Energy certification was introduced by Directive 2002/91/EC “On the energy performance of buildings” and later enforced in Italy with various decrees in order to reduce building’s energy consumption.
The energy performance certificate (APE) gives information on the energy quality both of the building to be purchased or rented, and its systems, specifying also any possible enhancement that could improve the energy performance of the property.
Art. 6 par. 5, D.L. no. 192 of 2005 “Implementation of Directive 2002/91/EC regarding energy performance of buildings“ provides that the energy performance certificate has a maximum validity of 10 years starting from its issuing and that it is updated with every renovation or redevelopment intervention that modifies the energy class of the building or unit.
The aforementioned maximum validity is subject to the prescriptions for control operations of the energy efficiency of the technical systems of the building, especially of heating systems, including any required adjustment pursuant to regulations set forth in D.P.R. no 74 of 16/04/2013 and D.P.R no. 75 of 16/04/2013. In case of lack of compliance with said provisions, the energy performance certificate expires on the 31st of December of the following year in which the first date of expiry not respected is envisaged.
Pursuant to par. 3 of Art. 6 of the aforementioned D.L no 192 of 2005, sale and purchase agreement and transfer real estate contracts, as well as new lease contracts for buildings or units subject to registration, shall include a specific clause in which both buyer and lessee declare to have received all information and documentation regarding the energy performance of the properties, including the certificate. A copy of the certificate must be attached to the contract, with the sole exception of the lease of single units.
In case of lack of the aforementioned declaration or, if applicable, of the attachment, both parties are subject to the payment, jointly and severally, of the pecuniary administrative sanction of €1,000 to €18,000. The payment of the sanction does not, however, exempt from the obligation to submit to the Ministry of Economic Development the declaration or the copy of the energy performance certificate within 45 days.
It depends on the company issuing the certification, usually a few days.
The cost of the energy performance certificate depends on various aspects assessed in different ways by each issuing company. Generally, the cost depends on:
- The size of the property;
- The number of floors of the unit;
- The type of heating system;
- The destination of use of the building.