Amendment to Act No. 406/2000 Coll., on Energy Management: Extension of the Obligation to Obtain an Energy Certificate of the Building
Monday, 29 July 2013 08:31

The amendment to the Energy Management Act, effective as of 1 January 2013, introduces, as of the same date, the obligation of a builder, building owner or, if applicable, association of unit owners to arrange for the issuance of a certificate of the building energy demands (hereinafter the “Certificate”) with respect to all new buildings and large-scale modifications of buildings with the total energy-relevant area exceeding 50 m2. An exception applies to buildings intended for family recreation and some other buildings with a special purpose of use.

Furthermore, the amendment introduces the obligation of the building owner or, if applicable, association of unit owners, to arrange for the issuance of the Certificated in the case of sale of the building or its compact part or in the case of leasing the entire building (in the case of leasing a compact part of the building, this obligation will start to apply as of 1 January 2016). In connection with this obligation, the owner / association of unit owners will be obliged to ensure that the energy demand indicator is specified in the information and advertising materials in the case of sale or lease of the building or its compact part and to submit the Certificate or its verified copy to the potential buyer no later than prior to the execution of the purchase contract or to the potential lessee prior to the execution of the lease agreement. Upon the contract execution, the owner or association of unit owners is obliged to deliver the Certificate or its verified copy to the buyer or lessee, as the case may be. Similar obligations apply to the owner of a residential unit in the case of its sale (and starting from 1 January 2016 also in the case of its lease). However, the above obligations do not apply to buildings with the total energy-relevant area of less than 50 m2, buildings intended for family recreation and some other buildings with a special purpose of use.

The Certificate will continue to be valid for a period of 10 years starting from the date of its issuance or until the performance of a large-scale modification of the building, it being stipulated that the Certificate may only be issued by a competent energy specialist. Irrespective of the final wording of the implementation decree being prepared in connection with the aforementioned amendment to Act No. 406/2000 Coll., the Certificates issued pursuant to the current laws will continue to be valid. A Certificate issued with respect to a certain building will also be usable for a compact part of the building or for individual residential units within the building.

A failure to fulfil these obligations by a natural person will be classified as an offence with a possibility of imposing a sanction in the form of a fine up to CZK 100 000. A failure to fulfil any of the above obligations by a legal entity or a natural person – entrepreneur will be classified as an administrative offence where the fine may amount up to CZK 200 000.

 

Advokátní kancelář

Advokátní kancelář KVAPIL & ŠULC sídlí na Národní třídě v Praze 1 a poskytuje právní služby společnostem i ostatním právnickým a fyzickým osobám. Advokátní kancelář zajišťuje svým klientům poradenství ve všech právních odvětvích, zejména se však specializuje na poskytování služeb v oblastech obchodního a občanského práva. Díky znalostem a zkušenostem jednotlivých členů a spolupracovníků kancelář rovněž nabízí poradenství v oblasti evropského práva a práva mezinárodního obchodu.