Can a rental contract be stipulated without an APE? – News

L'Energy Performance Certificate (APE) provides information on the energy efficiency of a building. This document describes the energy performance of a building, classify them based on a scale from A4 (maximum efficiency) to G (minimum efficiency).

The classification is a fundamental parameter to achieve the green home objectives established by the EU Member States, with significant savings and a minimum reduction of polluting emissions.

The APE is a certification mandatory since 2010. But is this also the case for rental contracts? Can a rental contract be stipulated without an APE? For some properties, no certificate is required. However, let's see what happens in the case of rented accommodation.

READ ALSO: Guide to home energy classes: what they are and how they are calculated

Which goods do not require an APE?

The APE certificate is a mandatory document for most buildings in Italy, However, there are certain exceptions. They do not require an EPA the following types of properties:

  • Non-residential buildings;
  • Industrial and artisanal buildings (except those heated for production process reasons or with energy waste);
  • Agricultural and rural buildings without air conditioning system;
  • Garages, cellars, garages, parking lots, warehouses;
  • Sports facilities;
  • Buildings subject to restrictions (thus places of worship), including those regulated under the Cultural Heritage and Landscape Code;
  • Ruins;
  • Artifacts not attributable to the building definition (for example, greenhouses and outdoor swimming pools);
  • Buildings with an area of ​​less than 50 m2 (isolated buildings);
  • Unusable buildings;
  • Properties with short-term rental contracts (less than 30 days);
  • Buildings under construction which are not habitable/usable at the time of sale;
  • Buildings of cadastral category A10 (public offices), with an area of ​​less than 500 square meters;
  • Category B1 buildings (stately residences), with an area of ​​less than 500 square meters;
  • Buildings listed in the Cultural Heritage and Landscape Code.

Is the APE mandatory for rental housing?

The obligation of APE certification may vary depending on regional and local regulations, it is therefore always recommended check the status of regulations by consulting official documents and contact the relevant authorities. Indeed, failure to present the APE may result in administrative sanctions.

The APE is mandatory for rental housingHowever a rental contract without APE is legally valid. Hence the absence of the document this does not invalidate the contract, but the owner is punished. In addition, if the owner does not submit the document, the tenant has the right to terminate the contract within 12 months from the date of signing.

What happens if I rent without an APE?

As mentioned, the rental contract is valid, but the contracting parties risk one administrative fine fine from 3 thousand to 18 thousand euros to divide into equal parts.

This document can be drawn up by a qualified technician. Has a cost which varies depending on the surface area of ​​the property and the complexity of the survey, so it cannot always be produced in a short time. Because of that, it is advisable to request the APE before renting the property.

READ ALSO: Expired APE certificate: to be redone when renewing the rental contract

Is the APE mandatory in the rental contract?

In the same way as what is planned for real estate sales also in rental contracts subject to registration it is necessary to insert a specific clause with which the rented tenant declares having received the energy performance certificate (APE).

In the event of absence of the certificate, the owner must inform the tenant of the obligation and the consequences. risk of sanctions for both.

In summary, the rights and duties relating to APE certification for rental housing are exercised as follows:

  • the owner is required to give the APE to the tenant, even if he does not attach it to the contract;
  • the tenant must declare having received the APE by signing the specific clause of the contract;
  • non-delivery of the APE by the owner may result in sanctions;
  • failure to include the APE in the contract does not result in sanctions for the tenant;

Failure to present the APE when registering the rental contract will result in a penalty from 1000 to 4 thousand euros when the lease exceeds 3 years, otherwise it is reduced by half.

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