certificates:

• Persons with a vocational university degree in architecture, interior architecture, structural engineering, civil engineering, technical building equipment, physics, building physics, mechanical engineering, electrical engineering or another discipline with a focus on the above‑mentioned areas.

• Master craftspeople from the construction, finishing and plant engineering trades and the chimney sweeping trade, as well as persons authorised to practise the above‑mentioned trades independently without a master craftsman’s title.

• State‑recognised technicians whose training focuses on the assessment of building envelopes, heating and hot water systems or ventilation and air‑conditioning systems.

• Persons who, under the building regulations of the federal states, are authorised to sign technical building certificates relating to thermal insulation or energy saving for new buildings.

Summary: Which energy performance certificate do I need?

The following summary shows you which type of energy performance certificate may be suitable for you when selling a house.

Engel & Völkers: Support with your house sale

Do you have questions about the energy performance certificate obligation when selling a house or would you like to apply for an energy performance certificate? We are happy to support you. In cooperation with the experts from Enter, you can obtain an energy performance certificate on attractive terms. In addition to the energy performance certificate obligation, there are many other aspects that need to be taken into account for a successful sale. As experienced estate agents, we accompany you through every step of the property sale.

Whether a requirement certificate or a consumption certificate: for a house sale, the energy performance certificate is just as important as the right marketing. The experts at Engel & Völkers will be happy to advise you on this.