Energy performance certificate during viewings: when landlords must present it and how the process ensures compliance

Problem: The viewing appointment is scheduled, the energy certificate is buried somewhere in the inbox, and the two only meet right outside the apartment door.

Cause: The appointment and the document belong to different steps in the process, connected only by human memory.

Hypothesis: If the certificate is attached to the process, it is ready before the first appointment is even created.

Is the law now called GModG?

Since July 29, 2026, the Building Energy Act (GEG) has officially been titled the Building Modernization Act (GModG). The sections retain their numbering; Section 80 remains in the same place. This article refers to the law as GModG; many still know it as GEG.

Why does presentation fail in the letting process?

The obligation is formulated succinctly. It becomes difficult when the viewing and the document are handled by different parties. Four gaps typically arise in the letting process.

The certificate is sitting in the inbox. The energy certificate arrived once via email, from the owner, the energy consultant, or from the previous letting. The certificate is then only accessible by asking around. The obligation is fulfillable, but it hinges on an email that no one has properly filed.

Someone else conducts the viewing. Vacation, illness, a colleague from another team, a caretaker, the owner themselves. The law identifies the landlord and the real estate agent as the addressees, but the person at the property is whoever conducts the appointment. If the copy is missing at the property, presentation on site can no longer be caught up on.

The certificate has expired. It is generally valid for ten years (Section 79 (3) GModG). The date is stated on the certificate, but in no calendar. For existing properties that have not been re-let for a long time, the expiration is often only noticed at the appointment.

The certificate belongs to the wrong building. An energy certificate is issued for a specific building (Section 79 (2) GModG). Whoever manages a property with multiple buildings can easily file the certificate of the neighboring building, and nobody notices.

All four gaps stem from the same fundamental issue: The step "obtain and file certificate" and the step "schedule appointment" are linked only by memory. Wherever memory holds the connection together, it breaks down during vacations, staff changes, or time pressure.

What does Section 80 GModG require during the viewing?

Section 80 (5) GModG declares sentences 1 to 5 of subsection 4 to be correspondingly applicable to lettings. The addressees are landlords and real estate agents. For the process, five points are essential:

1. A valid certificate must be available. If an apartment is being rented out, an energy certificate must be issued if a valid one for the building does not already exist (Section 80 (3) Sentence 1 GModG).

2. Presentation "at the latest during the viewing". The landlord presents the certificate or a copy thereof to the prospective tenant (Section 80 (4) Sentence 1, (5) GModG).

3. Posting or displaying is sufficient. A clearly visible notice or display during the viewing fulfills the presentation obligation (Section 80 (4) Sentence 2).

4. Without a viewing, without undue delay. If no viewing takes place, the certificate must be presented without undue delay (Sentence 3). At the latest when requested by the prospective tenant, it must be presented without undue delay (Sentence 4).

5. Handover after conclusion of the contract. Promptly after conclusion of the contract, the certificate or a copy must be handed over (Sentence 5).

An exception is provided by Section 79 (4) Sentence 2 GModG: Section 80 subsections 3 to 7 do not apply to listed architectural monuments.

A violation can constitute an administrative offense. Pursuant to Section 108 (1) GModG, anyone who "intentionally or negligently" fails to carry out the presentation pursuant to Sentence 1 or 4, or does so incorrectly, incompletely, or late (No. 18), or fails to hand it over after conclusion of the contract (No. 19), commits an administrative offense. The fine can be up to 10,000 euros (Section 108 (2) No. 2 GModG).

What must be included in the real estate advertisement is regulated by Section 87 GModG and is a separate topic: Energy certificate in advertisements: Five mandatory details. This article focuses on a later stage in the process, during the viewing. Both obligations rely on the same document, so a shared storage location serves both. The term at a glance: Energy certificate in the Real Estate Glossary.

At which stages in the process must the energy certificate be ready?

This overview maps the rules to a typical letting process. It is a framework, not an individual case analysis.

Anyone who clarifies the certificate in the first row takes the pressure off the second to fourth rows.

Which additional checks belong in the process prior to the rental agreement is outlined in the fillable checklist "Pre-Lease Checks".

How do you safeguard the presentation within the process?

Store the certificate in the process file, not in the inbox. Store the energy certificate where the team sees the process file, and record the expiration date. In properties with multiple buildings, each building needs its own certificate. That way, any colleague who takes over the appointment can find it without having to ask.

Tie appointment scheduling to storage. Agree within the team that a viewing appointment can only be created once the certificate is attached to the process. In EverReal, this can be configured: If the company enables the toggle "An energy certificate must be deposited before the viewing", a viewing can only be scheduled once an energy certificate has been uploaded. The setting is managed by the company and is turned off by default. Whether the uploaded certificate is still valid remains a matter of procedural verification.

Send the certificate with the appointment confirmation. The company settings also allow you to specify that the energy certificate is sent by email along with the viewing confirmation. This supplements the presentation during the appointment. Nevertheless, bring the copy to the viewing (see FAQ).

Record the expiration date as a task. Create a task within the process file with a due date and priority, such as "Check certificate validity", due before the first appointment. Tasks are visible across the company.

Conclusion

Section 80 GModG is concise: a valid certificate and its presentation at the latest during the viewing. The risk arises in the process, not in the law. Where the certificate and appointment are linked solely by memory, the connection breaks down during vacations, changes of staff, or time pressure. Where the certificate is attached to the process and the appointment is only created afterward, the gap narrows.

How a process file bundles checks and tasks with due dates in one place is described in the article Guided Workflows in Property Management. If you would like to see what this looks like in EverReal, schedule a conversation with the team.

Legal notice and sources

We do not provide legal advice. Property managers are best advised to clarify specific legal questions with a specialized attorney or their professional association (VDIV, IVD).

Sources (status of the statutory version: last amended by Art. 4 of the Act of July 23, 2026, Federal Law Gazette 2026 I No. 226):

• Section 79 (2), (3), (4) GModG

• Section 80 (3), (4), (5) GModG

• Section 87 GModG

• Section 108 (1) Nos. 18, 19, (2) No. 2 GModG

FAQ

By when must the energy certificate be presented during letting?

Pursuant to Section 80 (5) in conjunction with (4) Sentence 1 GModG, at the latest during the viewing. If no viewing takes place, the certificate must be presented without undue delay. If the prospective tenant requests it, it must be presented without undue delay at the latest then. After the contract is concluded, it must be handed over without undue delay.

Is it enough to send the energy certificate via email with the appointment confirmation?

Section 80 (4) GModG specifies presentation and clearly visible notice or display during the viewing as valid methods. The statutory text does not explicitly mention sending it in advance. Therefore, always bring the copy to the viewing and present or display it there.

What happens if the energy certificate has expired?

An energy certificate is generally valid for ten years (Section 79 (3) GModG). If no valid certificate is available, an energy certificate must be issued upon letting pursuant to Section 80 (3) Sentence 1 GModG. You should therefore initiate the reissuance before the first viewing appointment.

Does the obligation also apply if a colleague, a caretaker, or an agent conducts the viewing?

The law attaches the obligation to the landlord and the real estate agent (Section 80 (5) in conjunction with (4) GModG), not to the person conducting the appointment. The text does not provide that the obligation is discharged by proxy. How this applies to a property management company in individual cases should be clarified with your specialized attorney.

What fine is threatened in the event of a violation?

Pursuant to Section 108 (1) Nos. 18 and 19 GModG, anyone who intentionally or negligently fails to carry out the presentation or handover of the energy certificate, or does so incorrectly, incompletely, or late, commits an administrative offense. The fine can be up to 10,000 euros (Section 108 (2) No. 2 GModG).

What distinguishes this obligation from the mandatory details in advertisements?

The presentation obligation under Section 80 GModG concerns viewing and handover. The mandatory disclosures in property advertisements are governed by Section 87 GModG. Both relate to the same energy certificate. For advertisements, see the article on the five mandatory details in energy certificate listings on de.everreal.co.