From 01/01/2021 every property advertised in an ad or realtor's website must now carry the energy class.
The Ministry of Environment and Energy issued a detailed circular with data DEPEA/111748/705/19.11.2020 and subject "Clarifications for the implementation of Law 4122/2013 on the Energy Performance of Buildings", which analyzes the new rules in relation to the Energy Performance of the Buildings, in terms of the Minimum energy efficiency requirements, the Energy Performance Certificate (PEA), the Energy Performance Study (EEA), the information of tenants - buyers, but also the obligations of brokers, advertisers, the press and property owners for each advertising entry, which will be effective from 1.1.2021.
According to information from POMIDA, the provisions of this new decision are as follows:
1. Advertisements - brokerage services. From January 1, 2021, every building or building unit available for sale or lease is required to already have a PEA so that the energy efficiency index (energy class) is declared in all commercial advertisements and listings, i.e. in every advertisement in the press or in electronic means, as in every post - reference to real estate agencies, the energy category of the building is clearly stated so that the energy classification of the property is a key comparative element for the formation of the choice of the interested buyer / tenant. Brokerage offices can undertake a brokerage mandate on the condition that before any advertising and listing (press, internet, even in posts and directories at their headquarters) they will have the details of a valid PEA. Advertisers, newspapers and online classifieds pages will not accept ads for publication that do not have an energy class statement.
2. Minimum Energy Performance Requirements for New Buildings (articles 4 & 6). All new buildings or building units must meet the minimum energy efficiency requirements as defined in KENAK and specified in TOTEE 20701-1/2017 "Detailed national parameter specifications for the calculation of the energy efficiency of buildings and the issuance of the energy efficiency certificate" and in particular in chapter 7 thereof. The following categories of buildings are excluded:
a) buildings protected as part of a specific environment or because of their particular architectural or historical value, to the extent that compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance. The "monuments", in the sense of Law 3028/2002 "For the protection of Antiquities and in general the Cultural Heritage." (A 153) fall into this category.
b) buildings used as places of worship. It concerns exclusively buildings or building units that have a legal urban planning use of a place of worship (known & recognized religion) regardless of ownership status. Buildings or building units used by religious organizations as dormitories, offices, schools, etc. do not fall under this category of exceptions.
c) industrial and craft facilities, professional workshops with important electro-mechanical equipment and warehouses – Logistics, factories, maintenance and repair workshops for cars – motorcycles – mopeds, paint shops, carpentry, research and training laboratories, food preparation plants, dry cleaners, ironing shops, organized laundries and independent computerization centers.
d) buildings of temporary use, agricultural uses - except for residences - and agricultural buildings - except for residences - construction site huts, constructions for periodical - seasonal exhibitions.
e) individual buildings, with a total usable area of less than fifty square meters (50 sq.m.), for which only the minimum requirements relating to structural elements of the building envelope apply.
g) Cases of properties which are not “structural projects” from the point of view of urban planning use, such as open or closed parking areas and car washes, pavilions, open-air theaters & concert spaces, mobile or towed caravans, livestock-poultry units, stables, slaughterhouses, etc. .
3. All existing buildings or building units subject to radical renovation must meet the minimum energy efficiency requirements, as described in the circular and the law.
4. In new buildings or building units, it is mandatory to cover part (60%) of the DHW (hot water for use) needs by solar thermal systems.
5. Energy Performance Certificate (PEA). It depicts the energy rating of a building or building unit to allow owners or tenants of the building or building unit to compare and evaluate its energy performance. The PEA is valid for 10 years from its issuance.
6. Obligation to issue PEA (Article 12) exists:
a) after the completion of the construction of a new building or building unit and it concerns buildings with a building permit that fall under the provisions of KENAK (permits issued after the start of application of KENAK 2010 and fall under its provisions),
b) after the completion of a radical renovation of a building or building unit,
c) during the sale of a building or building unit, until the activation of the Building Identity,
d) during the lease (long-term, short-term, sublease) to a new tenant of a building or building unit, until the activation of the Building Identity,
e) for buildings with a total area of more than two hundred and fifty square meters (250 sq.m.), which are used by services of the public and wider public sector, as defined each time, and which are frequently visited by the public. Belonging to this category concerns any service that is open to the public such as the administrative services of the OTAs, school complexes, ministries.
7. Exemptions from the obligation to issue a PEA (article 12, par. 6 & 7). Buildings used as places of worship and individual buildings with a total usable area of less than fifty square meters (50 sq.m.) are exempt from the obligation to issue a PEA (cases b and e of par. 7 of article 4 of the a) , however, the issuance of PEA is possible if their owner so wishes. It is not allowed to issue a PEA for the cases we mentioned in paragraph 1 hereof.
8. It is mandatory to inform new buyers or tenants about the building's energy classification through the PEA. During the process of the sale or any kind of leasing of buildings or building units, the owner or lessor shows the PEA or a copy of it to the prospective new buyer or tenant before drawing up the lease or sale contract and its copy is delivered to the new buyer or tenant on sale or lease. The obligation to inform him already applies from 9.1.2011 for the new lease of buildings and from 9.7.2011 for the new lease of building units.
The existence of the PEA during the lease (long-term, short-term, sublease) is confirmed by registering its details in the corresponding AADE online application.
The free concession is not a lease and the issuance of a PEA is not required (the relationship of the contracting parties is not considered). The granting or renting of part of a building unit does not require the issuance of a PEA since it is not possible to issue a PEA for part of a building unit (e.g. renting a bedroom in an apartment, or part of an apartment for the use of a business seat of a self-employed professional), therefore there is an obligation to have a valid PEA and registration of its data in the corresponding online application of AADE, if required by law, the issuance of PEA and it is a drawing up of a lease agreement for a new tenant who is moving into the lease for the first time.
Therefore, the above obligation does not exist:
– in case of renewal or extension of the lease agreement with the same tenant of this property.
– when for any reason the lease contract is transferred (e.g. business transformation).
However, if a PEA was not issued when the original contract was concluded, while it was required, then it is issued immediately and delivered to the lessee. Since there is no obligation to issue a PEA, it is clear that there is no obligation to register the PEA in the AADE applications, but it is required to state the reason for the exception (e.g. a building with a usable area of less than 50 sq.m.).
9. The PEA validity check is carried out based on the protocol number, the date of issue and the sixteen-digit security number, by entering these details in the relevant field "PEA Validity Check." of the Energy Inspection Archive.
10. Imposition of a fine: In the case of non-issuance of a PEA (while due), omission of pre-contractual information of the counterparty, advertising - brokerage without reference to the energy classification of the building unit/building and failure to register the details of the PEA in the AADE applications, it shall be imposed, according to Article 20 of Law 4122/2013, a fine of two hundred (200) to ten thousand (10,000) euros against the legally liable person.
What should property owners do?
With the amendment of the Ministry of the Interior, real estate agencies are obliged to obtain and check energy efficiency certificates. In the system there will be a unique code for each property and thus any interested party will be able to check that the certificate is actually linked to the respective ad.
Those owners who have an energy certificate can post the energy class in every advertisement and advertisement or declare it by giving a copy of the document to their broker. Those who do not have one should contact an energy inspector to obtain one.
What is the PEA cost?
The cost of PEA depends on many factors, such as whether there are plans. Citizens should be careful and contact only certified professionals.
For any question regarding the issuance of an ENERGY CERTIFICATE, do not hesitate to call our INVESTA Real Estate office for clarification. We will be happy to serve you.
INVESTA Real Estate
T. 2411104111
Kouma 1, Larissa
