No Energieausweis Shown? Your Rights as a Tenant (2026)
No Energieausweis Shown? Your Rights as a Tenant
Unprompted, no later than the viewing, and as a copy once the contract is signed (§ 80(4) and (5) GEG).
The listing itself must already carry mandatory figures such as the energy value and the efficiency class (§ 87 GEG). You do not have to ask for it.
§ 80(4) and (5) GEGIn 60 seconds
The certificate places the building in a class from A+ to H and states an energy value in kWh per square metre per year, for you, mainly an early warning about heating costs.
The GEG sets three separate duties: mandatory figures in the commercial listing (§ 87 GEG), production unprompted no later than the viewing, and handing over a copy without delay after the contract is signed (§ 80 Abs. 4 GEG).
Where there is no viewing, the certificate must be produced without delay as soon as you ask for it.
The duty is regulatory, not part of your tenancy: if the landlord produces nothing, no rent reduction (§ 536 BGB) and no damages claim follow from it.
A demand certificate assesses the building fabric objectively; a consumption certificate only reflects the previous occupants' usage and is distorted by how they heated.
What the law says
The certificate or a copy must be produced to the prospective 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. Subsection 5 extends these sale-focused rules to letting and leasing, and so to landlords and agents alike. Working translation; the German original is the binding text.
Demand or consumption certificate?
The two types say quite different things about the heating costs you can expect.
| Feature | Bedarfsausweis (demand) | Verbrauchsausweis (consumption) |
|---|---|---|
| Basis | technical calculation of the fabric (insulation, windows, heating) | actual heating and hot water use over the past three years |
| Occupant influence | none, an objective assessment of the building | strong, depends how the previous tenants heated |
| Value to you | a reliable energy rating of the building | only a rough indication, distorted by prior use |
| Validity | 10 years from issue | 10 years from issue |
The Gebäudeenergiegesetz (GEG) took these rules over from the earlier Energieeinsparverordnung (EnEV) in 2020 and carried them forward. The GEG is what governs today.
What it means for each side
- Expect the certificate unprompted. You should not have to ask.
- Check whether it is a demand or a consumption certificate; only the former rates the building objectively.
- Compare the listing's figures against the certificate.
- Ask for the copy once the contract is signed.
- Produce it unprompted, or display it visibly.
- Put every mandatory § 87 GEG figure into each listing.
- Hand over the copy without delay after signing.
- Do not use a certificate older than ten years.
Common mistakes
It must be there unprompted, no later than the viewing.
The duty is regulatory; the certificate says something about the building, not about a defect in your flat.
It reflects how the previous tenants heated, not the quality of the building.
What to do next
Read the mandatory figures in the listing before you view.
Expect the certificate at the viewing. It must be there unprompted.
Check the type and the date of issue.
Ask for the copy after the contract is signed.
Frequently asked questions
Does the landlord have to show me the Energieausweis?
Yes. Under § 80 Abs. 4 and 5 GEG the landlord must show you the Energieausweis (energy performance certificate) unprompted, no later than the viewing. You do not have to ask for it. If there is no viewing, it must be presented without delay once you request it. After the Mietvertrag (lease) is signed, you are entitled to a copy.
What does the Energieausweis tell me about my heating costs?
The Energieausweis rates the building's energy quality and assigns an Energieeffizienzklasse (energy-efficiency class) from A+ to H. The energy value (in kWh per square metre per year) is an indicator of likely heating costs. A poor class (G or H) signals high Nebenkosten (operating costs). It is not a legally binding guarantee of your specific costs.
What is the difference between a Bedarfsausweis and a Verbrauchsausweis?
The Bedarfsausweis (demand-based certificate) calculates theoretical energy demand from the building fabric (insulation, windows, heating) and is independent of how residents behave. The Verbrauchsausweis (consumption-based certificate) is based on the actual heating consumption of the last three years and depends heavily on the previous tenants' habits. Both are valid for ten years from issue.
How long is an Energieausweis valid?
An Energieausweis is valid for ten years from its date of issue (§ 79 Abs. 3 GEG). The issue date is what counts, not first use. Certificates already issued keep their ten-year validity, even past any reform cut-off dates.
Can I reduce my rent if the landlord does not provide an Energieausweis?
No. The Energieausweis does not become part of the Mietvertrag (lease). A missing certificate gives rise to no contractual claim for Mietminderung (rent reduction, § 536 BGB) or damages. The duty to present it is a regulatory duty under § 80 GEG. A breach is an administrative offence carrying a fine of up to 10,000 euros (§ 108 GEG), which the competent authority enforces.
What must a rental listing contain?
If an Energieausweis already exists, a commercial property listing must contain several mandatory details under § 87 GEG: the type of certificate (Bedarf or Verbrauch), the energy value, the main energy source of the heating, the year of construction, and the Energieeffizienzklasse (energy-efficiency class). Missing these is an administrative offence (§ 108 GEG).
This page gives general information as at the date shown. It does not replace legal advice on an individual case.