Since 1 January 2013, building owners have a new obligation. It is an obligation to provide for elaboration of the certificate of energetic exigency of the building (the “CEEB”), sometimes also incorrectly called the energetic label. The CEEB is to inform about energy consumption of the building and about the qualities and weaknesses of the building in terms of energy consumption.
CEEB is not an entire novelty. Previously, there was an obligation to have the CEEB made for newly constructed buildings or in case of major reconstructions. But newly, this obligation affects a wider range of owners (excluded are: buildings with area less than 50 m2, buildings for worship and religion purposes, buildings for family recreation (unless destined for permanent use) and buildings with operations with energy consumption lower than 700 GJ per year).
The obligation to have a CEEB made for newly constructed buildings or major changes of finished buildings remains. However, the essential change is that a building owner will have to provide for a CEEB even in case of sale or lease of the building. In case of lease of a compact part of a building (e.g. office), it will be necessary to provide for the CEEB only as of 2016. The CEEB should be presented to a buyer or tenant before signing the relevant agreement and handed over to them at signing at the latest. Information from the CEEB should be mentioned when advertising the building (or its part) for sale or lease.
Owners of flats or non-residential premises are newly obliged to present the CEEB and hand it over to the other party only in case of sale of the unit. In case of lease, this obligation will be introduced again as of 2016. Owners of units will use the CEEB for the whole building which they should obtain from the association of unit owners. If the association of unit owners does not provide the certificate, the owner of the unit can replace it by statements of account of electricity, gas and heat providers for the last 3 years. Unit owners can also have the CEEB made for their units at their own expense.
However, even building owners that are not planning to sell or lease their building will not be released from the obligation. Owners of blocks of flats or administration buildings should have the CEEB made by 2015, 2017 or 2019, depending on the total area of the building.
CEEB will be valid for 10 years from the date of its execution or until major reconstruction of the building and it will be necessary to have it prepared by relevant expert. Depending on the building area, the price offers for certificate elaboration differ from several thousand crowns in case of family houses to tens of thousands crowns in case of blocks of flats or administrative buildings.
Failure to comply with owner´s obligations during sale or lease will not lead to the invalidity of the relevant purchase or lease agreement. However, the buyer or the tenant could demand the handover of the CEEB or eventually claim incurred damage. The sanctions imposed by authorities that obviously care deeply for the awareness of the buyers and tenants about the energy exigency of buildings, will be more palpable. In case of breach of the above mentioned obligations, a penalty up to CZK 100,000 could be imposed to a natural person and up to CZK 200,000 to legal entities.