Incorrect energy certificate / proof of energy savings

Hello,

I hope someone can answer my question or is familiar with the matter. Our house construction is now completed and upon completion of the project we received all the documents from our architect once again. I noticed that the energy certificate, or the energy saving verification, was incorrectly created. Among other things, a ventilation system is listed there that we do not have...

The issuer of the certificate is our architect. What would happen in the case of a sale, or could we get into trouble? Who is liable for the issuance of the certificate?

You just have to have a new correct energy certificate issued when selling the house. If KFW funds were applied for, you made false statements and the whole thing has legal consequences. Then I would quickly seek a conversation with the architect. In principle, if agreed in the contract, you can insist on the issuance of a correct energy certificate. You must report this as a defect in writing to the architect and insist on rectification.

No, we have not applied for Kfw funds. The problem would therefore only exist if we were to sell the house at some point (which is not planned). If I now complain about this flaw in the ventilation system that is apparent to me and receive a new certificate that is still incorrect (which I, as a layperson, cannot verify), then the signatory issuer would be held liable, or am I as the builder "responsible"?

What do you mean by "dran"? I am not a lawyer, according to my understanding: If you know about the defect, you have to disclose it, otherwise it would be (fraudulent) deception. If you do not know that the certificate is incorrect, why should you be liable? Then you can shift the responsibility to the architect, as he signs for the accuracy of the energy certificate.

That’s true... Seen that way, you’re of course right and the exhibitor is liable for the things he messes up. I will address the other matter anyway... Thank you very much!