27 federal law on the obligation to submit of a certification for sale and in stock administration of buildings and use objects (energy performance certificate template Act 2012 - EAVG 2012)
The National Council has decided:
§ 1. This federal law regulates the obligation of the seller's or stock's, hand, and to present an energy performance certificate for sale or in stock administration of a building or use object the buyer or existing employees, as well as the obligation to specify of certain indicators of energy-technical quality of the building or use object in ads for the preparation of such transactions.
§ 2. This federal law is a term
1. "Building" a structure with roof and walls, whose indoor climate using energy is conditioned, and both the building as a whole as well as such building components, which designed as own use objects are, 2. a "Use item" home, business premises or other independent spatial, 3. "energy performance certificate" or "Statement of energy performance" the applicable, the implementation of the directive 2010/31/EC on the energy performance of buildings , OJ No. L 153 of June 18, 2010, p. 13, serving federal or national standards ID, which indicates the overall energy efficiency of a building, 4 "Sale" to be a contract of paid purchase of property at one or thoroughly renewed buildings, 5 "in stock gift" a contract relating to the purchase of a stock right on one to building or thoroughly renewed building.
Ads in print and electronic media
§ 3. Offered a building or use object in a printing device or an electronic medium to the purchase or the in stock name the heating requirement and the overall energy efficiency factor of the building or use object are in the display to indicate. This obligation applies to the seller or lessor, as well as for the from this authorised real estate agent.
Template - and handing over duty
§ 4 (1) on the sale of a building has the buyer the seller at the in stock gift of a building of the lessor prior to the placing of the contract of the buyer or stock holder to submit in time a certificate not more than ten years old at that time the stock holder and handed him over this or a full copy of thereof within 14 days after conclusion of the contract.
(2) is only one object of use of sold or given in stock, so the seller or lessor can meet the obligation pursuant to par. 1 presentation and handing a card the total energy efficiency of this use object or the overall energy efficiency of a comparable use object in the same building or on the overall energy efficiency of the entire building.
(3) If a single-family house sold or given in stock, so the seller or lessor can meet the obligation pursuant to par. 1 presentation and handing a card either on the overall energy efficiency of the House or about the overall energy efficiency of a comparable building of similar design, size and energy efficiency. A certification created for a comparable building such use but this assumes that the card creator confirmed the similarity of the buildings in terms of their design, size, energy efficiency, location and its location climate.
§ 5. Following categories of buildings are excluded from the obligation according to § 3 as well as the template - and handing over duty:
1 building, which are held only frost-free, 2nd in the Verkaufsfall building, which are objectively condemned due to its bad state of conservation, unless in a possible indicator according to § 3 the building is referred to as condemned and assumed in the contract, that the buyer will cancel the building within three years after the conclusion of the contract, 3 building, used exclusively for worship and other religious purposes , 4 temporary buildings with a planned time of use of not more than years two, 5. industrial plants, workshops and agricultural buildings, where each of the majority of needed for the conditioning of the indoor climate energy through the building's waste heat is applied, 6 residential buildings, which are determined according to their types only for use for a limited period each calendar year and whose estimated energy requirements due to this limited period of use is under a quarter of energy in the year-round use established , and 7 free-standing buildings with a total useful floor area of less than 50 square meters.
Legal consequence of the I.d.
§ 6. Before submitting his contract an energy performance certificate presented to the buyer or existing employees, so the energy figures specified are considered ABGB for the building, taking into account the bandwidth inevitable in their determination stipulated property in the sense of § 922 1. Notwithstanding legal warranty claims arising from the purchase or stock contract the card creator liable directly for the accuracy of the energy pass the buyer or existing employee.
Legal consequence of failure template or handing
7. (1) an energy performance certificate is presented violates article 4 at least to make of his contract declaration the buyer or existing employees, so at least an energy performance corresponding to the age and the type of building is agreed.
(2) contrary to § 4 after conclusion of the contract despite the request not an energy performance certificate issued the buyer or existing employees, so he either his right to pass handing court claims can make or get yourself an energy performance certificate and it reasonable costs incurred within three years after the conclusion of the contract by the seller or lessor replaced covet that him.
§ 8 agreements which restrict, or exclude the template - and handing over duty according to § 4, the legal consequence of the I.d. According to § 6, the legal consequence of failure template according to § 7 paragraph 1 including the statutory warranty rights resulting from this or the legal consequence of failure delivery pursuant to section 7 subsection 2 are ineffective.
A salesperson in the sales or inventory gift display indicating the heating requirement and the overall energy efficiency factor of the building or use object lessor or real estate agents who fail to do contrary to section 3, commits § 9 (1), provided that the Act meets a judicially punishable act was not or is threatened after other administrative penal provisions with more severe penalty, an administrative offence and is fined to punish up to 1 450 euro. The violation of an estate agent against section 3 is excused, if he has informed his client about the obligation under this provision and prompted him to the announcements of the two values or to obtain a certification, which failed however to contracting this prompt.
(2) a seller or lessor who neglects it violates article 4,
1. the buyer or existing employees a maximum ten-year-old energy performance certificate to submit in time or 2 handed an energy performance certificate or a full copy of the same to the buyer or existing employees by contract, commits, unless the Act is a judicially punishable act was not met or are threatened for other administrative penal provisions more stringent punishment, an administrative offence and is fined to punish up to 1 450 euro.
Entry into force; Transitional provisions; References
10. (1) this Federal Act 1 December 2012 into force. It is on sale and in stock gift ads, which will be published from this date, and to purchase or inventory contracts concluded from that date to apply.
(2) the energy performance certificate template Act, Federal Law Gazette No. 137/2006, occurs at the end of the 30 November 2012 override. It is to apply still to purchase or leases that have been closed prior to December 1, 2012. Energy performance certificates, in accordance with the Directive 2002/91/EC on the energy performance of buildings OJ No. L 1 of 4 January 2003, p. 65, created, valid also for the kept for a period of ten years from its creation after the energy performance certificate template Act 2012 to fulfilling obligations.
(3) the seller or lessor intends his duty according to § 4 with more than ten years old and in accordance with the Directive 2002/91/EC on the energy performance of buildings OJ No. L 1 of 4 January 2003, p. 65, created energy performance certificate to fulfill, so sufficient indication of the heating requirements in the display in accordance with paragraph 3.
(4) as far as in other federal laws Federal Law Gazette I no. 137/2006, referenced on the energy performance certificate template Act, the references get their content from the corresponding provisions of this Federal Act.
§ 11. With the execution of this federal law, the Federal Minister of Justice is responsible for in terms of duty estate agents pursuant to section 3 of the Federal Minister for economy, family and youth and the remainder.
§ 12. With this federal law, the directive is 2010/31/EC on the energy performance of buildings OJ No. L 153 of June 18, 2010, S. 13, implemented.