Anyone selling a property cannot avoid the energy performance certificate: The Building Energy Act makes it mandatory when selling. You must present it at the latest during the viewing – anyone who ignores this obligation risks a fine of up to 10,000 euros. We explain exactly when the energy performance certificate must be presented, which buildings are exempt, and what buyers and sellers should bear in mind.
Is the Energy Performance Certificate Mandatory When Selling?
Yes. Anyone selling a residential or non-residential building must make a valid energy performance certificate available to the buyer. The basis is the Building Energy Act (GEG), specifically § 80 GEG. The energy performance certificate documents a building’s energy efficiency and makes properties comparable for prospective buyers – similar to the energy label on household appliances.
The obligation primarily applies to the seller. If you commission an estate agent, they will handle presenting it in practice – but this does not completely release you from responsibility. An energy performance certificate is valid for ten years (§ 79 GEG). If a valid certificate already exists – for example, from a previous letting –, you do not need to have a new one issued. If it has expired or does not exist at all, you should arrange for a new one to be issued in good time before marketing the property.
There are essentially two variants – the demand-based certificate and the consumption-based certificate. Which type is permissible depends on the building; however, the choice makes no difference to the general obligation to provide one when selling. The only decisive factor is that a valid certificate exists at all.
When Must the Energy Performance Certificate Be Presented?
The GEG establishes a clear process with several stages. The following applies to sales:
- At the latest during the viewing: You must present the energy performance certificate or a copy to the prospective buyer without being asked. It is also sufficient to display or lay out the certificate in a clearly visible manner during the viewing.
- Without a viewing – without delay: If no viewing takes place, the certificate must be presented without delay. The same applies as soon as an interested party expressly requests it.
- After the purchase contract – handover: Immediately after concluding the purchase contract, you must hand the energy performance certificate or a copy to the buyer.
“Present” means: The prospective buyer must be able to see the certificate be able to inspect. “Handing over” means: The buyer receives the document permanently. Both are mandatory – presenting it during the sales process, handing it over upon completion.
In practical terms: Do not wait until the notary appointment to obtain the certificate. It must already be available at the time of the first viewing. Anyone who only then discovers that the certificate is missing or expired delays the sale and appears unprofessional to buyers.
Incidentally, the certificate requirement affects marketing even before the first viewing: If you place a commercial property advertisement and an energy performance certificate exists, certain key figures must already be included in the listing (§ 87 GEG) – such as the type of certificate, final energy demand or consumption, the main energy source and, for residential buildings, the year of construction and the energy efficiency class.
Which properties are not subject to the requirement?
Not every sale triggers the certificate requirement. The GEG specifies several exceptions (§ 79 GEG):
- Listed buildings: There is no obligation to present an energy performance certificate when selling listed buildings. The exception applies regardless of size and year of construction.
- Small buildings: Buildings with less than 50 square metres of usable floor area are exempt from the certificate requirement.
- Certain special cases: These include, for example, buildings used only for short periods, as well as buildings that are not or are barely heated or cooled.
However, these exceptions are narrowly defined – as a rule, the sale of a habitable property is subject to the requirement. If you are unsure whether your property falls under an exception, clarify this with an energy consultant or the responsible authority before marketing it.
What fine applies in the event of a violation?
Anyone who fails to present or hand over the energy performance certificate, does so late or incompletely, commits an administrative offence. Under § 108 GEG, this may be punished with a fine of up to 10,000 euros. The law provides for the same maximum fine if the required energy figures are missing from a commercial property advertisement.
In practice, authorities rarely impose the maximum amount for a first offence – the fines actually imposed are often significantly lower. However, you should not rely on this: In the case of repeated or intentional violations, the range increases, and in addition to fines and delays in the sales process may result. If a buyer feels misled due to missing energy information, this may, in individual cases, also lead to disputes over the purchase agreement.
Advantages and disadvantages of the energy certificate requirement for sellers and buyers
The requirement causes effort, but also creates transparency. Both sides benefit in different ways – you should know these points:
- Advantage for buyers – transparency: The certificate makes the expected energy costs and the energy condition visible even before the purchase.
- Advantage for buyers – comparability: Properties can be directly compared based on their energy performance indicator and efficiency class.
- Advantage for sellers – credibility: A complete, up-to-date certificate appears professional and prevents follow-up questions and mistrust.
- Disadvantage – costs and time: Preparation costs money and must be planned before marketing begins.
- Disadvantage – visible weaknesses: In buildings with poor energy performance, the certificate reveals defects that may affect price negotiations.
- Disadvantage in the event of failure to comply – risk of fines: Anyone who ignores the requirement risks sanctions and loss of trust among interested parties.
FAQ about the energy certificate when selling
Do I need an energy certificate as a private seller?
Yes. The requirement under Section 80 GEG applies regardless of whether you sell privately or through an estate agent. Only the exceptions mentioned – such as listed buildings or very small buildings – exempt you from the requirement.
Exactly when do I have to show the certificate?
At the latest during the viewing, and without being asked. If no viewing takes place or an interested party expressly requests the certificate, you must present it without delay.
Is a copy sufficient, or must it be the original?
A copy is sufficient – both when presenting it during the viewing and when handing it over after the purchase agreement.
How long is an energy certificate valid?
Ten years from the date of issue (Section 79 GEG). After that, you need a new certificate for another sale.
Who is liable if the estate agent forgets the certificate?
The obligation to present it applies to both the seller and the estate agent. As the owner, you should not rely solely on the estate agent; instead, if in doubt, ensure yourself that the certificate is available and handed over on time.
Do I have to carry out energy-related renovations before selling if the certificate turns out poorly?
No. The certificate requirement obliges It is only intended to disclose the energy condition – not to improve it before the sale. However, a poor rating can affect the achievable price.
Conclusion: Obtain the certificate early
When selling a property, the energy certificate is not optional but mandatory. Anyone selling should obtain it early – ideally before the first listing goes online. This ensures that you meet the obligation to present it by the viewing at the latest, avoid a fine of up to 10,000 euros, and appear professional to prospective buyers. The obligation only does not apply to a few types of buildings, such as listed monuments and very small buildings. If you are unsure, clarify the appropriate certificate type and possible exceptions with an energy consultant in good time.