Certified without sanction

Although they have not been enforced yet, the current regulations for the energy evaluation of buildings are soon bound to become redundant anyway. This is because of another EU directive - 2010/31/EU. The revolution in regulations will probably take place at the beginning of 2013. The purpose of the law, the proposals for which are currently being prepared, is to improve the existing system and is supposed to take on board the experience gained over nearly three years of applying the current regulations. It will also introduce new requirements. From the end of 2020, energy consumption in all newly-constructed buildings should be almost zero. Moreover, buildings intended for public use have to fulfil this requirement by the end of 2018. And that is not all. The law under preparation will impose new duties on property owners. The legislator will have to ensure the monitoring of certificates and the obligatory enforcement of their transfer in the event of the sale of a whole or part of a building. "The purpose of the introduction of obligatory energy certificates is the promotion of energy-saving buildings and increasing social awareness in this respect. The certificates, however, should be presented more clearly, making it possible for apartment buyers to treat the certificate as a crucial factor when choosing their new home," argues Mariusz Kania, president of the management board of Metrohouse & Partners. He adds to this that there appear to be a lot of reservations about the quality of the certificates already available on the market. "It would be a good idea if the customer, when deciding to spend a few hundred thousand złoty, could access some reliable formulation. It is therefore necessary to exercise strict controls over those issuing energy certificates," says Mr Kania. It should be expected of the new regulations that they will put these demands into effect. Soon every regulation will be enforced by legal sanctions. A new, clearer system of evaluation of buildings will also be implemented (perhaps similar to those in place for household appliances). A requirement to include information on the energy efficiency of buildings in advertisements will also be introduced. In the case of buildings used by public authorities, the information on energy efficiency has to be provided in a visible area.

New regulations also mean changes in the labour market. The directive requires a decree containing detailed regulations on improving the qualifications of people licensed to issue the certificates. Furthermore, such persons will have to hold obligatory third-party liability insurance.

The certificates will remain valid for ten years, but can expire earlier, however, if obvious and gross errors have been found in them. The purpose of this regulation is to eliminate cheap certificates that can be obtained, for example, via the internet, which, unfortunately, can be done at the moment.

Another novelty will be a central database which is to contain a list of people entitled to issue the certificates and a register of buildings used by public authorities, including the characteristics of the buildings. The new regulations will come into force in January 2013.

Green and grey reality
And what is the situation like today? The obligations of EU member states stipulated in the directive 2002/91/EU on the energy efficiency of buildings were introduced into Polish law by amendments in the construction law in January 2009. It turned out, however, that the following year the European Parliament issued another directive. This is why the new law is indispensable.
The current regulations, at the time, were intended to revolutionise the property market. Energy certificates have already been issued on the primary residential market. This has not been done, however, on the secondary property market. Now the assumption is that each sold property should have a valid energy certificate. It has become standard practice on the secondary market, however, to include a statement in the notary deed that the buyer is aware of the fact that the property does not have such a certificate. And that's it. The document has not influenced the turnover of real estate in any way.

Who is to blame?
"Before you can obtain an energy certificate for your apartment, it is necessary that the whole building has obtained such a certificate. Nevertheless, neither housing cooperatives nor communities are in a hurry to obtain the certificates. The main reason is the cost. There have only been a few cases when a seller on the secondary market had a certificate," admits Jerzy Węglarz of Home Broker. This does not, however, change the letter of the law. "According to an amendment to the act on Construction Law and Spatial Development, a real estate agent has a duty to use energy certificates and should obtain them from his or her clients," says Marcin Piotrowski, vice-president of the Construction and Property Confederation.

As can be seen, regulations are one thing, but reality is another. In order to enforce effectively the provisions of any law, the law should envisage sanctions. The legislator, however, seems to have overlooked this rather basic point. The present regulations do not state what the penalties are that can be faced in the case of not having such a document. Additionally, the absence of an awareness raising campaign with regard to the importance of energy certificates has led to a situation where practically no one is interested in the document. "For apartments on the secondary market, the buyers only occasionally demand an energy certificate from the other party to the transaction," admits Mariusz Kania. In his opinion, as a result energy certificates might be required on the secondary market but there are no sanctions for their absence. "In real life, a notary publicly notifies the parties to the transaction that the buyer may demand such a certificate, but the buyer actually does not care about obtaining it. After all, two apartments with similar parameters, built with different technologies, may differ significantly in terms of energy consumption," says Mariusz ?Kania. According to the experience of Emmerson, buyers do not usually enquire about the certificates. The reason might be that not many buyers know about them and even if they do, they do not regard this knowledge as important.

A chance for a change?
Another opinion on the subject is given by the vice-president of the Construction and Property Confederation. "It seems that our society is ready for change. It is aware that to secure a better future, it is necessary to spend more on the construction of a house so that it meets all of the best energy standards. People know that this is beneficial," claims Marcin Piotrowski. In his opinion, changes in the approach to energy certificates should also take place when it comes to bankers. When agreeing to a mortgage, banking institutions should take into consideration the energy efficiency of the building. "Western banks are finding that they prefer investors and developers who build passive or highly energy-efficient buildings. In the future, the credibility of such investors will be significantly higher. Banks should steer clear of buildings that consume a lot of energy, because in the long run rising energy prices are likely to have an adverse effect on the financial standing of building owners," explains Marcin Piotrowski.