An energy performance certificate (hereinafter: ‘certificate’) or energy certificate is a document that determines the actual energy consumption of a specific property. The legal regulation is systematised in the Act of 29 August 2014 on the energy performance of buildings (Journal of Laws 2014, item 2000) (hereinafter: ‘the Act’) and the Act of 7 October 2022 amending the Act on the energy performance of buildings and the Act – Building Law (Journal of Laws 2022, item 2206) (hereinafter: ‘the amending Act’ or ‘the Amendment’).
The ratio legis of the amendments is to increase the value of the Certificate and to eliminate from the market Certificates originating from unreliable and illegal sources.
The Amendment came into force on 28 April 2023, and includes the following changes:
(i) the Certificate in a new acceptable electronic form, numbered in the central register of energy performance of buildings,
(ii) the obligation to attach the certificate to the notice of completion of construction or to the application for an occupancy permit,
(iii) the obligation to have a certificate applies to new buildings or parts thereof, unless the built-up area of such buildings or parts thereof does not exceed 70 m2,
(iv) the obligation to draw up a Certificate in the event of the sale or lease of a building or part thereof,
(v) the obligation to have a Certificate rests with the owner or manager of the property; alternatively, the tenant may prepare a Certificate at the landlord’s expense and risk,
(vi) changes to the air conditioning and heating controls.
As a general rule, owners of buildings or parts of buildings who use the property for their own use are not required to draw up a Certificate.
*The consequence of not having and properly displaying the Certificate when selling or renting the property is a fine of a maximum of PLN 5,000.00,
** Having a Certificate, except in mandatory cases, is desirable and increases the stability of the energy performance and the value of the property.
5 May 2023.
