Energy certificate in the advertisement: Five mandatory details and how a violation can cost up to 10,000 euros

Problem: If the mandatory information from the energy performance certificate is missing from a real estate listing, a fine of up to 10,000 euros may be imposed pursuant to Section 108 of the GModG, in addition to warning letters under unfair competition law.

Cause: Violations regarding energy certificates are rarely intentional; they are usually due to a process gap: time pressure when launching the listing, a certificate that is not yet available, has expired, or was simply not consulted.

Thesis: A fixed check that verifies whether all five mandatory details under Section 87 (1) GModG are included in the listing prior to publication structurally and largely eliminates this risk.

Which energy certificate details must be included in the listing?

Direct answer: For new rentals, real estate listings must contain five details from the energy certificate pursuant to Section 87 (1) GModG: type of certificate (energy demand or consumption certificate), final energy demand or consumption in kWh/(m²·a), main energy sources, year of construction of the building, and energy efficiency class. A violation can be punished as an administrative offense under Section 108 GModG with a fine of up to 10,000 euros.

Why energy certificate violations occur frequently

The process is usually the same: A property becomes vacant, the listing text is quickly drafted, and the energy certificate is either not yet available, has expired, or simply was not consulted. Time pressure when publishing the listing is the most common cause of missing or incomplete energy certificate details.

In addition, the energy certificate is formally issued for the building, not for the individual apartment. Anyone managing multiple units in a portfolio must ensure that the certificate belongs to the correct building and is still valid. Energy certificates are valid for ten years.

Without a checklist that reviews all five mandatory fields before the listing is published, a systematic risk arises.

Risk of fines: Up to 10,000 euros and vulnerability to warning letters

A violation of Section 87 GModG is an administrative offense under Section 108 GModG. The fine range is up to 10,000 euros per violation. The competent authorities of the respective federal states are responsible.

In addition, the Federal Court of Justice confirmed in judgment I ZR 4/17 of October 5, 2017, that missing energy certificate details in listings can also trigger warning letters under unfair competition law (UWG). This means: In addition to official fines, competitors or associations can also issue a warning letter subject to costs.

Property managers should clarify specific legal questions with a specialized attorney or their association (VDIV, IVD).

The legal basis: GModG Sections 79 to 87

The Building Modernization Act (GModG, until July 28, 2026 Building Energy Act) regulates energy certificates in Sections 79 to 87.

Section 79 GModG: Energy certificate must be available. The energy certificate must be available for the building. It is not issued per apartment, but per building. If no valid certificate is available, the presentation and handing-over obligations under Section 80 GModG cannot be fulfilled.

Section 80 GModG: Presentation at the viewing and handing over after the contract is concluded. The energy certificate, or a copy of it, must be presented to the prospective tenant at the latest at the viewing. A clearly visible notice or a copy laid out during the viewing is sufficient. If no viewing takes place, the certificate must be presented without undue delay. Without undue delay after the lease agreement is concluded, the certificate must be handed over.

Section 87 (1) GModG: Five mandatory details in the listing. All five details must be visible directly in the listing itself, not merely upon request. This applies to print advertisements as well as online portals.

Type of certificate

• Designation in certificate: Demand certificate / Consumption certificate

• Example: Consumption certificate

Final energy demand or consumption

• Designation in certificate: Metric in kWh/(m²·a)

• Example: 125 kWh/(m²·a)

Main energy sources

• Designation in certificate: Heating type

• Example: Natural gas

Year of construction of the building

• Designation in certificate: Year of construction

• Example: 1985

Energy efficiency class

• Designation in certificate: Class A+ to H

• Example: Class D

Check the five mandatory details before each publication. A systematic check verifying whether all five energy certificate details are present in the listing systematically prevents violations. In EverReal, you maintain certificate type, metric value, efficiency class, energy sources, and the year of construction according to the energy certificate directly within the listing. Once the certificate is recorded as present, the information is transmitted with the listing to the connected portals.

Initiate certificate procurement 4 to 6 weeks in advance. In addition, an automated reminder for certificate procurement 4 to 6 weeks prior to the scheduled new rental date is recommended. This leaves sufficient time to obtain an expired or missing certificate before listing pressure arises.

Document GModG compliance with timestamps. The documents form part of the audit-proof documentation in property management: Anyone needing to prove retrospectively that all GModG requirements were met requires a timestamp showing when the certificate was available and when it was used in the listing.

Conclusion

The five mandatory details under Section 87 GModG are clearly defined. The risk arises not from lack of knowledge, but from a lack of processes.

Anyone who checks before each publication whether all five energy certificate details are in the listing reduces the risk of fines up to 10,000 euros and warning letters under unfair competition law.

Schedule a consultation to see how you can maintain energy certificate details in EverReal and transfer them to connected portals.

Legal notice and sources

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

Sources:- Section 79, Section 80, Section 87, Section 108 GModG (gesetze-im-internet.de)- BGH I ZR 4/17, October 5, 2017 (bundesgerichtshof.de)

Q: Which five details from the energy certificate must be included in the listing?A: Under Section 87 (1) GModG, the following five details must be included in the listing: (1) type of certificate (demand certificate or consumption certificate), (2) final energy demand or final energy consumption in kWh/(m²·a), (3) the main energy sources (e.g. natural gas, district heating), (4) the year of construction of the building, and (5) the energy efficiency class (A+ to H). All five details must be visible in the listing itself, not merely upon request. This applies to online portals as well as print advertisements.

Q: What happens if no energy certificate is available and I want to rent out a property?A: If no valid energy certificate is available, the mandatory details under Section 87 GModG cannot be accurately provided in the listing. Furthermore, the presentation and handing-over obligations under Section 80 GModG cannot be fulfilled. In this case, property managers should first commission an energy certificate from an energy consultant or building services engineer and obtain it before launching the listing. Since energy certificates can take up to several weeks to prepare, planning 4 to 6 weeks in advance is recommended. Property managers should clarify specific legal questions with a specialized attorney or their association (VDIV, IVD).

Q: How high is the fine for missing energy certificate details in a listing?A: The fine range under Section 108 GModG is up to 10,000 euros per administrative offense. The authorities of the respective federal states are responsible. In addition, the Federal Court of Justice (BGH I ZR 4/17, October 5, 2017) confirmed that missing details can also trigger warning letters under unfair competition law (UWG). This means that, in addition to an official administrative fine, warning letters from competitors or associations are also possible, entailing warning costs and potentially a cease-and-desist declaration.

Q: Do I need to have the energy certificate with me during the viewing?A: Yes. Section 80 GModG requires landlords to present the energy certificate at the latest at the viewing. A clearly visible notice or a copy laid out during the viewing is sufficient. If no viewing takes place, the certificate must be presented without undue delay. Without undue delay after the lease agreement is concluded, the certificate must be handed over. Anyone unable to present the certificate during a viewing is already in violation of Section 80 GModG, independently of the listing obligations under Section 87 GModG. The article Energy performance certificate during viewings shows how to secure the presentation in your letting process.