House sale documents: obligation, costs, validity

New regulation on the energy certificate as of May 2021

In autumn 2020, the German government passed the so-called Building Energy Act (Gebäudeenergiegesetz, GEG), which changes the details of energy certificates. Accordingly, when the Act comes into force on 1 May 2021, energy performance certificates must for the first time include the CO2 consumption values of a property in addition to the energy-related data. However, the essential points for determining energy efficiency will remain. In addition, the new law places a greater obligation on owners to provide correct data to the issuers of the energy performance certificates. On the other hand, the issuers are required by law to explicitly check the accuracy of the data they receive. Another change: in addition to sellers and landlords, real estate agents must also submit the certificate as of 1 May.

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

• The type of energy certificate: energy requirements certificate within the meaning of § 81 or energy consumption certificate within the meaning of § 82.

• The value of the final energy demand or final energy consumption for the building stated in the energy performance certificate.

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

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

• In the case of a residential building, the energy efficiency class stated in the energy performance certificate.

The greenhouse gas emissions (also called CO2 emissions) are not explicitly listed. Of the information on the energy certificate, only the value of the final energy demand must be stated in the property advertisement/exposé. In this respect, the exposés do not have to be supplemented with CO2 emission information subsequently or in the future. A special feature of the consumption certificate is that there is no calculation of CO2 emissions. The real estate agent does not have to make a calculation himself, nor does he have to indicate the CO2 emissions in the advertisement at all. CO2 emissions can, of course, still be stated in the advertisement, but this is voluntary, i.e. not required by law.

Energy certificate - what is it?

The name says it all: the energy performance certificate is a document that provides information about the energy efficiency of a property. It helps potential tenants or buyers to get an idea of the expected energy costs of a property. The energy pass distinguishes between the so-called Demand certificate and the consumption certificate certificate. These differ primarily with regard to the way in which the data on the energy efficiency of the building is recorded. Therefore, a demand certificate cannot be easily compared with a consumption certificate. Regardless of this, both energy performance certificates contain information on the primary energy demand (in the case of the consumption certificate: primary energy consumption) as well as the final energy demand (energy consumption characteristic value) and are therefore essential for the sale of a house. You can find out exactly what the individual values are in the explanations on the respective type of certificate below.

Why do I need an energy performance certificate?

The energy performance certificate plays an important role, especially when selling a house: Since 2009, it has been a legal requirement to present the certificate to potential buyers during a viewing without being asked. Since 2014, it has also been a legal requirement that the energy certificate must be part of the real estate exposé. If the certificate is missing, this can mean enormous costs for the property seller. An intentional or negligent omission of the energy certificate can result in a fine of up to 15,000 euros A fine of up to 15,000 euros punishable. For this reason, sellers are strongly advised to have the energy performance certificate for the house sale prepared in good time.

Which energy certificate is mandatory?

As described above, the energy certificate distinguishes between the so-called consumption certificate and the demand certificate. Whether one or the other energy certificate is suitable 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. In the case of apartment buildings, an average value is calculated from the energy consumption of the individual residential units. The Primary energy consumption of the certificate indicates how much energy is needed to achieve a certain level of heat energy in the house. The carbon dioxide emission of the energy source used (for example solar energy or wood pellets) is also taken into account. The primary energy consumption thus provides information about the environmental compatibility of the building. The Energy consumption value in turn reflects the real consumption values of the last three years. It thus allows conclusions to be drawn about the energy costs of the property for this period.

Since this data can be collected comparatively quickly and easily, the consumption certificate is the cheaper variant of the energy certificate for house sales. The use of the consumption certificate in the real estate exposé is permissible for existing residential buildings that comply with the 1977 Heat Insulation Ordinance and apartment buildings that consist of at least five residential units.

What is a demand certificate?

The demand certificate describes the theoretical energy demand of a residential building and is determined in a more complex procedure than the consumption certificate. For this purpose, the entire property is examined with regard to its energy efficiency, whereby factors such as external insulation, energy-saving windows and the condition of the heating system are included in the assessment. The demand certificate is relevant for new buildings and buildings that do not comply with the 1977 Heat Insulation Ordinance. Similar to the consumption certificate, the demand certificate also contains information on the Primary energy demandwhich reflects the environmental performance of the property. In addition, it provides information on the Final energy demand. This value is determined on the basis of the above-mentioned factors such as insulation or thermal insulation glazing. Due to the technical expert opinion that must be prepared for this purpose, the demand certificate is the more expensive variant of the energy certificate for the sale of a house. Since it takes more energy factors into account, the demand certificate is more informative than the consumption certificate.

Who pays for the energy certificate when selling a house?

The energy certificate must already be available in the exposé before the house is sold. For this reason, the seller usually bears the costs. However, while sellers usually only have to have the energy certificate issued once in the course of marketing, landlords are obliged to renew the energy certificate at regular intervals when tenants change. However, this only has to be done every 10 years - this is how long the energy certificate of a property is valid from the date of issue.

Where can I get the energy certificate for selling a house?

The EnEV stipulates which persons are entitled to issue an energy certificate for the sale of a house. Accordingly, the following are authorised to issue an energy certificate:

• Persons with a professional university degree in architecture, interior design, structural engineering, civil engineering, technical building equipment, physics, building physics, mechanical engineering, electrical engineering or any other discipline that focuses on the above-mentioned areas.

• Master craftsmen from the building, finishing and plant engineering trades and the chimney sweeping trade as well as persons who are entitled to independently exercise the aforementioned trades without the title of master craftsman.

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

• Persons who, in accordance with the building regulations of the Länder, are authorised to sign structural engineering certificates of thermal insulation or energy saving in the construction of buildings.

Summary: Which energy certificate do I need?

The following summary shows you which type of energy certificate is suitable for you when selling a house:

Consumption certificate

Valid for:

• existing properties that comply with the 1977 Thermal Insulation Ordinance.

• Apartment buildings with more than five residential units.

Advantages:

• simple data collection

• Inexpensive

Disadvantages:

• less informative than the demand certificate

Demand certificate

Valid for:

• New buildings.

• Buildings that do not comply with the 1977 Thermal Insulation Ordinance.

Advantages:

• More informative than a consumption certificate

• More precise information on energy efficiency

Disadvantages:

• expensive

• Complex procedure for data collection

Whether it is a demand or consumption certificate, the energy certificate is just as important for the sale of a house as the right marketing. Our experts at Engel & Völkers will be happy to advise you in this regard and, thanks to excellent market knowledge and exclusive marketing opportunities, will lead the sale of your property to success. We look forward to hearing from you.