From 1 January 2012, an energy certificate must be produced when buildings are sold or let.

The certificate will remain valid for 10 years and must be obtained by the developer, the owner or the landlord (as appropriate). It must be prepared by a duly authorised engineer or professional company.

The requirement applies to certain buildings when: 

  • if newly-built, it starts to be used
  • if it is an existing building, it is bought or sold or is let for a term of more than a year
  • if it is a publicly owned building with more than 1,000 m2 of usable floor space

A certificate is not required when ownership is transferred before the occupancy permit is granted, or when a co-owner acquires an ownership share.

The buildings affected by this requirement are buildings with 50 m2 or more of usable floor space.

It does not apply to: 

  • buildings intended to be used for less than four months a year
  • temporary buildings (ie not intended to be used for more than two years)
  • buildings categorised by law as monuments or situated in protected areas
  • agricultural buildings
  • buildings used as workshops
  • tents (inflated with hot air)

The requirement has been introduced by Government Decree in order to implement EU law. Hungary  received a temporary derogation from the requirement to implement the Directive which has now expired.

Law: Governmental Decree No. 176 of 2008 (VI.30.) on the certification of energetic parameters of the buildings; EU directive 2002/91/EK

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 06/01/2012.