When a property is offered for rent or sale, an EPB certificate must be provided.
This document, which is valid for 10 years, enables prospective buyers to compare the energy performance of properties placed on the market.
What happens if this requirement is not met?
In the Brussels-Capital Region
As an owner
As an owner, you may face an administrative fine both when placing the property on the market AND when concluding the relevant agreements (letting and sale). In the latter case, the fine is higher. A criminal penalty could also apply, although this is extremely rare. The amount of the administrative fines varies by Region.
Do you own a new-build property?
For a new-build property in Brussels, the certificate is issued by IBGE. However, this can take some time!
The EPB adviser then draws up an interim report setting out all the measures already implemented or due to be carried out, as well as all the data required to calculate the property’s EPB rating. This interim report may be sufficient to market the property while awaiting the certificate issued by IBGE.
As a tenant
As a tenant or prospective tenant, you may be able to initiate legal proceedings if no EPB certificate has been provided. However, this failure on the owner’s part is unlikely to result in the termination of the tenancy or the tenancy agreement being declared void…
As a buyer
The EPB certificate must also be provided by the seller to the future owner before the preliminary sale agreement is signed.
In the case of a sale, case law shows that prospective buyers have previously had a preliminary sale agreement cancelled before a notary because the EPB certificate had not been obtained. It should be noted that this does not happen if the notary has performed their duties correctly.
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