A New Regulation: Energy Performance Certificate Requirement in Turkey

The Energy Performance Certificate (EPC) became mandatory for all purchase, sale, and rental of buildings and structures as of the date of 01 January 2020.

EPC is a document that includes information on the minimum energy requirement and the energy classification, insulation properties and efficiency of heating and/or cooling systems of a building. The aim of the EPC is to use energy and energy resources effectively and efficiently in buildings, to prevent the waste of energy and to protect the environment.

The Obligation of Energy Performance Certificate When Buying Property in Turkey

In accordance with the Energy Efficiency Law No. 5627 and the Regulations on Energy Performance in Buildings issued accordingly, the buildings that have gotten a building permit before 01 January 2011 are “existing buildings”; after the date, those that have gotten the permits are considered as “new buildings”. When new buildings are requested to submit the EPC to obtain the occupancy permit, a 10-year period is allowed to regulate the EPC for existing buildings or the buildings that did not obtain the permit before 01 January 2011.

As of 1 January 2020, a new regulation is announced to the public by the Land Registry and Cadastre Directorate to prevent the accumulation in the land registry offices. According to the regulation, in purchase, sale, and lease agreement transactions regarding immovables and independent sections in which buildings and structures are situated, it is considered valid for carrying out a transaction when it is written in the relevant place of the application document as following; when a building or an independent section owns the EPC during an application; “There is the Energy Performance Certificate. It has been given to me.” or in case of declaration of absence of EPC; “ I/We accept the sale/annotation of lease agreement transaction without having the Energy Performance Certificate.” However, there is no description available about by which date the regulation is valid by the Directorate of Land Registry and Cadastre and by which date that legal practice of having the EPC for all purchase, sale, and rental of buildings and structures in the Regulations on Energy Performance in Buildings has been mandatory.

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