There were massive home checks. For the deficiency of this 1 document, PLN 5000 is punishable

Home and housing owners across Poland must prepare for increased inspections. Officials check to have a key document, and its absence may consequence in a severe fine of up to PLN 5000. We are talking about an energy performance certificate that has late become mandatory in many situations. The fresh regulations that entered into force are aimed at raising awareness of the energy consumption of buildings, but for many Poles they mean completing formalities. Ignoring this work is costly due to the fact that the checks are already ongoing and their intent is to verify whether the property owners comply with the updated law. Who precisely must have this document, how to get it and what to do to avoid financial consequences? It is crucial to realize that it is not about carrying a paper with you, but about presenting it at specific, key moments, specified as selling or renting a place.

Energy certificate – who is the fresh obligation?

The work to hold an energy performance certificate does not apply to each owner of the property, but the group is very broad. First of all, this paper is absolutely essential for sale or hire a home, flat or utility. The seller or the renter shall have a legal work to forward the certificate to the buyer or tenant at the latest at the time of conclusion of the contract. Importantly, this fact is noted by the notary in the notarial act. If the seller fails to deliver the document, the notary is obliged to instruct him of the criminal offence. The deficiency of a certificate does not block the transaction itself, but exposes the owner to financial liability.

Another group covered by the work is the owners of all buildings built after 2009. In their case, the certificate is part of the building's reception documentation. However, there is simply a crucial exception to this rule. If the home or flat is utilized solely for its own usage and the owner does not plan to sale or rent it, he does not gotta draw up a certificate for this moment. The work will not arise until it decides to marketplace the property. In practice, this means that millions of Poles who do not plan any transactions can sleep peacefully, but must remember this request in the future.

Why is this paper so important? It's not just a legal requirement.

The energy certificate is more than just another bureaucratic requirement. This is simply a circumstantial energy metric of a building that provides key information about its energy demand. The paper specifies how much energy is needed for heating, hot water preparation, ventilation and air conditioning. Thanks to him, possible the buyer or tenant can estimation future accounts for the media, which is becoming an increasingly crucial origin in deciding whether to buy or rent. For the owner, having a certificate with good parameters becomes an crucial negotiating argument and can rise the marketplace value of the property. According to the law, the sale or rental notices should include key indicators from the certificate, specified as the utility energy request (EU), final (EK) and primary (EP).

Energy certificate is valid for 10 years from the date of its preparation. However, this time limit may be reduced. If crucial modernisation works are carried out in the building, which will affect its energy characteristics – for example, the insulation of walls, the replacement of windows or changing the heat origin – the paper is invalid. In this case, the owner is obliged to draw up a fresh updated certificate. The cost of producing the paper is not excessive, given the possible penalties. In the case of an apartment, this is the expenditure of the order 300-500 zł, whereas for a single household home costs vary within the limits 400-700 zł, depending on the location and complexity of the building.

The controls have moved. What are the deadlines and what do officials check?

From April 28, 2023 There is simply a strategy of periodic inspections of heating and air conditioning systems in buildings throughout Poland, which is straight linked to enforcement of energy certificates. The frequency of the inspection depends on the kind and power of the heat source, which means that owners can anticipate visits by controllers at different dates. The control agenda is as follows:

• Boilers from 20 kW to 100 kW — control at least every 5 years.
• Liquid or solid fuel boilers with a power exceeding 100 kW — control at least once all 2 years.
• Gas boilers with a power exceeding 100 kW — control at least once all 4 years.
• Refrigerating air conditioning systems above 12 kW — control at least every 5 years.
• Available parts of heating systems or combined heating and ventilation systems with a power exceeding 70 kW — control at least once all 3 years.

Each check shall end with a protocol drawn up in a peculiar electronic strategy and its recording in Central registry of Building Energy Characteristics (CRCEB). The property owner or manager is obliged to keep these protocols throughout the life of the facility. It is within these inspections that the deficiency of the required energy certificate for rental or sales transactions may become apparent, leading to the initiation of an infringement procedure.

A punishment of up to PLN 5000 is not all. How do you legally get a certificate?

The most serious consequence of the deficiency of an energy certificate erstwhile selling or renting is simply a fine. The ruling on this case shall be based on the provisions of the Code of Conduct in criminal matters and its amount may scope up to 5000 PLN. This is the maximum rate and the final amount depends on individual circumstances, but the financial hazard is crucial and disproportionate to the cost of producing the document. The process of obtaining a certificate is fortunately rather simple and can be closed in 3 steps.

First, you should find a individual qualified to produce specified documents. A list of certified auditors can be found in the official, state-run list maintained by the Ministry of improvement and Technology, available online in the CRCEB system. Secondly, contact the selected auditor and supply him with the essential method documentation of the building, specified as the construction project, information on insulation thickness, kind of windows or heating system. If the documentation is incomplete, the auditor may arrange for a local imagination for inventory. Third, after an examination of the data or inspection, the auditor shall draw up a certificate and transmit it in electronic form (with a qualified signature) or paper. The full process usually takes respective days to 2 weeks.