The property energy class certificate (the Italian Attestato di prestazione energetica APE): let’s try to understand its nature and contents, as well as the real estate purchasing regulation.
On the occasion of a real estate purchase it is fundamental that the vendors, in order to stipulate the final deed of sale, give to the notary some documents regarding the property. A.P.E is one of them too. The property energy class certificate identifies, through a scale of 10 letters – from A4 to G – attributing the so called energy class to the buildings, the annual energy needs for the winter and summer air-conditioning systems in respect of their standard use and the property urbanistic function. Moreover, this document includes also some specific advices aimed to improve the property energy class.
Basically, the A.P.E. is aimed to evaluate the economic effectiveness of the purchase and, with regard to its energy usage, the property lease and the possible and useful energy efficiency works to do. So, it orients the market towards the best leased properties too.
The A.P.E. is created by an “accredited person” owing specific competences on this field. It is called certificatore energetico: usually, he/she is a specialist of the buildings and systems planning. According to law, he/she is also subjected to some remarkable civil and penal responsibilities.
In accordance with D.lgs 192/2005:
The certificate has a maximum validity of 10 years from the date of its release and it is updated every time a renovation or requalification work modifying the building energy class is done.
The A.P.E. creation is mandatory in the cases provided for in Law 90/2013, i.e.:
– Purchase: for payment transferring (e.g.: deed, exchange)
– Donation: free transferring
– Building renting or single real estate units renting
– Properties for sale or for rent advertisements (in order to establish the property energy class, i.e. the yearly total amount of energy used for the air-conditioned building per every surface square metre)
– New constructions at the end of the works
– Important renovations, when works involve more than the 25% of the property shell (walls and roofs)
– Public or opened to the public buildings
– For all the new or renewed agreements about the managing of the heating and air-conditioning systems of public buildings
Art. 6, par. 2 of D.lgs 192/2005, as modified by Law 90/2013, stands that:
In case of sale, of free property transferring or of properties new lease, if the building or the unit is not equipped with the A.P.E. yet, the owner has to make it.
In the real estate selling and buying field, A.P.E. has to be attached to the documents which have to include a specific clause where the buyer declares the receiving of the full documents by the vendor. According to law, the non-attachment of the A.P.E., even if not implicates the contract invalidity, brings to an administrative sanction (3.000,00€ – 18.000,00€) which has to be jointly paid by both the parties.
So, there is a real endowment, attaching and delivery duty which is valid for all the for payment transferring documents.
D.L. 63/2013 has finally introduced a new regulation for the selling negotiation. As a consequence, the preliminary contract, by sanctioning the A.P.E. endowment duty in occasion of the deed of sale signing, is included too. If the owner decides to put his/her property on the market, he/she has to make the A.P.E. available to the potential buyer since the very first moment of the negotiation. Once the negotiation is closed, and no later than the deed signing, it has to be delivered to the buyer.
There is no legal duty in relation of the A.P.E. attachment to the preliminary contract. Indeed, the regulation applies to the documents producing property transferring effects only. For this reason, by producing mandatory duties, preliminary contracts are not included.
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