What the EnEV 2014 means in practice
Until now, new construction projects have not needed to be built in compliance with the more stringent regulations. Developers have been uncertain about which Energy Saving Regulation applies to the respective construction project. In principle, the regulations are based on the date the planning permission application was lodged or granted.
If a planning permission application was lodged before 30.04.2014 and permission has already been granted, then the requirements of the Energy Saving Regulation 2009 apply. The same applies to planning permission applications that were not finally approved before 01 May 2014. If the planning permission application was not filed until after 01 May 2014, then the EnEV 2014 legislation automatically applies. The developer is, however, free to comply with the requirements of the more stringent EnEV 2014 and to use these as a basis for the construction project.
For planning permission applications or building notifications that do not take place until after 01 January 2016, the EnEV 2014 will essentially apply to existing buildings as well as the more stringent regulation in the case of new buildings.
Potential fines and certificates
The more stringent requirements of the Energy Saving Regulation concern in particular the guidelines for the Energy Performance Certificate. These must now be handed over to the tenant or buyer of a property as an original or copy. The procedure for advertising a property has also been changed. Whereas previously it was sufficient to state that an Energy Performance Certificate was available, in future, advertisements will have to include the respective parameters. The lessor or seller also has to make sure that the interested party is able to inspect the Energy Performance Certificate when viewing the property.
Infringements of the Energy Saving Regulation established within the context of inspections or non-observance of the obligation to specify details in property advertisements will result in penalty charges being imposed. Fines will be imposed on both lessors and owners if they do not comply with the obligation to hand over the Energy Performance Certificate. Depending on the severity of the infringement a fine of between 5,000.00 euros and 50,000.00 euros will be due.