Energy efficiency has stopped being a footnote in the listing and now shapes the value — and the very sellability — of property. Buyers, sellers and landlords need to grasp two distinct things: what the law already requires and what the new European directive will require.
What is already mandatory today
Under the Energy Certification System (Decree-Law no. 101-D/2020), the energy certificate is mandatory for sale and for letting. Its number must appear in marketing advertisements, and the absence of a valid certificate exposes the owner to fines (ranging from a few hundred to several thousand euros for individuals, and far higher for companies). It is a document to have — valid and up to date — before putting the property on the market.
What the new directive (EPBD) brings
The revised Energy Performance of Buildings Directive points to a much more demanding regime, to be enacted in Portuguese law. Among the tools envisaged:
- a building Renovation Passport — a phased efficiency-improvement plan;
- minimum energy performance standards (MEPS), which tend to progressively penalise the worst-rated properties;
- restrictions on placing on the rental market properties below a given performance level;
- a path towards zero-emission buildings in new construction.
The specific dates and thresholds depend on the transposing legislation, which should be confirmed once published. The direction, however, is clear: energy-inefficient properties will be increasingly hard to sell and to rent.
What this means for buying, selling and renting
A property with a poor energy rating may face pressure on its value and constraints on being placed on the market. For the buyer, the energy rating becomes a due-diligence factor — not only for the energy bill, but for the future cost of adaptation and the asset’s liquidity. For the seller or landlord, acting on improvements early can be the difference between closing the deal and being left with a stranded asset.
What to do
Confirm the energy rating and the certificate’s validity; obtain an improvement estimate where it makes sense; and, in negotiation, translate the rating into price and terms. In a transaction, this is now a matter to handle as seriously as the registry and planning position.
Buying, selling or renting? Paulo Silva Silva, Lawyer, integrates the energy and regulatory analysis into the due diligence and the contract negotiation. Book a meeting or contact geral@advpaulosilvasilva.com · +351 916 055 901.
This article is general in nature and does not constitute legal advice. Decree-Law no. 101-D/2020, Directive (EU) 2024/1275 and the relevant transposing legislation should be confirmed in the version in force before any decision.