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Energy performance certificate. Changes – a new obligation for property owners. What are the penalties for not having an energy certificate?

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In April, the amendment to the Act on the energy performance of buildings comes into force. As a result, it will be necessary to have energy certificates when selling or renting a flat. For the lack of a document, property owners will face high penalties – indicated attorney Łukasz Ciskowski.

On April 28, new regulations on energy performance certificates will come into force. The regulations adapt Polish law to EU regulations. As a result of changes, the landlord or seller of the apartment should provide the other party with a copy of the energy certificate.

Energy performance certificate – how much does it cost

The energy certificate is a certificate prepared on the basis of the building’s energy assessment, which consists in calculating the house’s demand for energy needed for heating and ventilation, hot water preparation, air conditioning and lighting.

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The document is valid for 10 years, but after the entry into force of the amendment, in the event of a renovation that will affect energy consumption, the certificate will have to be “renewed”.

Until now, such certificates had to be obtained by investors of real estate built after 2009. The amendment introduces the obligation to prepare certificates also for buildings built before 2009, both individual and multi-family, as well as flats that are sold or rented.

Maciej Surówka, president of the board of the Association of Energy Certifiers and Auditors, indicated in an interview with TVN24 Biznes that a certificate for an apartment costs from PLN 400 to PLN 600, and for houses from PLN 700 to PLN 1,500.

Read also: A new obligation for apartment owners. The cost is even several hundred zlotys

“New regulations introduce tougher sanctions”

Pursuant to the new regulations, owners of properties intended for sale or rent are required to have an energy certificate, which specifies the energy efficiency of the building and informs about the operating costs. Without a valid energy certificate, such a transaction cannot be carried out, unless the subject of the transaction qualifies as an exception to the obligation to have this certificate.

“Property owners must be aware of the consequences of not having an energy certificate. The new regulations introduce stricter sanctions for the lack or failure to have an energy certificate, which may result in high financial penalties and delays in the sale or rental of real estate or additional financial consequences for sellers or landlords,” said Łukasz Ciskowski, attorney at Czupajło Ciskowski & Partners, Kancelaria Adwokacka, quoted in the communication

A property owner who fails to provide an energy certificate for the transaction may be fined up to PLN 5,000.

“Financial penalties will also apply to persons preparing certificates for making false declarations. In addition, mandatory inspections of buildings will be organized. Their frequency will depend on the type of boiler and its power” – he added.

In the case of sale or rental of real estate without a valid energy certificate, the buyer or tenant may have this certificate drawn up at the expense of the seller or lessor.

“Stricter sanctions are introduced to encourage owners to comply with the regulations and regularly update energy certificates. It is worth noting that the energy certificate is not only a formal requirement, but also a tool that allows you to assess the energy efficiency of the building and take action to improve it.” the lawyer noted.

Main photo source: Damian Lugowski / Shutterstock.com

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