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Apartment rent and energy labels

We are increasingly encountering questions about the so-called energy labels of buildings. For example, Mr. Zdeněk recently transferred a small house and was afraid that he would have to pay thousands or tens of thousands for “official paper”. We advised him that he did not have to.

2 minutes of reading

But what about the obligation to label buildings in general? How will this affect apartment rentals from the new year 2016?

Landlords should indeed provide their buildings with an energy performance certificate, called an energy label. This will have a positive impact over time, particularly for well-designed and insulated properties. It can increase the credibility of the seller or landlord and indirectly increase the value of the property.

Today, however, there are still concerns about the ‘label’. So who should get the card? Does the lease agreement have to mention it?

Energy labels must be provided by every landlord and now the landlord will also have this obligation and should be included in the lease in certain cases. However, there are many exceptions to this rule.

Therefore, an energy performance certificate is not required if:

    – a building built before 1947 which has not undergone any major renovation (e.g. insulation, new facade) since the time of approval.
    – a building with a total energy reference area of less than 50 m²,
    • – a building for family recreation (e.g. cottages, if used only part of the year and with an estimated

energy consumption

    is less than 25 % of the annual energy consumption when used all year round)
    – a listed building
    – an industrial or agricultural building with an annual consumption of up to 700 GJ
    – a building used for worship and religious purposes.

Real Estate Purchase or Sale

We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.

But what about the landlord’s obligation? Since 1 January 2016, if a tenancy agreement is concluded through an intermediary (typically an estate agent), the tenant must hand over the graphic part of the certificate. It is obligatory for the intermediary selling or renting the flat to indicate the classification class in the advertisement.

Owners of large houses and office buildings are therefore not required to obtain an energy performance certificate across the board. They do not need it until one of the units of the building (typically an apartment) is sold (or rented through an intermediary). Then the certificate is necessary.

How do I get a pass in a large house? The owner of the unit must write to the unit owners’ association requesting a certified copy of the building card. If they do not receive it even after a written request, they can replace the energy performance certificate with the last three years of energy bills, but before the owner can get the certificate, he or she must indicate the worst energy class G in any advertisements offering the apartment for sale.

In the end, Mr Zdeněk did not need the label as his house was from the 1930s. But do you have everything in order?

Are you solving a similar problem?

Dostupný advokát team of online lawyers will solve it for you.

Real Estate Purchase or Sale

We provide a complete package of services for both landlords and tenants. We will draft or review all lease/rental contracts, help with extension or termination of lease, and make sure everything takes place smoothly and without legal complications. You’re also welcome to pay after services are provided.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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