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ARTICLE · 06 NOVEMBER 2012

Act On Presentation Of Energy Performance Certificates

Schoenherr (Schönherr Rechtsanwälte)
Schoenherr (Schönherr Rechtsanwälte)
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In case an energy performance certificate has been presented and handed over to the purchaser or the lessee and the energy-related characteristics turn out to be inaccurate, the purchaser or lessee is entitled to claim warranty.

AustriaReal Estate and Construction

Based on the new EU directive on the energy performance of buildings, the Austrian legislator revised the Act on the Presentation of Energy Performance Certificates ("Energieausweis-Vorlage-Gesetz", BGBl I 27/2012); the new act will come into force on 1 December 2012.

The main changes introduced by the new act are: (i) an expansion of the obligations imposed on a seller or lessor of a building unit, (ii) the determination of exemptions and a listing of certain categories of buildings for which an energy performance certificate does not need to be presented and handed over to the purchaser or lessee, and (iii) the introduction of a set of new sanctions in case a seller, lessor or real estate agent does not comply with the obligations defined in the new act.

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