Up to PLN 5,000 fine for missing one document. The obligation applies to every property owner

Are you selling your apartment? Are you renting a house? If you do not provide one mandatory document, you may pay a fine of up to PLN 5,000. In 2026, the regulations are clear – the buyer or tenant must receive an energy performance certificate. Many owners still forget about this, exposing themselves to costly sanctions.

Energy performance certificate – what exactly does it mean?
In 2026, the obligation applies to three situations
Who is responsible for the lack of a document?
Fine of up to PLN 5,000 – when is the maximum penalty imposed?
How much does a certificate cost in 2026?
How long is the document valid?
Can you avoid the obligation?
Why does the state enforce this obligation?

In 2026, the lack of an energy performance certificate when selling or renting a property may cost the owner up to PLN 5,000. Importantly, the obligation does not apply only to new buildings. It also includes apartments in blocks of flats from the 1970s, 1980s and 1990s, as well as houses completed many decades ago.

This is still a surprise for many owners. Meanwhile, the regulations are clear and the sanctions are real.

Energy performance certificate – what exactly does it mean?

An energy performance certificate is a formal document prepared by an authorized person entered in a central register. It specifies:

indicator of annual demand for useful energy (EU),
final energy (EK),
primary energy (EP),
CO₂ emissions level,
share of renewable energy sources,
energy class of the building or premises,
modernization recommendations.

The document allows you to estimate the actual costs of heating, ventilation, cooling and hot water preparation. For the buyer or tenant, it is information about future operating expenses.

In 2026, the obligation applies to three situations

According to current regulations, at the beginning of 2026, a certificate must be possessed and submitted in the event of:

Real estate sales – the document is handed over to the buyer.
Renting an apartment or house – the certificate must be received by the tenant when concluding the contract.
Construction completion – a copy is attached to the notice of completion of construction or the application for an occupancy permit.

The obligation applies to both entire buildings and independent residential premises.

Who is responsible for the lack of a document?

Only the owner (or seller). There are no financial consequences for the tenant or buyer.

If the document is not provided when concluding a sales or rental agreement, the owner is exposed to criminal liability.

Fine of up to PLN 5,000 – when is the maximum penalty imposed?

The maximum fine is up to PLN 5,000. In practice:

in the case of a single failure to fulfill the obligation, sanctions are often lower,
in the event of conscious evasion of the obligation or persistent violation of the regulations, the court may impose a penalty in the upper limits.

The amount of the penalty may therefore exceed the cost of preparing the certificate several times.

How much does a certificate cost in 2026?

At the beginning of 2026, market rates remain at:

PLN 400–700 – apartment,
PLN 600–1,000 – single-family house,
from PLN 1,000 and up – larger or non-standard objects.

The price depends on the location, technical documentation and the complexity of the building.

How long is the document valid?

The certificate is valid 10 yearsprovided that no significant changes affecting the energy performance have been made, such as:

replacement of the heat source,
thermal modernization,
replacement of window joinery,
installation of renewable energy installations.

In case of modernization, it is necessary to prepare a new certificate.

Can you avoid the obligation?

In 2026, the list of exceptions is narrow. The obligation does not apply to, among others:

buildings with a usable area of less than 50 m² (detached),
historic buildings in certain cases,
some low-energy farm buildings.

In the case of standard apartments and single-family houses, exemptions do not apply in practice.

Why does the state enforce this obligation?

The purpose of the regulations is:

increasing the transparency of the real estate market,
reducing energy consumption,
implementation of national and EU climate goals,
promoting thermal modernization.

The energy certificate becomes an element comparable to the price per square meter – it affects the market value of the property.

The cost of the document is calculated in hundreds of zlotys versus the risk of a fine of up to PLN 5,000. In the current legal situation, the lack of an energy performance certificate when selling or renting real estate is a real and easy to detect violation. For owners of apartments and houses, it is an obligation that should not be ignored.