If you are about to buy, sell, or rent real estate, you may have come across that these transactions require the preparation of an energy certificate.
176/2008 on the certification of the energetic characteristics of buildings. (VI. 30.) Government decree regulates the mandatory cases of preparation of the energy certificate, as well as the exceptions (e.g. gifts of real estate).
The recording of the number of the energy certificate is not a formal requirement of the real estate sales contract or the rental contract, which simply means that the absence of the number does not result in the document being invalid. In the case of a rental agreement, this may be necessary if the tenant signs a unilateral declaration of commitment to move out or to pay the rent in front of a notary public.
For this reason, it may happen that, as the parties urge the conclusion of the legal transaction due to the retention of a good customer or tenant, the energy certificate is not ready for the signing of the contract, the parties agree that the certificate will be handed over at a later date.
The above case carries many risks, as all the technical characteristics of the property are revealed in detail from the energy certificate. In general, we look at real estate as laymen, relying on the information provided by the seller or even the real estate agent. However, the energy certificate records precise facts, such as, for example, what material the building's masonry is made of, which is not a negligible factor from the point of view of the property's value, stability of value, and in the case of taking out a loan, the assessment of the loan.
Our law office acts carefully in connection with all real estate transactions, please feel free to contact us.
