Are you puzzled by the increasing popularity of energy audits lately? Do you want to know what they entail and who they concern? We have put together the most important information on creating an energy performance certificate, so you can quickly find the questions to answer.
Energy audit
An energy audit, otherwise known as a thermo-modernisation or thermal audit, is an analysis and assessment of the current state of energy generation in a building, its use in a given facility and an indication of areas for possible optimisation. It takes into account parameters such as the heating system, the hot water heating system, insulation of partitions (walls, roof), tightness of windows and doors.
Benefits of carrying out a thermomodernisation audit
The greatest benefit, and also the motivation to carry out an audit, is the possibility of applying for a grant for modernisation of the building, e.g. from the Clean Air Programme. An audit allows you to apply for thermomodernisation, renovation or compensation bonuses.
The conclusions of the audit allow you to:
– Identify the current thermal efficiency of the building and the costs associated with it
– Identify areas where energy consumption can be reduced
– Estimate the costs of carrying out thermomodernisation measures
– Estimate the benefits (savings) from carrying out the thermal upgrading.
Who should commission an energy audit and how often?
Conducting an energy audit is mandatory for large enterprises, understood according to the law of 06.03.2018 as those which, in the last two financial years:
- had an annual average of at least 250 employees or
- achieved an annual net turnover from the sale of goods, products and services and financial operations exceeding the PLN equivalent of EUR 50 million and the total assets of its balance sheet drawn up at the end of one of these years exceeded the PLN equivalent of EUR 43 million
These entities are subject to the obligation to perform an audit every 4 years. Companies that fail to perform a thermal audit face the possibility of a sanction of up to 5% of the previous year’s revenue.
Who carries out an energy audit?
An energy audit should be carried out by an authorised auditor. A list of such professionals can be found on the website of the Association of Energy Auditors.
Energy performance certificate – who needs a certificate? How to obtain it?
Amendment of the Act
The obligation to draw up an energy performance certificate for a building results from the amendment of the Act of 29 August 2014 on the energy performance of buildings. It came into force on 28.04.2023 and is now required for all property sales and rentals.
Do I also need a certificate?
If you are wondering whether you too need an energy performance certificate, the answer is easy to find. The regulations apply to people who:
- Want to sell a property (flat, house, premises)
- Rent out the property to others
- Are an investor in the construction of a building and:
- prepare a notice of completion of construction of a building (obligation from 28.04.2023)
- apply for an occupancy permit (obligation from 28.04.2023)
- houses up to 70 m2 built for own residential purposes are excluded from the above.
The Act therefore applies to people who own properties that are planned to be sold or rented to someone. As a tenant you do not need a certificate, this must be dealt with by the landlord. The obligation to audit and have the relevant documentation is linked to the ownership of the premises.
In addition, the obligation to display the certificate in a visible place applies to buildings
- with a floor area of more than 250 m2, occupied by the judicial authorities, the public prosecutor’s office, public administration bodies and where services are provided to the public,
- with a floor area over 500 m2 where services are provided to the public (e.g. shopping malls, stations, etc.), where a certificate has already been drawn up.
Who doesn’t need a certificate
The document is not needed by people who use the property for their own use and the building is not under construction or extension. If they want to sell or rent it in the future, then – according to current legislation – they will need to obtain a certificate.
Who can request a certificate?
The certificate is drawn up on behalf of others depending on the situation:
- in the case of sale or lease: commissioned by the owner or manager of the building,
- in case of sale or lease of co-operative ownership right to premises: by the person who has the right,
- in the case of a lease of premises: by the holder of a cooperative tenancy right,
- before submitting the notice of completion of construction of a building or the application for an occupancy permit: by the investor.
Who creates the energy performance certificate?
The certificate is drawn up by authorised persons who:
- Have full legal capacity,
- Have a clean criminal record (have not been convicted of any of the following offences: against property, credibility of documents, economic turnover, money and securities trading, or a tax offence).
- And meet one of the following conditions:
- have a construction licence
- have completed
- higher education studies leading to the award of the professional title of an engineer (e.g. architect, landscape architect, fire engineer) or MSc engineer (master of engineering in architecture, in landscape architecture, etc.)
- a university degree other than those listed above and, in addition, a postgraduate course in which the curriculum includes issues related to the energy performance of buildings, the performance of energy audits for buildings, energy-efficient construction and renewable energy sources.
Persons authorised to draw up certificates are entered in the central register of energy performance of buildings, which is kept by the Minister of Development and Technology. In the register, we can check the name of the authorised person, the number and date of entry in the register and the number of the building authorisation, if any.
Energy performance certificate for a building or part of a building
We prepare a certificate of the energy performance of a building when the sale or lease concerns the whole building. A certificate for a part of a building shall be drawn up where the sale or lease concerns, for example, a single unit, i.e. just a part of the building.
Validity of the certificate
An energy performance certificate remains valid for 10 years from the moment of its issue. However, if during this period, work is carried out that affects the energy performance of the building or part of the building (construction and installation work, replacement of windows, insulation of the building, etc.), the document is no longer valid! Once all modifications have been completed, the certificate must be obtained again.
In what form can I obtain a certificate?
You can obtain the certificate in written form or, from 28.04.2023, electronically. When selling the property, the owner is obliged to hand over the certificate to the new owner and this fact should be recorded in the notarial deed. Failure to comply with this obligation entails a fine for the seller.
Regardless of the form of the document, the number given in the central register of energy performance of buildings will appear on it. The electronic and paper versions differ in the type of signature. In the case of a paper certificate, the document is certified with the personal signature of the authorised person, while an electronic document requires a qualified electronic or trusted signature of the authorised person.
