Anyone wishing to sell or let a property in Düsseldorf or North Rhine-Westphalia cannot avoid the energy certificate (Energieausweis). The Buildings Energy Act (Gebäudeenergiegesetz, GEG) regulates very precisely when the certificate is mandatory, when it must be presented and handed over, and which details must already appear in the advertisement. Breaches are administrative offences and can become expensive. We have supported owners with sales and lettings for over 60 years, and in this guide we explain the legal framework surrounding the energy certificate calmly, factually and understandably. This is general information and not legal advice for an individual case.
What the GEG regulates regarding the energy certificate
The energy certificate is not a voluntary marketing instrument but a legal obligation. The decisive law is the Buildings Energy Act (Gebäudeenergiegesetz, GEG), which replaced the earlier provisions of the Energy Saving Ordinance. The central rules on the energy certificate appear in Sections 79 to 88 GEG as well as in the penalty provision Section 108 GEG.
Under Section 79(1) GEG, the energy certificate serves solely to inform about the energy characteristics of a building and is intended to enable an approximate comparison of different buildings. It is therefore a decision-making aid for prospective buyers and tenants, not a technical assessment and not a guarantee of actual energy costs.
The law distinguishes between the demand-based energy certificate (Energiebedarfsausweis) and the consumption-based energy certificate (Energieverbrauchsausweis). Which type is permissible for a building is governed by Sections 80 to 86 GEG. What is decisive for this topic, however, is not the preparation but the legal duty: who is obliged, and when, to present, hand over and inform correctly?
When the energy certificate is mandatory (§ 80 GEG)
Under Section 80(3) GEG, an energy certificate must be available when a property changes owner or user. Specifically, this concerns the following transactions:
- the sale of a developed plot of land or of residential or part-ownership,
- the creation or transfer of a heritable building right (Erbbaurecht) over a developed plot of land,
- letting, leasing or financial leasing of a building, a dwelling or another independent unit of use.
In these cases a new certificate need only be issued if there is not already a valid energy certificate for the building. Anyone who already has a current certificate may continue to use it for as long as it remains valid.
In addition, the GEG recognises further occasions: when a building is erected, a demand-based energy certificate must be issued under Section 80(1) GEG, and likewise for major alterations to the existing stock under Section 80(2) GEG. For certain heavily frequented public buildings exceeding 250 or 500 square metres respectively, a display obligation applies under Section 80(6) and (7) GEG. At the centre of everyday practice for sellers and landlords, however, is the change of the property.
Presentation at the viewing and handover after conclusion of the contract
Section 80(4) GEG sets out very precisely when the energy certificate must be shown. On a sale, the seller or the estate agent must present an energy certificate or a copy of it to the prospective buyer at the latest during the viewing. Under Section 80(5) GEG, this duty applies accordingly to landlords, lessors and financial lessors.
The presentation duty can also be fulfilled by a clearly visible display or by clearly visible placement during the viewing. If no viewing takes place at all, the certificate must be presented to the interested party without undue delay. At the latest when the interested party requests presentation, the certificate must likewise be shown without undue delay.
After the contract is concluded, the matter goes a step further: without undue delay after conclusion of the purchase contract, the seller or agent must hand over the energy certificate or a copy of it to the buyer. Presentation and handover are therefore two separate duties. On the sale of a residential building with no more than two dwellings, Section 80(4) GEG additionally provides that the buyer holds an informational advisory discussion on the energy certificate, provided such a discussion is offered free of charge.
Mandatory details in property advertisements (§ 87 GEG)
The energy certificate already takes effect before the first viewing: Section 87 GEG requires certain details to appear already in the property advertisement. The duty applies where, prior to sale, letting, leasing or financial leasing, an advertisement is placed in commercial media and an energy certificate is available at that time. Responsible is whoever is responsible for the publication of the advertisement, that is the seller, landlord, lessor, financial lessor or the estate agent.
Under Section 87(1) GEG, the following mandatory details belong in the advertisement:
- the type of energy certificate, that is demand-based or consumption-based energy certificate,
- the value of the final energy demand or final energy consumption for the building stated in the certificate,
- the main energy source for the building's heating stated in the certificate,
- for a residential building, the year of construction stated in the certificate,
- for a residential building, the energy efficiency class (scale A+ to H) stated in the certificate.
Year of construction and energy efficiency class are therefore mandatory only for residential buildings. For non-residential buildings, under Section 87(2) GEG the final energy demand or final energy consumption for heat and for electricity must each be stated separately. Important: the duty applies only if an energy certificate already exists at all. If none yet exists, there are no mandatory details in the advertisement, but the certificate must be obtained by the time of the viewing at the latest.
Validity: ten years (§ 79 GEG)
Under Section 79(3) GEG, an energy certificate must be issued for a validity period of ten years. The date of issue on the document is decisive. After these ten years have elapsed, the certificate may no longer be used to fulfil the presentation or advertisement duties.
Independently of the ten-year period, a certificate may also lose its validity earlier: if, owing to major alterations to the building, a new energy certificate becomes necessary under Section 80(2) GEG, the previous one is no longer decisive.
For owners this means in practice: before any marketing, it is worth looking at the date of issue. An expired certificate does not fulfil the GEG duties and may give rise to a fine risk. Anyone who checks in good time avoids marketing stalling because of a missing valid certificate.
Who may issue an energy certificate (§ 88 GEG)
Not every person may issue an energy certificate. Section 88 GEG governs the authorisation to issue and ties it to qualification and professional experience. Authorised are in particular:
- persons who, under the building regulations of the federal states, are authorised to sign structural verifications of thermal protection or energy saving,
- persons with a relevant university degree, for example in architecture, civil engineering, building services engineering, physics, mechanical engineering or electrical engineering,
- qualified tradespeople in construction, finishing or building-services trades, for example holding a master craftsman's title, as well as the chimney sweep trade,
- state-recognised or state-examined technicians with a corresponding focus of training.
In addition, under Section 88(2) GEG there are further requirements such as a training focus in energy-saving construction, relevant professional experience or successful training. Under Section 88(5) GEG, anyone who has passed the energy advisory qualification examination of the Federal Office for Economic Affairs and Export Control is also authorised. Anyone who has a certificate issued by an unauthorised person risks an administrative offence under Section 108 GEG.
Fines and exceptions (§ 108 and § 79 GEG)
The duties surrounding the energy certificate are not mere recommendations. Section 108 GEG makes breaches an administrative offence subject to a fine. An administrative offence is committed by anyone who, intentionally or recklessly, among other things fails to present the energy certificate at all, correctly, completely or in good time (Section 80(4)) or to hand it over (Section 80(4) sentence 5), fails to ensure the mandatory details in the property advertisement (Section 87) or issues a certificate without authorisation to issue (Section 88).
For these breaches surrounding the energy certificate, Section 108(2) GEG provides for a fine of up to ten thousand euros. The fine may be imposed per breach, which is why careful preparation of the marketing is worthwhile in every case.
There are, however, clearly defined exceptions. Under Section 79(4) GEG, the provisions of this section do not apply to a small building. A small building is, under Section 3(1) no. 17 GEG, a building with no more than 50 square metres of usable floor area. In addition, Section 80(3) to (7) GEG does not apply to a listed building (Baudenkmal), that is a building protected under state law. For these cases, the duties to provide a certificate, to present it and to hand it over do not apply. In case of doubt, the classification should be examined on an individual basis.
