Energy performance certificate

The Act on the Presentation of the Energy Performance Certificate (EAVG 2012) provides that in the event a building or an object of usage is sold or rented/leased, the seller or landlord/lessor has to present to the buyer or tenant/lease-holder an Energy Performance Certificate in due time before the contract is concluded. At the time of presentation, the Energy Performance Certificate may not be older than 10 years. It must also be handed over to the buyer or tenant/lease-holder no later than 14 days after the signing of the agreement. In the event the seller or the landlord/lessor fails to provide the certificate, the buyer or the tenant/lease-holder is entitled to procure the Energy Performance Certificate directly, provided he / she has requested the certificate from the seller or the landlord/lessor in vain. The buyer or the tenant/lease-holder can then opt to either claim reasonable expenses for the certificate at court within a period of three years, or file a court request for the hand-over of the certificate.

The EAVG2012 has been in force since December 1, 2012. It provides that advertisements in print and electronic media must specify the thermal heat requirements (Heizwärmebedarf or HWB) and the overall energy efficiency factor (Gesamtenergieeffizienzfaktor or fGEE), with both seller or landlord/lessor and broker being subject to this obligation.

Certificates which were issued before EAVG 2012 went in to force, shall be valid for 10 years after the date of issuance. This regulation also applies if the certificate displays the thermal heat requirements (HWB) only, and not the overall energy efficiency factor (fGEE) as well. In such case the thermal heat requirement value (related to the climate at the site) shall suffice.

The seller or landlord/lesser may choose to hand-over either an Energy Performance Certificate on the overall energy efficiency of the object or of a comparable object within the same building, or on the entire building. With regard to one-family homes, the requirement to present and hand-over an energy certificate will be satisfied by means of an energy certificate for a comparable building. The author of the Energy Performance Certificate must, however, confirm such comparability.

The Energy Performance Certificate must be compliant with the respective provincial regulations and is designed to create comparable information on the standard energy consumption of an object. The calculation of energy indicators is based on pre-defined conditions and standard parameters which are not user-dependent, resulting in the fact that there may be considerable deviations when the property / object is actually used.

If no Energy Performance Certificate is presented, Sec. 7 EAVG provides that an overall energy performance corresponding to the age and type of the building has been agreed.

Since December 1, 2012, a nation-wide catalogue of exemptions has been in effect in Austria. Contrary to the previous regulation, Energy Performance Certificates must now also be made available for historical monuments and listed buildings.

The Act on the Presentation of the Energy Performance Certificate (EAVG 2012) includes administrative penalty provisions. Both the seller or the landlord/lessor and the broker who fail to state the HWB and fGEE values in an advertisement are subject to a fine of up to EUR 1,450. Brokers will only be excused if they have informed the seller or the landlord/lessor of the subject obligation, requesting both indicators and the procurement of an Energy Efficiency Certificate, which the seller or the landlord/lessor refused to supply. Moreover, the seller or landlord/lessor faces an administrative penalty of up to EUR 1,450 if he/she fails to present and / or hand-over the Energy Performance Certificate.

Quelle: wko.at