Energieausweis When Renting Out: 2026 Rules
Energieausweis When Renting Out: 2026 Rules
Show it unprompted, no later than the viewing, and hand over a copy once the contract is signed.
The basis is § 80(4) and (5) GEG. Commercial listings must additionally carry the mandatory figures from the certificate (§ 87 GEG).
§ 80(4) and (5) GEGIn 60 seconds
On a new letting you must show the prospective tenant a valid certificate or a copy no later than the viewing, unprompted (§ 80 Abs. 4 S. 1 with Abs. 5 GEG); a clearly visible display suffices.
Where there is no viewing, it must be produced on request (§ 80 Abs. 4 S. 4 GEG); a copy must be handed over without delay once the contract is signed (S. 5).
Where a certificate already exists when a commercial listing runs, it must state the type of certificate, the final energy demand or consumption, the main energy sources, the year of construction and, for residential buildings, the energy efficiency class (§ 87 GEG).
A certificate is valid for ten years from issue (§ 79 Abs. 3 GEG) and may not be used for a new letting after that.
There is no duty for listed buildings (§ 79 Abs. 4 GEG) or small buildings up to 50 m²; merely continuing an existing tenancy creates no duty to produce one.
What the law says
The energy certificate or a copy must be shown to the prospective buyer or tenant no later than the viewing; where there is no viewing, then on request. It or a copy must be handed over without delay once the contract is concluded. Under subsection 5 the same duties apply to letting as to sale. Working translation; the German original is the binding text.
Demand certificate or consumption certificate?
Which type is permitted depends on the size and age of the building.
| Criterion | Bedarfsausweis (demand) | Verbrauchsausweis (consumption) |
|---|---|---|
| Basis | calculated demand from the building envelope and plant | actual consumption over the past three years |
| Informative value | objective, independent of occupants | depends on how the occupants heat |
| Mandatory where | up to 4 flats, building application before 1.11.1977, not modernised accordingly | optional from 5 flats, or building application from 1.11.1977 |
| Cost | higher | lower |
Rule of thumb: from five flats, or where the building application dates from 1 November 1977 onwards, you may use the cheaper consumption certificate. Where you have the choice, it is yours to make.
Related: Drawing up a tenancy agreement and Organising a viewing.
What it means for each side
- Ask for the certificate at the viewing: it should be there unprompted.
- Check the date of issue; after ten years it is invalid.
- Compare the listing's figures against the certificate.
- Get the copy handed to you once the contract is signed.
- Check before advertising that a valid certificate exists.
- Put every mandatory figure under § 87 GEG into every listing.
- Produce it unprompted at the viewing, or display it visibly.
- Document handing the copy over after signing.
Common mistakes
It must be produced unprompted and in good time, otherwise you risk an offence under § 108 GEG.
Each individual listing without the correct § 87 GEG figures can be a separate offence.
After ten years it may no longer be used for a new letting.
For small older buildings the demand certificate is mandatory. And handing over the copy should be documented.
What to do next
Before advertising, check a valid certificate exists, otherwise have a new one made in good time.
Put every mandatory § 87 GEG figure into each listing.
Produce it unprompted at the viewing, or display it visibly.
Hand over a copy without delay after signing, and document it.
Frequently asked questions
Is an Energieausweis mandatory when renting out?
Yes. For a new tenancy the Vermieter (landlord) must present the prospective tenant with a valid Energieausweis or a copy no later than the viewing, unprompted, and hand over a copy after the Mietvertrag (tenancy agreement) is concluded (§ 80 Abs. 4 in conjunction with Abs. 5 GEG). If there is no viewing, it must be presented on request instead.
Which Energieausweis is required, Bedarfsausweis or Verbrauchsausweis?
For residential buildings with five or more flats, and for buildings whose Bauantrag (building application) was filed on or after 1 November 1977, a Verbrauchsausweis (consumption-based certificate) is generally sufficient. For residential buildings with up to four flats whose Bauantrag predates 1 November 1977 and which have not since been energetically modernised to that period's standard, a Bedarfsausweis (demand-based certificate) is required (§ 80 GEG).
What must a property advertisement state about the Energieausweis?
If an Energieausweis already exists when a commercial advertisement is placed, § 87 GEG requires it to state: the type of certificate (demand or consumption), the Endenergiebedarf or Endenergieverbrauch (final energy demand or consumption), the main energy sources for heating, the construction year given in the certificate, and, for residential buildings, the energy efficiency class.
How long is an Energieausweis valid?
An Energieausweis is valid for 10 years from its date of issue (§ 79 Abs. 3 GEG). This applies to both the Bedarfsausweis and the Verbrauchsausweis. Once expired, it may no longer be used for a new tenancy and a new one must be issued.
What fine applies if there is no Energieausweis?
Failure to present or hand over the certificate in time, and missing mandatory data in the advertisement, are administrative offences and can be fined up to 10,000 € under § 108 Abs. 2 GEG. Each individual non-compliant advertisement can constitute a separate offence.
When do I not need an Energieausweis?
No obligation applies to, among others, listed monuments (Baudenkmäler, § 79 Abs. 4 GEG) and small buildings with a usable floor area of up to 50 m². Extending or continuing an existing tenancy with the same tenant without a new contract also triggers no presentation duty.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.