Anyone advertising a property must already state certain values from the energy performance certificate in the advertisement – certificate type, energy rating, energy source, year of construction and efficiency class. This is prescribed by the Building Energy Act (GEG), and anyone omitting the information risks a fine of up to 10,000 euros. We show you which five mandatory details belong in every sales advertisement, when the obligation applies and what private owners placing advertisements should pay particular attention to.
What the Building Energy Act prescribes for advertisements
As soon as you advertise a property in a commercial medium – including newspapers, magazines and, above all, online property portals and metasearch engines – Section 87 GEG applies. It requires the advertisement to contain certain key figures from the energy performance certificate, provided a certificate already exists at the time the advertisement is placed. Those responsible are expressly not only estate agents, but also sellers, landlords, lessors and leasing providers – meaning you as a private owner placing an advertisement as well.
It is important to distinguish between two obligations: The requirement to possess an energy performance certificate at all and present it to an interested party arises from Section 80 GEG. The requirement for individual values to already appear in the advertisement, on the other hand, is governed by Section 87 GEG. Both provisions apply independently of one another.
These five mandatory details belong in every apartment or house advertisement
For residential buildings, Section 87(1) GEG specifies exactly five details that must be transferred from the available energy performance certificate into the advertisement:
- Type of energy performance certificate: State whether it is an energy demand certificate (Energiebedarfsausweis) or an energy consumption certificate (Energieverbrauchsausweis).
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Final energy rating: the value of the final energy demand or final energy consumption stated in the certificate, expressed in kilowatt-hours per square metre per year – abbreviated as
kWh/(m²·a). - Primary energy sources for heating: for example natural gas, heating oil, district heating, wood pellets or electricity (in the case of a heat pump).
- Year of construction of the building: the year of construction of the residential building stated in the energy performance certificate.
- Energy efficiency class: the class from A+ to H, as specified by the certificate pursuant to Section 86 GEG.
All values must be transferred exactly as they are, as they appear on the certificate. Personal estimates or rounded-up fanciful figures are not permitted.
For non-residential buildings – such as office or commercial spaces – a special rule applies: Here, the final energy demand or consumption pursuant to Section 87 (2) GEG must be stated separately for heating and electricity; the year of construction and efficiency class do not apply.
When the obligation applies – and when it does not
The obligation to provide information is tied to a clear condition: An energy performance certificate must already exist when the advertisement is placed. If this is the case, every incomplete advertisement constitutes a violation. Some constellations are exempt:
- No certificate available yet: If you advertise a new building that has not yet been completed, there is often no certificate yet. The information is then not required – but you must obtain it by the time construction is completed at the latest.
- Small buildings: Under Section 79 (4) GEG, buildings with less than 50 square metres of usable floor area do not require an energy performance certificate at all; consequently, there are no mandatory details either.
- Listed buildings: Buildings under historical preservation protection are likewise exempt from the certificate requirement under the same provision.
Regardless of the advertisement, you must present the energy performance certificate to the prospective buyer no later than during the viewing pursuant to Section 80 GEG and hand over the original or a copy after conclusion of the contract. An energy performance certificate is valid for ten years from the date of issue.
Energy demand certificate or consumption certificate: choosing the type
For the advertisement, the only thing that matters is naming the type correctly. In practice, however, it is worth looking at the differences, because not every owner may choose freely:
- Consumption certificate: It is based on the actual energy consumption over the past three years. It is cheaper, but depends heavily on the heating habits of the previous occupants.
- Demand certificate: It is based on a technical analysis of the building (insulation, windows, heating system) and is independent of user behaviour – but more complex and expensive.
Under Section 80 GEG, a demand certificate is mandatory for residential buildings with fewer than five apartments whose building application was submitted before 1 November 1977 – unless the building was subsequently upgraded to the standard of the 1977 Thermal Insulation Ordinance. In all other cases, you may choose between the two types.
What fine is threatened for missing information?
Anyone responsible who fails to ensure that the advertisement includes the contains mandatory information, is committing an administrative offense under Section 108 (1) No. 27 GEG. Under Section 108 (2) GEG, this administrative offense can be punished with a fine of up to 10,000 euros.
In practice, fines for a first offense are usually significantly lower. The actual risk often lies elsewhere: Competitors or consumer protection associations can issue warnings under competition law against incomplete advertisements, which can quickly result in legal fees and contractual penalty costs. Sellers placing private listings should also know that the law obliges them just as much as professional agents – responsibility cannot be shifted to the portal.
Before publishing, check whether all five values appear in your listing. At TraumImmo, we guide you through the mandatory fields so that your listing complies with the GEG from the outset.
FAQ on the mandatory information in the energy performance certificate
Do I also have to provide the information as a private individual?
Yes. Section 87 GEG expressly mentions sellers and landlords alongside agents. Whether you list privately or commercially makes no difference to this obligation.
What applies if no energy performance certificate is available yet?
If no certificate is available when the advertisement is placed, you do not have to provide the values. However, you will generally need one for the sale itself – so have it issued at an early stage.
Which energy efficiency class is good?
The scale ranges from A+ (up to 30 kWh/(m²·a)) to H (over 250 kWh/(m²·a)). New buildings and extensively renovated properties are usually rated A+ to C, while unrenovated older buildings are often rated G or H.
Is an energy consumption certificate sufficient for the advertisement?
Yes, provided an energy demand certificate is not mandatory for your building. Both types of certificate meet the advertising obligation equally – you only need to name the applicable type.
What happens with incorrect values?
Incorrect information can also be classified as an administrative offense. Therefore, always copy the values from the valid certificate without alteration.
Does the obligation also apply to renting?
Yes. Section 87 GEG applies equally to sales, rentals, leases and leasing.
Conclusion: Be on the safe side with five pieces of information
For residential buildings, the GEG requires five mandatory pieces of information in every advertisement: certificate type, final energy performance value, energy source, year of construction and efficiency class. The obligation applies equally to private individuals and agents, but only if an energy performance certificate is available. Anyone who correctly transfers the values from the certificate avoids fines of up to 10,000 euros and costly cease-and-desist warnings – and appears serious to prospective buyers from the outset.