WHAT APPLIES TO THE ENERGY CERTIFICATE
The obligation for electronic registration of real estate lease information is provided by 09.11.2015 – date of application of Law 4342/2015.
The obliged parties are required to enter the details of the Energy Performance Certificate (EPC) in the electronic application (if the leased property has the obligation to issue an EPC).
The validity of the Energy Certificate can be verified by the protocol number – AP. and the 16-digit security number – AA
The Energy Certificate (EOC) of a building or unit reflects the energy classification of a building or unit to allow the owners or tenants of the building or unit to compare and evaluate its energy efficiency and performance rating by 10 issue.
As the PEA relates to the property (building or unit) and not to the persons, no new PEA is required to be issued in its ten-year period since there have been no changes to the building or unit that constitute a radical renovation (large-scale renovation). .
The ENERGY CERTIFICATE (EOC) is issued for a building or building unit of category and use, in accordance with the Energy Efficiency Regulation of Buildings (KENAK) and the Technical Instructions of the Technical Chamber of Greece (THOTE) issued. The MRL is issued for a building or building unit and not in accordance with the building permit (building permit), ownership status etc.
In complexes of buildings (eg discrete wings) at least one MRL per building is issued.
Functionalally merged properties (eg stores) issue a MRL for the resulting building or unit.
A part of a building unit (such as a business unit within a building unit or a living room) is not subject to a PEA, as the smallest part of the building for which a PEA may be issued is the building unit.
AS TO USE (TYPE) OF THE PROPERTY:
Building that has more than one use is characterized as mixed use. In this case each part of it is characterized by its own use and the Energy Inspector shall consider the requirement of issuing a PEA or not separately for each use.
Especially when it is necessary for a single organization to co-exist in the same building for more than one use, to serve the main use only, then the building is overall characterized by its predominant use (eg ‘hospital’ for a shop) within the hospital, “hotel” for an in-house restaurant). Please note that, in the case of a single-use building, it does not require the issuance of a PEA for each individual building unit, but the certification of its building units may be based on the certification of the entire building (eg multi-storey building with apartment units). by use of a dwelling, the PEA of the building can be used as a PEA for each dwelling-apartment).
The following building categories are EXCLUDED from the PEA version:
monuments (ancient real estate, therefore, for buildings designated as preserved or for buildings located within designated historical sites or traditional settlements requiring the issuance of an EIA, since these buildings are not monuments.)
buildings used as places of worship (known as religion)
industrial installations, handicrafts, laboratories (Buildings or units that house industries, handicrafts, laboratories, manufactures, services with important electromechanical equipment.)
Temporary use buildings not exceeding two (2) years of use (Buildings located and removable, do not require extensive infrastructure and permanent waste collection facility eg container – isobox, etc)
warehouses, agricultural buildings, and non-residential farm buildings (buildings or units used for storing goods, storing objects or housing animals) f) car parks and gas stations (buildings or buildings used for station gas stations or car wash.)
individual buildings with a total useful floor area, that is, a mixed floor area of the closed indoor areas of the building intended to serve the needs of its principal use, less than fifty square meters (50 sq.m.).
In any case, no PEAs are issued in categories of buildings whose energy consumption is not intended to regulate indoor climatic conditions – in order to ensure the comfort of their users – and therefore are not understood as buildings within the meaning of Law 4122 / 2013.
Consequently, in cases where there is no molded shell, PEAs are not issued (eg in unfinished, unfinished or abandoned buildings or building units).
FINE FROM 1,000 TO 10,000 EUROS
It should be noted that in case of non-issuance of a PEA, a fine is imposed on the person legally liable from one thousand (1,000) to ten thousand (10,000) euros.
A debtor means the owner of the building or unit or the manager of the building as the trustee of the owners.
The issuance of a PEA is compulsory (unless there is a valid PEA) – inter alia – ‘when renting a new building or unit renter’. Furthermore, when selling or leasing buildings or units, the landlord or his copy shall be displayed by the owner to the prospective new buyer or tenant and delivered to the new buyer or tenant. ‘
Furthermore, the above obligation has been in force since 09.01.2011 and applies:
– from 09.01.2011 during the new lease of buildings and
– from 09.12.2011 during the new lease of building units.
Lease of immovable property means the contract whereby the lessor undertakes to lease the use of the building or building (lease) to the lessee and the lessee to pay the agreed price as rent for the duration of the lease.
The existence and disposition of the IPS at the lease is confirmed by the registration of its details in the Declaration of Real Estate Lease Information, which is mandatory from 09.11.2015.
In view of the above, there is an obligation to have a valid MRL and to register its data in the electronic application of the Real Estate Lease Declaration provided that the following are cumulatively:
legislation requires the issuance of a PEA
this is the preparation of a new lease agreement for a new tenant who first settles on the lease and
the filing of the Real Estate Lease Information Statement (and not the date of any lease agreement) has been effective since November 9, 2015.
Therefore, this obligation does not exist:
in case of renewal or extension of the lease as the tenant is still the same for the same property,
when, for any reason, the lease is transferred (eg in the event of a business transformation).
It is noted that debtors must issue (if not already issued) within four (4) months from the date of issue of this notice and complete the IPS information in the relevant fields of the Real Estate Lease Information Statement.
Finally, in leased building units with a total useful floor area of less than fifty square meters (50 sq.m.), for which the issuance of a MIP became mandatory as of 01.01.2016, there is no obligation to have a valid MIP and register its data in its electronic application. Real Estate Lease Information Statement if:
the date of writing the written lease agreement, as entered in the “Date of writing the contract” field of the Real Estate Lease Information Statement, is prior to January 1, 2016, or
the filing date of the Real Estate Lease Information Statement is prior to January 1, 2016, if no private lease agreement has been drawn up.