Letting
Selling guide
Energy performance certificate and mandatory information
If an energy performance certificate is available, § 87 GModG (Building Modernisation Act) requires five details in the ad for a flat or a house: the type of certificate, the energy performance value, the main heating energy source, the year of construction and the energy efficiency class. For commercial space (non-residential buildings), year of construction and efficiency class do not apply; heat and electricity values must be stated separately (§ 87 para. 2 GModG). If one of them is missing, this may be punished as an administrative offence with a fine of up to €10,000 if the detail is omitted intentionally or recklessly.
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Which details belong in the ad
Anyone offering a flat or a house must put five things in the ad. This is set out in § 87 of the Building Modernisation Act (GModG, formerly GEG, the Building Energy Act). It applies as soon as an energy performance certificate exists. The energy performance certificate is the document that shows how much energy the building uses.
- The type of certificate: demand-based or consumption-based. The difference is explained in the next section.
- The energy performance value, i.e. the figure that tells you how much energy the building needs per square metre per year. The certificate gives it in kilowatt hours.
- The heating source, for example gas, district heating or oil.
- The year of construction of the building, as stated in the certificate.
- The energy efficiency class. This is the letter from A+ to H that classifies this value. Some older certificates do not have one.
The obligation applies as soon as a certificate exists. Simply not having one made does not help: you must show it at the viewing at the latest, and in a sale it goes to the buyer.
Demand-based or consumption-based certificate
There are two types, and they measure different things. The demand-based certificate calculates what the building needs. The consumption-based certificate shows what the occupants actually used.
| Feature | Demand-based certificate | Consumption-based certificate |
|---|---|---|
| What it is based on | Calculation based on the building: insulation, windows, heating | actual consumption figures for the last three years |
| What shifts the figure | Condition of the building and the heating | how the occupants heat, vacancy, the weather |
| What it is good for | can be compared with other buildings | varies widely depending on who lives there |
| Cost | higher, someone has to survey the building | lower |
Whether you may choose or must use the demand-based certificate depends on three things: the year of construction, the number of flats and what has already been renovated in the building.
For buyers, the difference is worth real money. A low consumption figure may simply mean that the previous tenants heated sparingly or that the flat stood empty for a while. Your own heating bill will then look different. The demand-based certificate, by contrast, describes the building itself.
Showing and handing over the certificate
Besides the ad, there are two further obligations. The first: you show the certificate at the viewing at the latest, without anyone having to ask for it. If there is no viewing, you show it as soon as an interested party asks for it, and without delay.
The second: after signing at the notary, the buyer receives the certificate, either the original or a copy. This is not a matter of good manners, it is the law.
Responsibility lies with the seller, or with the landlord when letting. Whoever places the ad is also personally liable. That is why no reputable agent advertises a property while the energy data are missing.
What a breach costs
If one of the mandatory details is missing, this is an administrative offence under § 108 para. 1 no. 21 GModG if the advertiser omits the detail intentionally or recklessly. An administrative offence means no criminal proceedings, but a fine. It can amount to up to €10,000 (§ 108 para. 2 no. 2 GModG). Only one fine is imposed for the same ad, even if several details are missing (§ 19 OWiG).
On top of that, there is trouble with competitors. In practice, competition-law warnings also occur: other agents or associations may send you a formal cease-and-desist letter (Abmahnung), demanding in writing that you stop and charging you their lawyers' fees. As a rule, that bill is many times what an energy performance certificate costs.
An energy performance certificate is valid for ten years. Check early whether yours is still valid. Depending on the type, a new one takes from a few days to several weeks. A sale rarely fails because of the certificate, but it is often delayed by it.
Why energy performance has become a price factor
Since loans started costing interest again, buyers calculate more carefully. A high consumption figure no longer leads to a vague discount in their heads. The buyer gets a quote for new windows and puts it on the table.
This has a consequence for you as the seller. Disclose the energy data from the outset. Anyone who only provides it later negotiates from a weaker position, because poor figures that come late look like a concealed defect. Legally, they are not. At the negotiating table, the impression counts all the same. How much the energy condition moves the price of your property is something we clarify in the free property valuation.
How this affects prices on the Berlin market is covered in our housing market report.
Legal note. On 29 July 2026, the Building Energy Act (GEG) was replaced by the Building Modernisation Act (GModG); the sections cited here continue to apply with unchanged numbering and unchanged wording.
This article reflects the position as of 29 July 2026 and is intended as initial guidance. It does not replace legal or tax advice in individual cases. As estate agents, we may not and do not wish to provide legal advice.
For binding information, please consult a lawyer or a tax adviser.
Sources
- § 87 Building Modernisation Act (GModG), mandatory information in property advertisements
- § 80 GModG (Building Modernisation Act), issue and use of energy performance certificates
- § 108 GModG (Building Modernisation Act), provisions on fines
- §§ 81, 82 GModG (Building Modernisation Act), demand-based and consumption-based energy certificates
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Frequently asked questions
Energy performance certificate: frequently asked questions.
Answers as of 29 July 2026
Do I need an energy performance certificate if I sell privately?
Yes. The obligation falls on you as the seller, with or without an agent. If you advertise yourself, you put the same five details in the ad and show the certificate at the viewing.
Are there buildings that do not need a certificate?
Yes. The law lists exceptions, for example for certain listed buildings and for very small buildings. Have someone check in advance whether your house is one of them, and only then go without the certificate.
What if the certificate does not show an energy efficiency class?
Some older certificates do not give a letter. You state what the certificate says. If the class really is missing there, you cannot state it either. Newer certificates almost always have it, and then it must go in the ad.
How long is an energy performance certificate valid?
Ten years from the day it was issued. After that, you need a new one to sell or re-let. Check the date early so that the sale does not get held up by it.
Documents incomplete?
Before marketing starts, we tell you what is missing and obtain it if you wish.