6.5.2013
News
Publications

Tomáš Sequens on Energy Performance Certificates in Hospodářské noviny

In a recent interview for business-focused daily Hospodářské noviny, KŠB Lawyer Tomáš Sequens talked about the current situation regarding energy performance certificates (EPCs).

EPCs were introduced in January 2013 by an amendment to the Energy Saving Act as a way to describe how much energy a particular building consumes. Property owners are required to present the EPC to parties interested in purchasing or leasing the property. After further consideration, however, the Ministry of Industry and Trade has already expressed interest in making the rules less stringent.

Nevertheless, according to Tomáš Sequens, there is a difference between the current valid and effective act, which takes the EPCs into account, and the Ministry’s intentions, which are not binding and which cannot be referred to by property owners.

Moreover, the parties to a property lease or purchase agreement will not be able to forgo requiring an EPC. “This won’t help and I cannot recommend it as something people should do. Just because something is stated in an agreement does not necessarily mean that the parties are not required to meet an obligation imposed by law” said Tomáš.

Tomáš believes the notion that utility invoices could substitute for EPCs is debatable since the value of information contained in an invoice is lower than that contained in an EPC. “Even a simple fact like whether the property is occupied by a single person or a family with small kids, one whose washing machine and dryer are running all day, makes a difference. Utility invoices simply cannot replace what an EPC tells us about the building.”

The full version of the interview is available here.

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