Before the purchase an energy performance certificate was briefly shown. After completion it is missing from your documents. The seller claims that the inspection was sufficient, or refers to a blanket waiver clause. First you must distinguish whether timely presentation, subsequent handing over, or both are in question. For this the EAVG provides different duties and consequences.
Presentation and handing over refer to two points in time
§4 EAVG 2012 requires in the covered case the timely presentation before the declaration of contract and the handing over within 14 days after conclusion of the contract. The certificate may be at the relevant time at most ten years old. The version applicable since 01.07.2026 also provides on request for paper, for example a printout. [VORLAGE]
Record what you actually received when or merely saw. A personal note “Energieausweis vorhanden” does not decide this distinction. Which certificate assignment fits the specific property must be examined separately; the article does not confirm any particular document as correct.
Classify an alleged exception concretely
§5 contains categories of exceptions. [AUSNAHMEN] Have it checked whether one of these actually applies in the specific acquisition. An old construction method, planned renovation or the word “Abbruchobjekt” will not be treated as sufficient proof of an exception here without examination.
If the duty exists, a general waiver formulation is also not automatically decisive: §8 declares the restrictions and exclusions of the statutory duties and consequences named there to be ineffective. [VERZICHT] The advice must assess the actual contract and facts.
Request the missing document in a way that can be evidenced
Our editorial recommendation: Keep the request, its receipt and the response. Specify the purchase and the missing handing over of the certificate concretely. If necessary, have the appropriate statement and the next legal step coordinated.
§7 para 2 regulates in the case of failure to hand over despite a request the judicial enforcement or self-procurement with a claim for replacement of reasonable costs within the statutory framework. For the claim for replacement of reasonable self-procurement costs the provision names a limitation period of three years from the conclusion of the contract. [FEHLEN] A blanket period for the handing-over action is not determined here. From this follows no blanket reimbursement of any freely chosen amount and no personal final deadline calculated here.
Hypothetical case: The screenshot does not automatically replace the missing file
A buyer photographed a section of an image showing key values during a conversation. After the purchase she does not receive the actual certificate despite asking. She initially treats the excerpt as a complete fulfilment, although assignment and scope of the document are unclear.
She now establishes what was actually presented and pursues the missing handing over separately. If she considers arranging procurement herself, she first has the prerequisites and cost framework clarified. The example does not determine a claim for compensation and does not assess the depicted certificate technically.
Do not understand the statutory consequences as an energy guarantee
§7 para 1 also addresses the agreed overall energy efficiency in the absence of timely presentation. [FEHLEN] This legal consequence is not a measurement and not a fixed forecast of your heating bill. For your further project you still need a correctly assigned document and, if necessary, technical advice. This is how the open document claim is handled, without equating a replacement rule with actually demonstrated building quality.