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1 January 2008: Energy performance certificate compulsory
Since 1 January 2008, sellers and landlords must provide an energy performance certificate (EPC) to prospective buyers or tenants when building, selling or letting a building or a part thereof. An EPC provides insight into the energy volume considered adequate for energy needs at standardized use.
EPCs are valid for 10 years and comprise two pages. The first page states, among other things, the Energy Efficiency Rating. This is done in the same way as certificates for washing machines, on a scale of A - G. The second page includes several possible energy-saving measures. The certificate is issued by a consultant working at a company that possesses a valid process certificate.
Certified companies are registered at www.kbi.nl/zoek-een-certificaathouder .
As to apartment buildings: at the sale or letting of one of the apartments a certificate is required that pertains solely to that specific part of the building.
This would be otherwise only if the building houses a common heating system. If so, a certificate for the building as a whole will suffice.
Upon the sale or letting of an apartment, a copy of this general certificate can be provided.
A copy of the EPC must be handed to the buyer at the execution of the contract of sale.
Upon conveyance, the original certificate must be provided.
This would not apply to contracts of sale made before 1 January 2008, even if actual conveyance is effected after 1 January 2008.
As regards buildings for which an energy performance statement was issued between 1 July 2002 and 1 January 2008, no obligation of certification exists; providing a copy of the statement will do.
Housing corporations that obtain an EPC for all buildings they own will not have comply until 1 January 2009.
No sanctions in terms of administrative or criminal law will be imposed on non-compliance with this obligation of certification.
For more information, please contact Ingrid Juffermans, Notarial Practice.
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