Energy Performance Certificate for a Flat in Poland – Who Issues It and What It Costs

You must have an energy performance certificate for a flat if you sell or let it – on a sale you hand it to the buyer on the day of the notarial deed, and the buyer cannot waive it. It is prepared only by a person entered in the list kept by the minister in the central register, the document is valid for 10 years, and for a flat in a block you usually pay from about PLN 130 to 300. Below: when it is needed, who is responsible if it is missing, what the EU, EK and EP indicators mean and what the A–G scale will change.

Key facts

• Since 28 April 2023 the certificate has been mandatory when selling a flat (also a cooperative ownership right) and when letting – neither the buyer nor the tenant can waive it (art. 11 para. 4 of the Act).
• Failing to hand over the certificate carries a fine of PLN 20 to 5 000 (art. 41 of the Act in conjunction with art. 24 § 1 of the Code of Petty Offences); the notary records the handover in the deed or warns of the penalty.
• The certificate is valid for 10 years from the date it was prepared, unless you earlier change the unit's energy performance (e.g. replace windows or the heat source).
• Indicative prices for a flat: about PLN 130–300 in online offers, up to about PLN 500 with a visit and a larger floor area (company price lists, September 2026).
• Directive (EU) 2024/1275 introduces a uniform scale of classes A–G; the transposition deadline passed on 29 May 2026, but the Polish Act has not yet been amended – current certificates do not contain a letter class.

When is an energy performance certificate mandatory when selling a flat?

The basis is the Act on the energy performance of buildings (consolidated text Dz.U. 2024 item 101). According to art. 3 para. 1 the owner of a unit (or a person with a cooperative right to the unit) ensures that a certificate is prepared when selling or letting the unit. Art. 11 para. 1 sets the moment of handover: the buyer receives the certificate when the notarial deed is drawn up, the tenant – a copy or printout when the lease is concluded.

Before the amendment that entered into force on 28 April 2023, the buyer could release the seller from the duty to hand over the certificate. Today art. 11 para. 4 expressly rules this out. If you live in your own unit and are neither selling nor letting it, you do not need a certificate.

Situation	Is a certificate needed?	Who is responsible	Penalty for lacking one
Sale of a flat with a land and mortgage register (separate ownership)	Yes – you hand it over at the notarial deed	Seller (owner)	Fine of PLN 20–5 000
Sale of a cooperative ownership right to a unit	Yes – at the notarial deed	The person holding the right	Fine of PLN 20–5 000
Letting a flat (also occasional tenancy)	Yes – a copy or printout when signing the lease	Landlord	Fine of PLN 20–5 000
Buying a new flat from a developer	Yes – at the contract transferring ownership	The developer as transferor	Fine (also for the person acting on behalf of the company – art. 41 para. 2)
Used flat for own needs	No	–	–
Gift, inheritance, exchange	The Act expressly mentions sale and letting; for other contracts ask the notary	Transferor	Depending on how the contract is classified
Advert for sale or letting when a certificate already exists	It must state the EU, EK, EP indicators, the renewable energy share and CO2 emissions (art. 13)	The owner or an agent acting on their instructions	Art. 41 provides for no separate fine

The Act exempts, among others, buildings protected under the rules on the protection of monuments, residential buildings used no longer than 4 months a year and detached buildings under 50 m² (art. 3 para. 4). The provision speaks of a building – if you are selling a flat in a tenement entered in the register of monuments, establish with the notary whether the exemption covers your unit. The certificate is only one of the documents for the deed – the full list is in the article documents for selling a flat.

Penalty for lacking an energy performance certificate – who pays it?

Art. 41 para. 1 point 3 of the Act provides that anyone who fails to perform the duty from art. 11 para. 1 is liable to a fine. The Act gives no amount, so the general rule of the Code of Petty Offences applies: the fine is from PLN 20 to 5 000 and is imposed in petty-offence proceedings (art. 42). The penalty may fall on the seller, and in the case of companies (e.g. developers) – also on the person acting on their behalf (art. 41 para. 2).

A missing certificate does not invalidate the sale contract – the notary may draw up the deed, but must record in it that the certificate was not handed over and warn the seller of the fine (art. 11 para. 6). It is cheaper and calmer to order the document before publishing the advert – then you can state the required indicators in it straight away.

Who can issue an energy performance certificate?

The certificate is prepared only by a person entered in the list of qualified persons kept in the central register of the energy performance of buildings (art. 16a and art. 31 para. 1 point 1). The minister responsible for construction enters on the list a person who (art. 17):

• has full legal capacity and has not been convicted, among others, of offences against property and the reliability of documents;
• has completed engineering studies or other higher education plus postgraduate studies in the energy performance of buildings – or holds construction qualifications.

The qualified person must hold mandatory liability insurance and keep the certificate for 10 years (art. 20). The certificate cannot be prepared by the owner or manager of the unit themselves (art. 16) – even if they have the required qualifications. Each certificate is generated in the central register and receives a number; it may be in paper or electronic form (art. 5).

The central register of the energy performance of buildings – how to check the contractor and the certificate

The register is kept by the Ministry of Development and Technology at rejestrcheb.mrit.gov.pl. In the public view you will find the list of persons qualified to prepare certificates (name, entry number and date) and the list of certificates with the address, date of issue, expiry date and indicators (art. 32). Before ordering, check whether the contractor appears on the list; the buyer can check there the number of the certificate received. If a certificate contains errors, you can apply to the minister for its verification (art. 36 para. 2).

How much does an energy performance certificate cost in 2026?

Prices are not regulated – the contractor sets them. According to public company price lists (September 2026), the cheapest online offers for a flat start at about PLN 130–150, typical ones are PLN 150–300, and with a visit or an unusual installation – up to about PLN 500 and more.

Type of order	Indicative price	When to choose
Flat in a block, ordered online, data and photos sent by the owner	about PLN 130–200	A typical flat with district heating, known year of construction
Flat in a block, standard offer of a local firm	about PLN 200–300	You want a consultation or an urgent date
Larger unit, site visit, unusual heating (e.g. own boiler, heat pump)	about PLN 300–500 and more	No documentation, alterations, a tenement

Example: how much is that in relation to the price of the flat?

The median price of a 2-bedroom flat in our offer in Wroclaw is PLN 662 405, and in Warsaw PLN 755 824 (according to TM Invest offer data as of 27.09.2026). If you sell a similar flat and pay PLN 250 for the certificate, then:

• Wroclaw: PLN 250 ÷ PLN 662 405 = about 0.038% of the price;
• Warsaw: PLN 250 ÷ PLN 755 824 = about 0.033% of the price;
• the maximum fine of PLN 5 000 is 20 times more than the cost of the certificate.

The certificate is valid for 10 years, so at this price it works out at PLN 25 a year.

Preparing a flat for sale and do not want to keep track of each document separately? Order a valuation and a sales plan – we will check what is missing and take you through the sale up to the notarial deed.

The EU, EK and EP indicators – what do they mean in the certificate?

The model certificate is set by the regulation on the methodology for determining energy performance (Dz.U. 2015 item 376, last amended Dz.U. 2023 item 697). All three main indicators are given in kWh per square metre per year – and for each of them the lower the value, the better.

Indicator	What it measures	What it tells the buyer
EU – useful energy	Heat losses through the envelope and ventilation minus heat gains, plus hot water	Quality of the building "shell": insulation, windows, airtightness
EK – final energy	Energy supplied to the unit including installation losses	Closest to the bills – efficiency of the installation and heat source
EP – non-renewable primary energy	EK plus the inputs needed to produce and deliver the energy carrier	Environmental impact; compared with the requirements for new buildings
Renewable energy share and CO2 emissions	Percentage of energy from renewable sources and emissions in t CO2/(m²·year)	The "greenness" of the heating

The calculation method assumes standard use, so the certificate will not show actual bills. It does, however, let you compare flats: a unit with EP of 80 kWh/(m²·year) is clearly more economical than a unit with EP of 250 kWh/(m²·year). With a high EP the certificate contains recommendations on what to improve – worth knowing before negotiations.

A new flat from a developer – does the developer hand over the certificate?

Yes. The developer, transferring ownership of the unit to you, is the transferor and has the same duty under art. 11 para. 1 point 1 – the certificate for your unit should be handed over at the deed. In addition, the investor must attach the building's energy performance certificate to the notification of completion of construction or the application for an occupancy permit (art. 57 para. 1 point 6a of the Construction Law, consolidated text Dz.U. 2026 item 524). A unit's certificate can be prepared on the basis of the building's certificate or the technical documentation (art. 9 para. 1).

A practical tip follows for the seller: if you bought a flat from a developer in recent years, check the date of the certificate in the folder with the deed. A document prepared e.g. in 2019 is valid until 2029 and you can hand it to the buyer – provided that in the meantime you have not replaced the windows or the heat source or insulated the unit (art. 14 para. 2). Certificates handed over before 28 April 2023 remain valid for the period for which they were prepared. Do you not have a certificate for the unit, but there is one for the building? The manager or association must hand you a copy free of charge (or the technical documentation) within 14 days of your request (art. 9 para. 2) – this will speed up and ease the contractor's work.

If you are selling in order to buy a new flat, compare offers from buildings already completed – in our catalogue there are 673 of them in developments in Warsaw and 428 in developments in Wroclaw (as of 27.09.2026).

How do you order an energy performance certificate for a flat?

For a typical flat in a block many firms promise delivery within 24–72 hours. The contractor must take into account the parameters of the structure, installations and heat source (art. 4 para. 2), so prepare:

• the address, land and mortgage register number, usable floor area and the unit's floor plan (e.g. from the developer contract or a survey);
• the year the building was built, information on insulation and window replacement;
• the type of heating and hot water preparation (district network, gas, boiler, heat pump, electric heater) and the type of ventilation (natural, mechanical);
• photos of the radiators, windows and heat source, or a copy of the building's certificate or documentation from the manager.

After receiving the certificate, check the address, area and the number from the register, and add the EU, EK, EP indicators, the renewable energy share and CO₂ emissions to the advert (art. 13). A complete document early also means a shorter time to the deed – how long the individual stages take we write in the article how long it takes to sell a flat, and about preparing the offer in the guide how to sell a flat quickly.

The EPBD directive and the A–G scale – what will change?

The amended Energy Performance of Buildings Directive – Directive (EU) 2024/1275 – requires certificates to state the energy class on a closed scale from A to G: A means a zero-emission building, G – the worst buildings in the national stock (art. 19 para. 2). The validity of a certificate may not exceed 10 years. Member States were to transpose these rules by 29 May 2026 (art. 35).

At the end of September 2026 no amendment of the Polish Act implementing the A–G scale had been published in the Journal of Laws – the last changes to the Act on the energy performance of buildings date from 2023. Certificates issued today therefore contain no letter class, and those already prepared remain valid.

Frequently asked questions

Summary

An energy performance certificate for a flat is, on a sale, an obligation that cannot be contracted out of: you hand it to the buyer at the notarial deed, and a missing one carries a fine of up to PLN 5 000. The document is prepared by a person from the list in the central register, usually costs PLN 130–300 and is valid for 10 years. Order it before publishing the advert – then you can state the required indicators straight away, and the notary will not have to record its absence in the deed.

Planning a sale and want to get through it without surprises? Order a valuation and a sales plan – we will help you assemble the documents, prepare the advert and carry out the transaction. You will also find all the stages in the guide selling a flat step by step.

Legal position as of September 2026. The article is for information only and is not legal advice. Certificate prices are indicative (ranges from public company price lists, September 2026), and the calculations are examples; whether exemptions apply in a specific transaction is decided by the notary.

Sources

• Act on the energy performance of buildings, consolidated text Dz.U. 2024 item 101 – art. 3, 4, 5, 8, 9, 11, 13, 14, 16, 16a, 17, 20, 31, 32, 36, 41, 42.
• Act of 7 October 2022 amending the Act on the energy performance of buildings and the Construction Law, Dz.U. 2022 item 2206 – entry into force 28.04.2023, art. 4 (validity of existing certificates).
• Regulation on the methodology for determining the energy performance of a building or part of a building and on energy performance certificates, Dz.U. 2015 item 376, amended by Dz.U. 2023 item 697 – model certificate and explanation of the indicators.
• Construction Law, consolidated text Dz.U. 2026 item 524 – art. 57 para. 1 point 6a.
• Code of Petty Offences, consolidated text Dz.U. 2025 item 734 – art. 24 § 1.
• Directive (EU) 2024/1275 of the European Parliament and of the Council on the energy performance of buildings – art. 19, art. 35.
• Central register of the energy performance of buildings – lists of qualified persons and certificates (Ministry of Development and Technology).
• Ministry of Development and Technology – Energy performance certificates.
• Flat prices: TM Invest investment catalogue, as of 27.09.2026.