27. Federal Act on the obligation to submit an energy certificate for sale and in the case of the in-stock gift of buildings and use objects (Energy Performance Certificate-Template-Act 2012-EAVG 2012)

The National Council has decided:

Contents

§ 1. This federal law regulates the obligation of the seller or the inventor to present and hand over an energy certificate to the buyer or lessee in the sale or in the in-stock gift of a building or usage object, as well as the obligation to Indication of certain indicators of the energy quality of the building or of the use object in advertisements for the preparation of such legal transactions.

Definitions

§ 2. In this federal law, the term

1.		"building" means a construction with a roof and walls, the indoor climate of which is conditioned using energy, both the building as a whole and those parts of the building which are designed as own objects of use,
2.		"object of use" means an apartment, business premises or other self-employed space,
3.		"Energy Performance Certificate" or "Energy Performance Certificate" means the applicable implementation of Directive 2010 /31/EU on the energy performance of buildings, OJ L 327, 30.4.2010, p. No. L 153 of 18 June 2010, p. 13, which indicates the energy performance of a building to be used in accordance with national or national legal requirements;
4.		"sale" also means a contract for the purchase of ownership of a building to be erected or pervelled to be carried out by a person to be erected or to be replaced by a contract;
5.		"In-Stock-Gift" also means a contract for the acquisition of a stock right at a building to be erected or comprehensively renewed.

Display in printing units and electronic media

§ 3. Where a building or an object of use is offered in a printing unit or an electronic medium for purchase or in-stock close-ups, the heating demand and the energy performance factor of the building or of the building or of the building shall be displayed on the display. Specify usage object. This obligation applies both to the seller or the provider and to the real estate agent appointed by the latter.

Obligation of submission and suspension

§ 4. (1) In the case of the sale of a building, the seller shall have the buyer, in the case of an in-stock gift of a building of the inventor, to the inventor in good time before submitting the contract declaration of the buyer or the inventor, at that time not more than ten years old energy certificate and hand it to him or a full copy thereof within 14 days of the conclusion of the contract.

(2) Where only one object of use is sold or placed in stock, the seller or inventor shall be able to make the obligation under paragraph 1, by presenting and handing out an identification, either by means of the energy performance of this exploitation object or on the overall energy performance of a comparable use object in the same building or on the overall energy performance of the entire building.

(3) Where a detached house is sold or placed in stock, the seller or inventor may, by presenting and handing out a card, the obligation under paragraph 1 above, either by means of the energy performance of this House or through the Total energy performance of a comparable building of similar design, size and energy efficiency. However, such use of a certificate of energy produced for a comparable building requires the identity of the identity of the building to be similar in terms of design, size, energy efficiency, location and location. Location climate confirmed.

Exceptions

§ 5. The following categories of buildings are excluded from the obligation to provide information in accordance with § 3, as well as the obligation to submit and to be handed out:

1.		Buildings that are only kept frost-free,
2.		in the case of a sale, buildings which are objectively demolition due to their poor conservation status, provided that the building is deemed to be an abortion in a single display according to § 3 and that the purchase contract assumes that the buyer is the Cancel the building within three years of the conclusion of the contract,
3.		Buildings used exclusively for religious services and other religious purposes,
4.		temporary buildings with a planned useful life of not more than two years,
5.		Industrial plants, workshops and farm buildings where the majority of the energy required for the conditioning of the indoor climate is generated by the waste heat produced in the building,
6.		Residential buildings which, according to their type, are intended for use only for a limited period of time per calendar year and whose expected energy requirements are less than one-quarter of the energy requirement due to this limited period of use. full-year use, and
7.		free-standing buildings with a total usable area of less than 50 square metres.

ID Template Legal Order

§ 6. Where an energy certificate is submitted to the purchaser or lessee before the contract is issued, the energy figures for the building as specified therein shall be deemed to be valid, taking into account the unavoidable bandwidths of the building as it is determined. Property in the sense of § 922 (1) ABGB. Without prejudice to any warranty claims arising from the purchase or inventory contract, the identity card holder shall be liable directly to the purchaser or the customer for the correctness of the energy certificate.

Legal sequence of abandoned submission or handout

§ 7. (1) If, contrary to § 4, the purchaser or inventor is not presented with an energy certificate at the latest in order to submit his contractual declaration, at least a total energy efficiency corresponding to the age and the type of the building shall be deemed to have been agreed.

(2) If, contrary to § 4 after the conclusion of the contract, no energy certificate is issued to the buyer or lessee, he or she can either bring his right to the expulsion of the contract to court or obtain an energy certificate himself and the reasonable costs incurred by him in the three years following the conclusion of the contract shall be replaced by the seller or the inventor.

Divergent Agreements

§ 8. Agreements which require the obligation to submit and to be handed out in accordance with § 4, the legal consequence of the award of the ID according to § 6, the legal consequence of the failure to comply with § 7 (1), including the resulting warranty claim or the legal order Exclude or restrict the suspension under Section 7 (2) shall not be effective.

Criminal provisions

§ 9. (1) A seller, an inventor or a real estate agent who, contrary to § 3, is not responsible for indicating the heating heat demand and the energy performance factor of the building or of the use object in the sales or in-stock gift indication, if: the action does not comply with the facts of a criminal offence or is punishable under other administrative penalties with a stricter penalty, an administrative surrender and is punishable by a fine of up to EUR 1 450. The infringement by a real estate agent against § 3 shall be excused if he informs his client of the obligation to provide information in accordance with this provision and if he/she is responsible for the disclosure of the two values or for the collection of an energy certificate However, the contracting authority has not complied with this request.

(2) A seller or inventor who does not accept it contrary to § 4.

1.		present to the purchaser or inventor in good time a 10-year-old energy certificate, or
2.		to hand over an energy certificate or a full copy thereof to the buyer or lessee after the conclusion of the contract,
If the action does not comply with the facts of a court-punishable offence or is threatened with a more stringent penalty under other administrative criminal provisions, an administrative surrender and a fine of up to € 1 450 punishing.

Entry into force; Transitional provisions; referrals

§ 10. (1) This federal law shall enter into force on 1 December 2012. It shall apply to sales and in-stock gift ads published from that date and to purchase or inventory contracts concluded from that date.

(2) The Energy Performance Certificate Template Law, BGBl. I No 137/2006, repeals with the expiry of 30 November 2012. However, it should continue to apply to purchase or stock contracts concluded before 1 December 2012. Energy certificates, in accordance with Directive 2002/91/EC on the energy performance of buildings, OJ L 327, 28.11.2002, p. No. L 1 of 4 Jänner 2003, p. 65, retain their validity for a period of ten years from the date of their preparation, also for the obligations to be fulfilled in accordance with the Energy Performance Certificate Act 2012.

(3) If the seller or inventor intends to fulfil his obligation pursuant to § 4 with a maximum of ten years old and in accordance with Directive 2002/91/EC on the energy performance of buildings, OJ L 327, 22.12.2002, p. No. L 1 of 4 In January 2003, p. 65, the indication of the heating heat requirement in the display according to § 3 shall be sufficient.

(4) As far as in other federal laws to provisions of the Energy Performance Certificate-Template-Act, BGBl. I n ° 137/2006, the references shall be made subject to the relevant provisions of this Federal Law.

Enforcement

§ 11. With the enforcement of this federal law, the Federal Minister of Justice is entrusted with the obligation to inform real estate agents in accordance with § 3 of the Federal Minister for Economic Affairs, Youth and Family Affairs.

Implementation Notice

§ 12. With this federal law, Directive 2010 /31/EU on the energy performance of buildings, OJ L 175, 5.7.2010, p. No. OJ L 153 of 18 June 2010, p. 13.

Fischer

Faymann