When Is a Demand Certificate Mandatory?
Until 31 December 2026, the previous certificate rules apply: for many small older buildings the demand certificate is mandatory. From 1 January 2027, Article 2 of the Building Modernisation Act takes effect — and in many cases owners may choose the consumption certificate again. You tell which rules apply from the issue date and four details about the reason and the building. Anyone who knows the transition rules orders the right certificate type in good time, even in the middle of an ongoing sale or rental.
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The Building Modernisation Act (GModG) was promulgated on 28 July 2026 (Federal Law Gazette 2026 I No. 226) and renamed the Building Energy Act (GEG). Article 1 has applied since 29 July 2026; the newly worded certificate provisions in Article 2 apply from 1 January 2027. This article therefore separates two periods: the previous sections 79 to 88 until 31 December 2026 (still called “GEG” in the text) and the new version from 1 January 2027. The overview of the reform is in the article GModG promulgated: The new energy certificate arrives on 1 January 2027.
When an energy certificate becomes due
That an energy certificate is needed is usually clear quickly: anyone who sells, rents out, leases or lets a building or a flat needs a valid certificate (section 80(3) sentence 1 GEG), and from 2027 the extension of a rental, lease or leasing contract triggers this obligation as well. Deadlines, listing details and fines are explained in the article Energy certificate obligation in Germany.
Which certificate type you need depends on four details: the occasion, the issue date, the building permit application together with the number of dwellings, and the use together with the consumption data. The issue date counts because the previous provisions apply until 31 December 2026 and Article 2 of the GModG from 1 January 2027. If the certificate is issued in December, the 2026 rules apply — regardless of when the notary appointment takes place.
Until 31 December 2026: These cases force the demand certificate
Because until the end of the year the law mainly keys off age and building size, the demand certificate requirement in this period applies mainly to small older buildings. Section 80(3) sentence 2 GEG prescribes the demand certificate for residential buildings with fewer than five dwellings whose building permit application was filed before 1 November 1977. The obligation falls away only if the house reached the thermal insulation level of the Thermal Insulation Ordinance of 11 August 1977 at completion or through later changes. Without this proof, the demand certificate is prescribed. How the proof can be provided is explained in the article on the free choice for all residential buildings.
The obligation exists only if three features coincide:
- It is a residential building with fewer than five dwellings.
- The building permit application was filed before 1 November 1977; what counts is not the year of construction.
- Proof of the 1977 thermal insulation level is missing.
Regardless of age, section 80(1) and (2) GEG requires the demand certificate for new buildings and for changes for which the whole building is recalculated. The law prescribes the demand certificate here, and nothing changes in 2027. What additionally counts for new buildings and larger modernisation is explained in the article Energyausweis Smart™ experiences.
In all other cases you may choose between the demand certificate and the consumption certificate today (section 79(1) GEG). If the consumption data under section 82 are complete, you can choose the consumption certificate: bills covering at least 36 consecutive months, with the most recent billing period ending no more than 18 months ago (section 82(4) GEG). If the data are incomplete, the route practically leads to the demand certificate. Mixed use alone does not prescribe the demand certificate today: section 82 also applies to non-residential buildings, and section 106 GEG treats building parts with substantially different use separately.
From 1 January 2027: What falls away and what stays
This is why the trigger shifts at the turn of the year: no longer age and size, but use and data situation decide. Article 2 of the GModG rewrites section 80(3). Sentence 2 now names only non-residential buildings. The special rule for small residential buildings with a building permit application before 1977 is no longer in the law. In the statutory text, the demand certificate is then called “energy certificate based on an energy balance”; in everyday use it remains the demand certificate.
Example: A house with three dwellings, building permit application in 1966, never refurbished. If you have the certificate issued on 15 December 2026, the demand certificate is mandatory, and it remains valid for ten years. If you have it issued on 5 January 2027, you may choose, provided the building is used exclusively for residential purposes and the consumption data are available.
The demand certificate remains mandatory for new buildings and for changes with a full recalculation, because section 80(1) and (2) continue to prescribe the energy balance. The same applies to non-residential buildings, because section 80(3) sentence 2 requires an energy balance under section 81 for them, and the consumption certificate is no longer open to them. A residential building with a shop, practice or office also stays with the demand certificate, because section 82(1) limits the consumption certificate to buildings used exclusively for residential purposes.
Even where the law allows a choice, section 82 requires data for the consumption certificate: final energy consumption must be recorded annually over two years, broken down by energy source, and the most recent billing period may end no more than 18 months ago. If the values are complete, you can choose the consumption certificate in 2027; otherwise the route leads to the demand certificate. The full data rules are explained in the article Order the consumption certificate now.
Listed buildings (Baudenkmäler) no longer fall outside the certificate obligation from 2027. What that means for sale and rental is in the article Listed buildings from 2027.
When both certificates are permitted
If you may choose, the law does not decide, but what the certificate is meant to show. The consumption certificate reflects your heating behaviour and is usually the cheaper option if the data are available. The demand certificate calculates the energy properties of the building and thus shows buyers and bank advisers the condition of the house, independent of the residents' behaviour. When which certificate pays off is explained in the article on the free choice for all residential buildings, and the guide Understanding the energy certificate puts key figures and classes in context.
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Decision in 60 seconds
These rules lead to a table that you compare with your situation. Have the four details ready first:
Four details that decide the obligation
| Situation | Demand certificate mandatory? | Next step |
|---|---|---|
| New building or change that requires the whole building to be recalculated | Yes, today and from 2027 | Order the demand certificate |
| Residential building with fewer than five dwellings, building permit application before 1 Nov 1977, no proof of the 1977 thermal insulation level, issued by 31 Dec 2026 | Yes | Order the demand certificate |
| The same house, issued from 1 Jan 2027 | No, you may choose if the building is used exclusively for residential purposes and the consumption data under section 82 are available | Start the certificate check, read about the free choice |
| Apartment building with five or more dwellings, and a condominium unit in such a building | No, you may choose if consumption data are available (the certificate covers the whole building) | Start the certificate check, read the articles on apartment buildings and condominium units |
| Residential building with a shop, practice or office | No until 31 Dec 2026, yes from 1 Jan 2027 | Clarify the issue date, start the certificate check |
| Non-residential building | No until 31 Dec 2026, yes from 1 Jan 2027 | Start the certificate check |
| Consumption data incomplete or not yet gathered | Legally no, practically yes | Order the demand certificate |
| Listed building (Baudenkmal) | Certificate required from 2027, certificate type according to the general rules | Read the article on listed buildings |
How to clarify the obligation and order the demand certificate
Once the obligation is settled, only a few steps remain until the finished certificate.
- Fix the issue date. Decide whether the certificate is to be issued by 31 December 2026 or from 1 January 2027, because the rules depend on it.
- Check the building permit date and number of dwellings. Look up the date of the building permit application and the number of dwellings in the building documents.
- Clarify use and consumption data. Check whether the building is used exclusively for residential purposes and whether bills for the required periods are available.
- Compare the table. Find the row in the decision table that matches your situation.
- Clarify open rows with the certificate check. The certificate check leads to the certificate that suits your building.
- Order the demand certificate. Order it online at a fixed price of €99 and have it ready before you place the listing.
How ordering and documents work is explained in the article Order a demand certificate online. If you want to compare portals, see the short comparison of demand certificate providers 2026.
Create your demand certificate online now — €99 fixed price
Which certificate fits?
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Frequently asked questions
Do I have to take a demand certificate, or may I choose?
That depends on the issue date. Until 31 December 2026, the demand certificate is mandatory for new buildings, for changes that require a full recalculation, and for residential buildings with fewer than five dwellings, a building permit application before 1 November 1977 and no proof of the 1977 thermal insulation level. In all other cases you may choose. From 1 January 2027, the rule for older buildings no longer applies; the obligation remains for new buildings, changes and non-residential buildings.
Does my house from 1968 still need a demand certificate from 1 January 2027?
Not because of its age alone. The special rule for residential buildings with fewer than five dwellings and a building permit application before 1 November 1977 is no longer in the new version of section 80. You may then choose between the two certificates if the building is used exclusively for residential purposes and your consumption data meet the requirements of section 82. What counts is when the certificate is issued.
Do I have to take a demand certificate for a residential building with a shop or practice?
Until 31 December 2026, the law does not prescribe the demand certificate for mixed use alone. From 1 January 2027, section 82(1) permits the consumption certificate only for buildings used exclusively for residential purposes. With a shop, practice or office, the demand certificate is then the permissible route.
What applies if I do not have consumption data?
Then the route practically leads to the demand certificate, even if you were legally free to choose. Until 31 December 2026, section 82(4) requires bills covering at least 36 consecutive months; from 1 January 2027, consumption data recorded annually over two years, broken down by energy source. In both cases the most recent billing period may end no more than 18 months ago.
Do I need a demand certificate for a new building?
Yes. For new buildings, section 80(1) requires the certificate to be based on the calculation of the finished building, today as a demand certificate and from 2027 as a certificate based on an energy balance under section 81. The same applies to changes for which the whole building is recalculated.
Conclusion
The demand certificate is mandatory for new buildings, for changes with a full recalculation and, until the end of 2026, for small older buildings with a building permit application before 1977. From 2027 the link to the year of construction falls away; use and consumption data count instead: for non-residential buildings and mixed use the demand certificate is then prescribed; with complete consumption data, pure residential buildings often retain a choice. Because the issue date determines the rules, it pays to check before ordering. The overview of the reform is in the article GModG promulgated.