Apartment rent and energy labels

JUDr. Ondřej Preuss, Ph.D.
19. April 2024
6 minutes of reading
6 minutes of reading
Real Estate

We are still frequently asked 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 have advised him that he doesn’t have to and in this article we look at how it really is with energy labels.

What the energy label says

The energy label, or energy performance certificate, determines how much energy a house or flat uses in normal operation. This is normal day-to-day operation which includes heating, cooling and associated heat or cold loss, ventilation, humidity, water heating and lighting.

The energy performance of buildings ranges on a scale from A to G, with A being the best energy efficiency, i.e. the lowest energy consumption, and G the lowest energy efficiency, i.e. the highest energy consumption. Newly built houses must be on the A or B scale. The specific numbers are determined as follows:

  • A – extremely efficient (≤ 50 [43] kWh/m²),
  • B – very efficient (≤ 97 [82] kWh/m²),
  • C – economical (≤ 142 [120] kWh/m²),
  • D – less efficient (≤ 191 [162] kWh/m²),
  • E – uneconomic (≤ 246 [205] kWh/m²),
  • F – very wasteful (≤ 286 [245] kWh/m²),
  • G – extremely wasteful (> 286 [245] kWh/m²).
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What rules apply to energy performance certificates

What is the general situation with the obligation to provide an energy label for a building? Property owners should provide their buildings with an energy performance certificate, called an energy label. This has, among other things, a positive impact, especially for well-designed and insulated properties. It can increase the credibility of the seller or landlord and indirectly increase the value of the property. After all, you will probably want to rent or buy a property that is energy efficient and costs as little money as possible to run. Especially when you consider today’s energy prices.

Tip na článek

Tip: Read our other article where we discuss how home sales and energy labels work.

Who must have an energy label

Today, however, there are still concerns about “labelling”. So who should have the card? Does the lease contract have to mention it? Energy labels must be provided by anyone who builds or significantly renovates a building. In the case of house construction, the energy label must be directly included in the project documentation. For renovations, it is required if the renovation will change the energy performance or if it is a major renovation affecting more than 25 percent of the total building. In addition, properties that are sold or rented, office buildings and buildings used by public authorities must also have an energy label.

If you are obliged to have an energy label but do not have one, this can mean problems for you, for example, in the form of a fine of up to CZK 100,000, or CZK 200, 000 in the case of condominiums or apartment building owners.

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Tip: Do you need a lawyer for your HOA or housing cooperative? We offer long-term cooperation and certainty of solving every legal problem.

Energy label and rent

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

How do I get the label?

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

Mr. Zdeněk did not need the label, as his house was from the 1930s. But are you all right?

If you are renting out a house, then you must have an energy label made yourself. It will be issued by certified energy professionals who have the necessary accreditation and authorisation from the Ministry of Industry and Trade. You can find a list of them on the MIT website. In order for them to issue the label, you will need to provide documents that relate to your property. These include:

  • Project documentation.
  • Information about the use of the building.
  • A report on the condition and level of the building’s technical installations.
  • Floor plans of each floor with room labels.
  • Information on the orientation of the building in relation to cardinal points.
  • Building section and other relevant data.
Tip na článek

Tip: If you are going to rent out your property you should be aware of the potential risks. Read our article for advice on how to rent an apartment safely from a landlord’s point of view.

Exceptions

As mentioned above, the energy label is mandatory in the case of renting. However, there are many exceptions to this rule. Therefore, an energy performance certificate is not required if:

  • Abuilding built before 1947 that 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.
  • Abuilding for family recreation (e.g. cottages, if used only part of the year and whose estimated energy consumption is less than 25 % of the annual energy consumption for year-round use).
  • Listed building.
  • An industrial or agricultural building with an annual consumption of up to 700 GJ.
  • A building used for worship and religious purposes.

What if you rent through an intermediary?

If the lease is entered into through an intermediary (typically an estate agent), the tenant must hand over the graphic part of the licence. It is also mandatory for the intermediary selling or even renting the flat to indicate the classification class in the advertisement.

Tip na článek

Tip: Are you about to sell a property and have chosen a real estate agent for this purpose? Read our article on mediation of the sale of real estate and the mediation contract. You will learn what the commission is actually paid for and what to look out for when choosing a real estate agent.

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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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