Energieausweis When Renting Out: 2026 Rules

What is the Energieausweis – and when do you need it?

The Energieausweis (energy performance certificate) documents a building's energy quality and makes its energy demand or consumption comparable for prospective tenants. Since November 2020 the governing law has been the Gebäudeenergiegesetz (GEG, the German Buildings Energy Act), which replaced the earlier Energieeinsparverordnung (EnEV).

The core duty for landlords: for a new tenancy you must present the prospective tenant with a valid Energieausweis or a copy no later than at the viewing – unprompted – and hand them a copy after the Mietvertrag (tenancy agreement) is concluded (§ 80 Abs. 4 in conjunction with Abs. 5 GEG).

Presentation and handover: what § 80 GEG requires

§ 80 GEG governs the use of the Energieausweis. For renting out, § 80 Abs. 5 GEG applies the same duties as for a sale (§ 80 Abs. 4 GEG):

• Present at the viewing (§ 80 Abs. 4 Satz 1 GEG): No later than the viewing you show the prospective tenant the Energieausweis or a copy. The duty is also met by a clearly visible notice or display during the viewing.
• Without a viewing: If no viewing takes place, the certificate must be presented at the latest on request (§ 80 Abs. 4 Satz 4 GEG).
• Handover after signing (§ 80 Abs. 4 Satz 5 GEG): Without delay after the Mietvertrag is concluded, you hand the tenant the Energieausweis or a copy.

Achtung: Presentation must be unprompted and timely. Showing the Energieausweis only on request, or only after the lease is signed, is not enough. A landlord who does not have it ready by the viewing risks an administrative offence under § 108 GEG.

Mandatory data in the property advertisement (§ 87 GEG)

If an Energieausweis already exists when you place a commercial advertisement (e.g. an online portal or newspaper), § 87 GEG requires you to include:

• the type of certificate (Bedarfsausweis or Verbrauchsausweis),
• the Endenergiebedarf or Endenergieverbrauch (final energy demand or consumption) stated in the certificate,
• the main energy sources for heating,
• the construction year of the residential building given in the certificate,
• the energy efficiency class (A+ to H) for residential buildings.

This duty applies to the Vermieter and any instructed Makler (agent) alike. Each individual advertisement without the correct data can be a separate offence.

Bedarfsausweis or Verbrauchsausweis – which one applies?

There are two certificate types. Which is permitted depends on the building's size and construction year.

Criterion	Bedarfsausweis	Verbrauchsausweis
Basis	Calculated energy demand from the building envelope and heating technology	Actual consumption over the last three years
Reliability	Objective, independent of occupants	Depends on the residents' heating behaviour
Required for	Residential buildings with up to 4 flats, Bauantrag before 1 Nov 1977, not modernised accordingly	Free choice for buildings with 5+ flats or Bauantrag from 1 Nov 1977
Cost	higher	lower

Rule of thumb: from five flats upwards, or for a Bauantrag on or after 1 November 1977, you may use the cheaper Verbrauchsausweis. Where you have the free choice, the decision is yours.

Validity and exemptions

An Energieausweis is valid for 10 years from its date of issue (§ 79 Abs. 3 GEG). Once expired it may not be used for a new tenancy – have a new one issued in good time.

No obligation applies to, among others, Baudenkmäler (listed monuments, § 79 Abs. 4 GEG) and small buildings with a usable floor area of up to 50 m². Simply continuing an existing tenancy without concluding a new contract triggers no presentation duty.

Step by step: how to stay on the safe side as a landlord

1. Before advertising: Check that a valid Energieausweis exists. If it is missing or expired, have a new one issued in good time.
2. Place the advert: Include all mandatory data under § 87 GEG in full in every advertisement.
3. Viewing: Present the Energieausweis unprompted, or display it visibly.
4. Signing: Hand the tenant a copy without delay and document the handover.

Common mistakes

• Showing the Energieausweis only on request instead of unprompted at the viewing.
• Omitting or incompletely stating the mandatory data in the advertisement (§ 87 GEG).
• Using an expired certificate (older than 10 years) for a new tenancy.
• Failing to document that the copy was handed to the tenant.
• Assuming a Verbrauchsausweis is always allowed – for small older buildings a Bedarfsausweis is required.

HausMaus makes this easier

In HausMaus you store the Energieausweis once in the digital document vault (Mietakte, the rental file) and share it with the tenant at signing – tied directly to the specific tenancy, so the handover under § 80 Abs. 4 and 5 GEG is documented. During Mietvertrag generation you keep the certificate and all other required documents in one place instead of hunting through email. Every new tenancy stays complete and provable.

Wohnen, geregelt. (Home, handled.)