2026 marks an important stage in the implementation of the EU Energy Performance of Buildings Directive, or EPBD. The deadline for transposing the directive into national law is 29 May 2026. The detailed rules applicable in Poland should nevertheless be checked in current legislation and official communications.
For buyers and sellers, the practical duties concerning energy performance certificates remain the key issue. This checklist helps organise the documents before buying or selling a house or apartment.
What sellers should prepare
- A current energy performance certificate for the building or unit.
- The energy information required in the listing, including relevant indicators and CO2 emissions.
- The document for delivery to the buyer when the sale deed is concluded.
In a sale, the certificate must be handed to the buyer, and the notary records that it was delivered. The buyer cannot waive the right to receive it.
What buyers should check
1. Whether the certificate covers the right property
Compare the data on the certificate with the house or unit being offered. Check that the address and scope of the document match the property.
2. The issue date and validity
A certificate is generally valid for 10 years. It may become invalid earlier if works have changed the energy performance of the building or unit. This applies where alterations affect its energy parameters.
3. The indicators shown in the listing
Listings should include specified energy indicators and CO2 emissions. Buyers should check that the advertising data is consistent with the certificate rather than relying only on general descriptions such as “energy efficient”.
4. Delivery at completion
The certificate must be delivered when the sale deed is concluded. It should not be treated as an optional attachment that can simply be waived in the contract.
What EPBD changes
The 2024 EPBD provides for further changes to national certificate systems, including energy classes. At EU level, it introduces a common scale from A to G, together with the development of digital certificates and the disclosure of the class and energy indicator in listings.
Poland’s Ministry of Development and Technology states that new rules on the methodology and certificate templates are being processed in Poland. The implementation of EPBD does not, however, make a sale or rental conditional on achieving a particular energy performance level. The current Polish rules should be confirmed before a specific transaction.
Practical document checklist
- A certificate covering the correct building or unit.
- The issue date and information about any renovations.
- The energy indicators and CO2 emissions used in the listing.
- Confirmation that the document will be delivered with the sale deed.
- For a rental: confirmation that the certificate will be given to the tenant when the lease is signed.
Those comparing offers can start with properties for sale in Poland and, when reviewing the capital market, also see houses for sale in Warsaw. In every case, listing information should be checked against the documents for the specific property.
Disclaimer: This is general information, not individual legal advice. Before a transaction, confirm the current requirements in applicable law and with a notary or qualified professional.