Energy performance certificate: requirements, costs and fines for owners

Article L-0103 · 08.10.2026 · 7 min read · Joé Christian Ewrard

When is an energy performance certificate required?

An energy performance certificate is primarily required when a building, apartment or other independent unit is to be sold, newly let, rented out under a lease or leased. If no valid certificate is available, one must generally be issued. A demand-based energy performance certificate is also required for new buildings and, under certain conditions, following extensive alterations to a building.

Anyone who neither sells nor newly lets their owner-occupied house will normally not require an energy performance certificate merely because they own it. The frequently heard claim that every owner must have a current certificate at all times is therefore too broad. The deciding factors are the reason for requiring it, the type of building and any applicable exceptions.

The energy performance certificate is generally issued for the entire building, not for an individual apartment. For a condominium, the owners’ association or property management company is therefore usually the first point of contact. Separate certificates may be required if parts of a building must be treated differently from a legal and energy perspective, for example in the case of certain mixed-use properties.

The regulations are set out in the Building Modernisation Act, abbreviated to GModG, which developed from the former Building Energy Act. The energy performance certificate is intended solely to provide an approximate assessment of a building’s energy efficiency and to allow buildings to be compared. It does not guarantee specific heating costs and is no substitute for either a technical assessment or energy consultation. The relevant legal provisions can be found in particular in [Sections 79 and 80 GModG](https://www.gesetze-im-internet.de/geg/__80.html).

Demand-based or consumption-based energy performance certificate: What is the difference?

The demand-based energy performance certificate assesses the building based on its structural and technical characteristics. Factors taken into account include the building envelope, windows, insulation, heating system and hot water supply. The calculation uses standardised conditions. As a result, the outcome depends less on whether the previous occupants used heating particularly sparingly or generously.

The consumption-based energy performance certificate, by contrast, is based on the energy consumption actually recorded. It must cover a continuous period of at least 36 months. The most recent billing period included must not be too far in the past. Longer periods of vacancy must be appropriately taken into account in the calculation.

The consumption-based energy performance certificate often involves less effort. However, its result is more strongly influenced by the behaviour of the previous occupants. A single, energy-conscious owner may produce a different consumption profile from a family that regularly heats every room. Buyers should therefore not confuse a good consumption figure with a technically sound building envelope.

The demand-based energy performance certificate usually provides a better basis for presenting the energy condition of an older house in a clear and comprehensible way. However, it also does not predict the energy costs a particular household will later incur. Room temperature, hot water requirements, weather, energy prices and personal behaviour remain decisive.

Which energy performance certificate is permitted for my building?

For many existing buildings, there is a choice between a demand-based energy performance certificate and a consumption-based energy performance certificate. An important exception applies to residential buildings with fewer than five units for which the building application was submitted before 1 November 1977. In these cases, a demand-based energy performance certificate is generally required when the property is sold or newly let.

This does not apply if the building already met the requirements of the Thermal Insulation Ordinance in force at the time when it was completed, or if it was subsequently upgraded to at least that standard. Whether this is the case cannot be reliably determined from the building's external appearance. Construction documents, evidence of renovations and the professional assessment of an authorised issuer are more important for this purpose.

Particularly in the Eifel, owners often encounter buildings that have been altered in stages over several decades. A quarry-stone house in the Eifelkreis Bitburg-Prüm may have a more recent extension, replacement windows and several generations of heating technology. In Trier, apartment buildings or mixed-use buildings are also more common. In such cases, the permissible type of certificate should be clarified before the property is advertised.

If documents are missing, this does not automatically mean that an energy performance certificate cannot be issued. A qualified professional can record the building data and use permitted simplifications. However, owners should not estimate unknown years of construction, insulation thicknesses or areas and present them as confirmed information.

When must the energy performance certificate be available?

The energy performance certificate should be checked or commissioned before the property is marketed. If a valid certificate is already available when a commercial property advertisement is published, the legally required information from it must be included in the advertisement. The certificate or a copy must be presented without being requested no later than at the viewing. Displaying it prominently or placing it where it is clearly visible is also sufficient.

If no viewing takes place, the prospective buyer or tenant must receive the certificate without delay. This applies at the latest when they expressly request it. Once the purchase, rental, lease or leasing agreement has been concluded, a copy or the certificate must be provided without delay.

In practice, “We will provide the certificate later” is therefore not a good solution. The notary appointment is not the relevant point in time for providing the initial information. Anyone who only commissions the certificate after serious discussions have begun risks an interruption in the marketing process. This can unsettle prospective buyers or tenants and complicate financing arrangements.

Obtaining an energy performance certificate early also helps prevent inconsistencies. If the year of construction, energy source or building area stated in the certificate does not match the sales particulars and documents, this can be clarified before the first viewing. Otherwise, it can quickly create the impression later that key information was not carefully checked.

What information must be included in the property listing?

If an energy performance certificate is available when the advertisement is placed, the advertisement must specify the type of certificate. It must also state the final energy demand or final energy consumption, the main energy sources used for heating and, for residential buildings, the year of construction and energy efficiency class specified in the certificate. For non-residential buildings, the relevant figures for heating and electricity must be stated separately.

The figures should be copied exactly from the certificate. Demand and consumption must not be confused. The energy source should also not be stated from memory if the certificate provides a more precise description. Special considerations may apply to older certificates because their format and the information they contain differ from current templates.

The requirement to include this information in advertisements applies only if an energy performance certificate is already available at the time of publication. However, this does not mean that an owner should deliberately postpone commissioning it until after the advertisement has been published. The document must be available no later than at the viewing. This kind of time pressure is more likely to result in missing documents, unchecked data or an unsuitable type of certificate.

If a real estate agent is responsible for the publication, the obligation also applies to them. For owners, this is an important question of quality: Before the property is listed, the certificate, property particulars and building data should be checked against each other. The complete statutory information required in advertisements is set out in [Section 87 GModG](https://www.gesetze-im-internet.de/geg/__87.html).

How long is the certificate valid and what exceptions are there?

An energy performance certificate is generally valid for ten years. An existing certificate therefore does not need to be renewed solely because the property is being offered again. Before it is used, however, it should be checked whether it has expired and whether any changes made in the meantime require a new certificate.

Not every renovation automatically invalidates the existing certificate. However, if an existing building is altered in such a way that the legally prescribed energy calculations are carried out for the entire building, a new energy demand certificate may be required. This should be assessed by the planner or energy consultant on a case-by-case basis.

Exceptions apply, among other things, to listed buildings when they are sold or rented out, as well as to small buildings with no more than 50 square metres of usable floor space. Here too, the precise legal classification is decisive. An old building is not a listed building solely because of its age. Its actual protected status is what matters.

For unusual buildings, mixed-use properties or disputed listed-building status, owners should involve the competent authority or a qualified professional. For individual legal questions, consulting a lawyer or notary is recommended.

How much does an energy performance certificate cost?

There is no standard flat-rate price for issuing a certificate. The costs depend on the type of certificate, the size and complexity of the building, the quality of the available documents and the work involved in collecting the data. A well-documented residential property usually involves less work than an older building with extensions, different heating systems or partial commercial use.

An energy consumption certificate often involves less work because it is based primarily on billing and consumption data. For an energy demand certificate, the building components and technical systems must be recorded and calculated in greater detail. If plans and renovation records are missing, the amount of verification required increases.

An on-site inspection is not legally mandatory in every case. However, it can significantly improve the quality of the data collected, particularly for older properties or houses that have been altered several times. Owners should assess very inexpensive online offers based on which documents are reviewed, who collects the data and whether the provider is authorised to issue the certificate.

Landlords are generally not permitted to pass the cost of the energy performance certificate on to tenants through service charges. A tax adviser should be consulted regarding the tax treatment of the expenses.

Which errors can result in a fine?

Anyone who fails to present the energy performance certificate, presents it incompletely or does not present it in time, or fails to hand it over after the contract has been concluded, may be committing an administrative offence. Missing mandatory information in a property advertisement for which a person is responsible, incorrect data provided or the issue of a certificate by an unauthorised person may also be relevant.

For breaches relating to presentation, handover and information in advertisements, the law provides for fines of up to 10.000 Euro. This is a statutory maximum, not an automatic standard fine for every error. Whether a fine is imposed and its amount depend on the individual case and the competent authority. The offences and maximum fines are set out in [Section 108 GModG](https://www.gesetze-im-internet.de/geg/__108.html).

In real estate agency practice, problems rarely arise from outright refusal. More often, an expired certificate is used, energy demand is confused with energy consumption or the energy efficiency class is omitted from a property portal listing. Equally problematic is data provided by the owner from memory even though invoices or construction documents show otherwise.

If an authority has already made contact or a specific allegation has been raised, owners should not base their legal assessment solely on general information found online. In that case, it is advisable to consult a lawyer. This guide explains the usual process but does not replace legal advice.

Before placing the first listing, check whether a valid energy performance certificate is available, which type of certificate is permitted and whether its details match the other property documents. For properties in the Eifelkreis Bitburg-Prüm, Trier and Trier-Saarburg, the Vulkaneifel or near the border with Luxemburg, PRIOCASA can review these documents early in the sales process and coordinate the next necessary step with you.

Frequently Asked Questions

Do I need an energy performance certificate if I only occupy my house myself?

As a rule, no, as long as there is no upcoming sale, new letting or other circumstance covered by law. There is no general requirement to keep a current certificate available at all times for every owner-occupied house.

Is a consumption-based energy performance certificate sufficient when selling a house?

That depends on the building. For certain older residential buildings with fewer than five units, an energy demand certificate is required unless it can be demonstrated that the relevant energy efficiency standard has been met. The type of certificate should be checked before it is commissioned.

May I list the property even though the energy performance certificate is not yet available?

The mandatory information in the listing depends on whether a certificate is already available at that time. However, it must be presented no later than at the viewing. In practice, it is therefore safer to obtain the certificate before listing the property.

Can I order an energy performance certificate for an individual condominium?

The certificate is generally issued for the entire building. Condominium owners should first ask the property management company or the owners' association for a valid document. The situation may differ only for sections of a building that must legally be treated separately.

Do I have to obtain a new energy performance certificate immediately after installing a new heating system?

Not every individual modernisation measure automatically triggers a requirement to issue a new certificate. However, in the case of extensive alterations and an overall energy performance calculation for the building, a new energy demand certificate may be required. This should be assessed by a specialist based on the specific measure.

Can the energy performance certificate predict future heating costs?

No. It provides an approximate assessment of the building's energy performance but cannot reliably account for personal usage patterns or future energy prices. Buyers should also check the condition of the heating system, renovations, bills and potential modernisation measures.

Topics: energy performance certificate, energy demand certificate, energy consumption certificate, property sale Eifel, building energy performance, fine, property listing, GModG

Responsible for this article: Joé Christian Ewrard — Owner & IHK Real Estate Agent, PRIOCASA Immobilien & Finanzservice. As of: 08.10.2026. The draft was created with the assistance of artificial intelligence and was reviewed and approved before publication (AI Transparency). This post does not replace legal or tax advice; for individual questions, please contact a notary, lawyer, or tax advisor.

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