Energy Performance Certificates and Minimum Energy Standards
Is there a mandatory form of energy performance certification? When does it apply and are there any prescribed minimum standards?

In accordance with Directive 2002/91/EC, Poland has introduced energy certificates for real property. Since April 2023, having an energy certificate for a building is mandatory, and failure to have one is subject to a fine. The energy evaluation system for buildings was introduced based on amendments to the Act of 7 July 1994, Construction Law (“Construction Law”) and functioned in compliance with those provisions until 9 March 2015. From 9 March 2015, the energy evaluation system has been functioning in accordance with the provisions of the Act on Energy Performance of Buildings of 29 August 2014.

Energy certificates are drawn up according to an energy evaluation that determines a building’s integrated energy performance. Once the integrated energy performance has been determined, the corresponding energy class is then allocated to the building. The energy certificate is valid for 10 years. In 2023, there were ongoing consultations regarding the introduction of a classification of buildings on a scale from A+ to G, while the latest amendment to the regulation has not yet included certificates in this change. However, due to the planned introduction of the directive on the neo-energy performance of buildings, Poland will have to implement the obligations that arise in it, which will require additional time.

The energy efficiency audits described in the Act on Energy Efficiency (AEE) dated 20 May 2015 are mandatory for entities claiming so-called “white certificates” (for more details, please see the "Incentives for green retrofit" section). The AEE describes the procedure for conducting the audit and the entities authorized to conduct it.