Concerning Energy Certificates issued for newly constructed buildings (as well as in case of renovations where calculations of the building’s energy performance are carried out – so-called "140%-rule"), the following special regulations from the "Transitional Provisions" according to § 28 of the current Energy Saving Ordinance (EnEV 2013) may apply:
- If for a building project the application for a building permit or respectively the building notice dates from before 1st May 2014, the regulations valid at the time of the application for building permit / the building notice are valid for this project.
- This generally applies to the Energy Certificate issued for this reason as well and without respect to the date of issuance of the certificate. It has to be issued according to the former regulations – i. e. using the template given by the ordinance applicable at that time (normally: EnEV 2009), without application of the new registration rules as well as using the formerly valid calculation procedures.
- Nevertheless, the current ordinance (EnEV 2013) in these cases demands an additional mentioning of the applied state of the ordinance at least in the header of page 1 (see § 28 (3a) EnEV 2013). This can even be done in handwriting as far as the software used does not foresee it in printing.