Energieausweis when Renting: Tenant Rights (2026)

What is the Energieausweis and how does it relate to your tenancy?

The Energieausweis (energy performance certificate) is a standardised document that states how energy-efficient a building is. It assigns the building a class from A+ (very efficient) to H (very inefficient) and gives an energy value in kilowatt-hours per square metre per year. For you as a tenant it is, above all, an early warning of the heating costs you can expect.

The single most important fact first: when renting, the landlord must show you the Energieausweis unprompted, at the viewing at the latest (§ 80 Abs. 4 and 5 GEG). You do not have to ask. The listing itself must already state certain energy figures (§ 87 GEG).

The Gebäudeenergiegesetz (GEG, the Building Energy Act) took over and continued these rules from the former Energieeinsparverordnung (EnEV, the earlier energy-saving ordinance) in 2020. The GEG is the relevant law today.

When must the landlord show the Energieausweis? (§ 80 GEG)

The GEG sets out three clearly separate duties when renting:

1. In the listing (§ 87 GEG). If an Energieausweis already exists when the listing goes live, the mandatory details (type of certificate, energy value, energy source, year of construction, Energieeffizienzklasse) must appear in the commercial property listing.
2. At the viewing (§ 80 Abs. 4 GEG). At the viewing at the latest, the landlord or Makler (estate agent) must show or clearly display the Energieausweis to you unprompted. If there is no viewing, it must be presented without delay once you request it.
3. After the lease is signed (§ 80 Abs. 4 GEG). Without delay after the Mietvertrag (lease) is concluded, you must be handed a copy of the Energieausweis.

§ 80 Abs. 5 GEG makes clear that these rules of Absatz 4, written for sales, apply correspondingly to landlords and Makler in cases of renting, leasing, or finance leasing.

Achtung: The duty to present the Energieausweis is a regulatory duty, not part of your Mietvertrag. If the landlord fails to provide it, you can derive no Mietminderung (rent reduction, § 536 BGB) and no damages from that. The Energieausweis says something about the building, not about a defect in your specific flat.

Bedarfsausweis or Verbrauchsausweis: what to watch for

There are two types of Energieausweis. They tell you different amounts about the heating costs you can actually expect.

Feature	Bedarfsausweis (demand-based)	Verbrauchsausweis (consumption-based)
Basis	Technical calculation of the building fabric (insulation, windows, heating)	Actual heating and hot-water consumption over the last three years
Influence of residents	None – an objective building rating	Strong – depends on the previous tenants' heating habits
Usefulness to you	A reliable read on the building's energy quality	Only a rough indicator, skewed by prior use
Validity	10 years from issue	10 years from issue

A practical note: a Verbrauchsausweis with a good class can mislead if the previous tenants heated very frugally. The Bedarfsausweis is the more reliable yardstick for the building's energy quality.

What if the landlord will not provide the Energieausweis?

1. Request it politely before signing. Insist on seeing it at the viewing at the latest. A landlord who will not show it may simply not have one.
2. Demand the copy after signing. You are entitled to a copy (§ 80 Abs. 4 GEG). Ask for it in writing and set a short deadline.
3. Involve the authority. If the landlord stays inactive, you can report the breach to the competent state authority (often the Bauaufsicht or Bauordnungsamt, the building-supervision office). It can impose a fine of up to 10,000 euros (§ 108 GEG).
4. Stay realistic. You cannot reduce your rent over this – it is purely a regulatory matter, not a Mietmangel (rental defect).

Common mistakes

• Assuming you have to ask for the Energieausweis. It must be presented unprompted (§ 80 Abs. 4 GEG).
• Treating the Verbrauchsausweis as a heating-cost guarantee. It reflects the previous tenants' behaviour, not your future costs.
• Believing a missing Energieausweis justifies a Mietminderung. It does not – it does not become part of the Mietvertrag.
• Accepting an expired certificate. An Energieausweis is valid only ten years from issue (§ 79 Abs. 3 GEG); check the issue date.
• Not keeping the copy you were handed. Store it with the Mietvertrag – it belongs in your records.

HausMaus makes this easier

HausMaus walks you through your Mietvertrag point by point with its lease analysis and shows which documents you are entitled to – including the right to have the Energieausweis presented to you (§ 80 GEG). You store the copy you receive together with your Mietvertrag and Übergabeprotokoll (handover record) in your digital Mietakte (rental file), so every document sits in one place. The tenant features in HausMaus are free for tenants. Wohnen, geregelt. (Home, handled.)