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New regulations on energy performance certificates for buildings and premises

12 May 2023

As of April 28, 2023, revised regulations on energy performance certificates for buildings and premises are in effect. The new regulations result from the Law of October 7, 2022 on amending the Law on Energy Performance of Buildings and the Law - Construction Law (hereinafter: the amendment).

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Obligation to obtain an energy performance certificate

The basic obligations for energy performance certificates were already contained in the previous legislation. The owner or manager of a building or part thereof (as well as a person who has a cooperative right to premises) - shall ensure the preparation of an energy performance certificate for the building or part thereof in the event of its sale or lease. In addition, the owner or manager of a building, the area of which occupied by the judiciary, prosecutor's office or public administration bodies exceeds 250 m2 and where customer service is performed, is obliged to provide such a certificate and place it in a conspicuous place. 

Changes with respect to earlier regulations

Sanction for violation of the Act

The owner or manager is required to provide the energy performance certificate at the time of drawing up the notarial deed and also to provide the tenant with a copy of the certificate at the conclusion of the lease. According to the amendment, the buyer or tenant cannot waive the right to receive them.  The amendment introduces a fine for failure to comply with the above obligation. The law does not regulate the amount of this fine, but refers to the provisions on misdemeanors, so the fine is a maximum of PLN 5,000. In the case of a sale, the notary shall note in the notarial deed the transfer of the certificate or instruct on the obligation to pay the fine. However, the provisions authorizing the buyer or tenant to order the preparation of an energy performance certificate at the expense of the seller or landlord have been repealed. 

Certificate required for building commissioning

In the case of construction completion, after the amendment, it is mandatory to attach a copy of the energy performance certificate to the notice of construction completion or application for an occupancy permit.

Wider scope of information to be announced

After the amendment, if an energy performance certificate has been drawn up for a building, advertisements for the sale or lease of a property must include more detailed information derived from the content of the certificate: the ratios of annual demand for usable energy, final energy, non-renewable primary energy, the share of renewable energy sources in annual final energy demand, and the unit CO2 emissions.
Increasing the competence of the Central Register of Energy Performance of Buildings. 

The amendment contains provisions that are intended to eliminate the so-called "quasi-certificate" trade. Under the previous law, there were cases of ordering certificates without actually examining the technical condition of the real property. Currently, an energy performance certificate can only be drawn up by a person listed in the Central Register of Energy Performance of Buildings maintained by the Ministry of Development and Technology at: https://rejestrcheb.mrit.gov.pl/rejestr-uprawnionych. In addition, the authorized person who prepares the document is required to declare that the certificate was generated from the Central Register of Energy Performance of Buildings under pain of criminal liability.

Also, the information contained in the energy performance certificate is in a publicly available register. 

Do I always have to have an energy performance certificate

Energy performance certificate obligations apply to buildings regardless of their date of construction. However, the provisions of the law lead to the conclusion that the requirement for an energy performance certificate does not automatically apply to all existing buildings if there is no contract for their sale or lease. The obligation is extended if a building with a large area houses public administration offices and provides services to the public. In contrast, according to the Ministry of Development and Technology, an energy performance certificate is not and will not be required if you use an existing building or premises for your own use. On a case-by-case basis, clarifying the requirement to have or provide an energy performance certificate may require additional analysis.

Further Reading