Who Pays for the Energy Certificate? Tenants in Austria
The energy certificate informs about a flat's energy demand and can be relevant when re-renting or modernising. For tenants in Austria, the common question is who pays for issuing it, whether costs can be passed on in the rent and what disclosure duties the landlord has. This article clearly explains the relevant rental law rules, deadlines and typical dispute points, shows practical steps for documentation and lists authority contacts for those affected. The aim is to give you, as a tenant, guidance on how to check bills, request access and when legal action may be appropriate.
What is the energy certificate?
An energy certificate describes a building's energy demand or consumption. It is not part of the lease itself but can be relevant for advertisements, prospective tenants or renovations. There are differences between consumption- and demand-based certificates; both provide clues about insulation, heating and expected operating costs.
Who pays? Rules for tenants
- On re-renting, the landlord often covers the issuance costs, especially if the certificate is required in the advertisement.
- For modernisations or energy-saving measures, the cost issue can be contractually agreed; check your tenancy agreement carefully.
- Whether costs can be passed on in rent depends on statutory provisions and specific agreements.
- If providing the certificate is a landlord obligation, the landlord usually cannot simply shift the cost to current tenants.
Contractual agreements and legal basis
The legal framework concerning tenancy and expenses is derived from rental law and general contract law; in disputes, a close review of the contract and the law is advisable.[1]
What to do as a tenant
- Check bills and receipts (receipt): Request detailed evidence of cost items.
- Request in writing (form): Ask the landlord in writing for access to the certificate and cost documentation.
- Observe deadlines (deadline): Respond within set time limits, for example to reminders or information requests.
- If a dispute arises: consider court action (court): If no agreement is reached, the district court may be the next step.
FAQ
- Must the energy certificate be presented?
- There is no general obligation to present it to tenants in all cases, but re-rentals or advertisements may require disclosure; check the specific situation.
- Can the landlord pass the cost to the rent?
- Only under specific conditions and if contractually or legally permitted; blanket pass-throughs are not automatically allowed.
- Where can I find legal help?
- Contact the district court, legal advice centres or use the authorities' online forms and information to enforce your rights.[2]
How-To
- First check your tenancy agreement for clauses on cost liability.
- Request the energy certificate and a detailed invoice in writing.
- Document all invoices, emails and handovers as evidence.
- Seek legal advice or contact the competent authorities if you cannot reach an agreement.
Help & Support
- RIS: Legal texts and information
- Justiz.gv.at: Court and procedure information
- JustizOnline: Forms and e‑services
