Germany: the energy certificate, when it is mandatory and which one fits

What the energy certificate is for

The energy certificate gives information on the energy characteristics of a building and is meant to allow a rough comparison of buildings (§ 79 para. 1). It is issued for a whole building, not for a single flat, and is valid for ten years (§ 79 paras. 2 and 3). It becomes invalid earlier if a new one is needed after changes to the building. The rules do not apply to small buildings; for listed buildings the duty on sale and letting does not apply (§ 79 para. 4).

When it is mandatory

An energy certificate is needed by whoever builds a building, whoever changes it so that the whole building must be recalculated, and whoever sells a built plot, a condominium or a heritable building right, or lets, leases or hires out a building, a flat or another unit of use. On a sale and on letting, an existing valid certificate is enough (§ 80 paras. 1 to 3 and 5).

Demand certificate or consumption certificate

The demand certificate is calculated from the building’s structural characteristics and technical systems; the consumption certificate from the actual energy consumption. For that, at least the bills of a continuous period of 36 months count, whose most recent billing period ended no more than 18 months ago; consumption is weather-adjusted (§ 82 paras. 3 and 4). For existing buildings you usually have the choice; it is even permitted to state both values (§ 79 para. 1).

An exception applies to residential buildings with fewer than five flats for which the building application was filed before November 1, 1977: here a demand certificate must be issued, unless the house already met the 1977 Thermal Insulation Ordinance when built or was later brought at least to that level (§ 80 para. 3).

What sellers and landlords must do

The seller or the agent must show the energy certificate to the potential buyer at the viewing at the latest; a clearly visible notice or leaving it out is enough. If there is no viewing, he must show it without delay, and immediately on request. After the purchase contract he hands it to the buyer without delay (§ 80 para. 4). The same applies to landlords, lessors and leasing providers (para. 5).

When a residential building with at most two flats is sold, the buyer must have an informative advice session on the energy certificate after the handover, if it is offered free of charge as a separate service.

What belongs in the ad

If the certificate exists when you advertise in a commercial medium, the ad must contain certain details (§ 87 para. 1): the type of certificate (demand or consumption), the value of the final energy demand or consumption, the main energy sources of the heating and, for residential buildings, year of construction and energy efficiency class. For non-residential buildings, heat and electricity are listed separately (para. 2).

Who may issue it

Not everyone may issue an energy certificate. Entitled are, among others, people with a university degree in architecture, civil engineering, building services engineering or related subjects, master craftspeople in the building, finishing or plant engineering trades and state-certified technicians, each with a focus, training or work experience in energy-saving building, and people with the BAFA energy advice qualification exam (§ 88). Whoever issues a certificate without entitlement commits an administrative offense.

Fine and what is new in 2027

Whoever does not show or hand over the certificate, does not do so correctly or in time, leaves out the mandatory details in the ad or issues a certificate without entitlement can be fined up to €10,000 (§ 108 para. 1 nos. 17 to 22 and para. 2).

From January 1, 2027 new rules apply (Article 2 of the amending act of July 23, 2026): the energy certificate must then be issued digitally in a machine-readable format, and on request also on paper, and the mandatory details in the ad change: among others, the issue date and the annual primary energy demand are then named.