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Buying off‑plan in Germany: insist on an EPBD life‑cycle GWP report (Directive 2024/1275) for projects completing 2028–2030 — exact certificate to demand and sample contract wording
From 1 January 2028 (large new buildings) and 1 January 2030 (all new buildings) the EPBD requires the life‑cycle Global Warming Potential (GWP) of new buildings to be calculated and disclosed in the energy performance certificate. Off‑plan buyers must contractually require an EPC that includes the life‑cycle GWP calculated under Annex III of Directive (EU) 2024/1275 and Delegated Regulation (EU) 2026/52. This guide shows the exact certificate language to demand and gives sample English and German contract clauses to use now.
What changed and when — the hard dates you must know
The Energy Performance of Buildings Directive (recast) — Directive (EU) 2024/1275 — requires Member States to ensure that the life‑cycle Global Warming Potential (GWP) of new buildings is calculated in accordance with Annex III and disclosed in the building’s energy performance certificate. Member States must implement the Directive into national law by 29 May 2026. Under the timetable in the Directive, the life‑cycle GWP must be disclosed in the energy performance certificate for new buildings larger than 1 000 m² from 1 January 2028, and for all new buildings from 1 January 2030. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1757165346568&uri=CELEX%3A02024L1275-20260524&utm_source=openai))
The EU calculation framework (the delegated act) — what was published
The European Commission published a delegated regulation establishing a Union framework for how life‑cycle GWP must be calculated for new buildings. That delegated regulation (referred to by the Commission as Delegated Regulation (EU) 2026/52) and its calculation framework were published by the Commission on 4 May 2026 and entered into force on 24 May 2026. The delegated regulation provides the common methodology Member States should use when they place the life‑cycle GWP into their national energy performance certificates. ([energy.ec.europa.eu](https://energy.ec.europa.eu/news/calculation-framework-new-building-life-cycle-global-warming-potential-2026-05-04_en))
Exactly which certificate to demand when you buy off‑plan
Insist on an energy performance certificate (EPC / "Energieausweis") that explicitly includes a life‑cycle GWP figure calculated in accordance with Annex III of Directive (EU) 2024/1275 and the Commission delegated regulation establishing the Union calculation framework (Delegated Regulation (EU) 2026/52). In plain language, require: “An Energy Performance Certificate (Energieausweis) for the final building that discloses the building’s life‑cycle Global Warming Potential (GWP) calculated in accordance with Annex III to Directive (EU) 2024/1275 and Delegated Regulation (EU) 2026/52 (the ‘EPBD life‑cycle GWP report’).” Do not accept a seller’s generic “EPC will follow” promise — the EPC must show the life‑cycle GWP number and the method used. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1757165346568&uri=CELEX%3A02024L1275-20260524&utm_source=openai))
When to receive it and what to require in the off‑plan contract
You should require delivery of the final EPC including the EPBD life‑cycle GWP report well before notarisation (Beurkundung) and before final payment/transfer of title. A practical commercial deadline is delivery to the buyer at least 14 days before the notarisation appointment or a binding completion date, so the buyer and their adviser can verify compliance. The seller must warrant that the EPC's life‑cycle GWP was calculated under Annex III of Directive (EU) 2024/1275 and the Commission delegated regulation (EU) 2026/52. If the seller cannot produce a compliant EPC, the buyer should contractually reserve the right to (a) postpone/withdraw from the purchase and receive an immediate refund of any deposits; or (b) require the seller to place the deposit in escrow until a compliant EPC is delivered. These contractual remedies are examples — ask a German lawyer or Notar for enforceable wording. ([energy.ec.europa.eu](https://energy.ec.europa.eu/topics/energy-efficiency/energy-performance-buildings/energy-performance-buildings-directive/global-warming-potential-buildings_en?utm_source=openai))
Sample contract clause (English) — use with legal review
The Buyer requires and the Seller undertakes to deliver, no later than 14 calendar days before the notarisation (beurkundung) appointment, an Energy Performance Certificate (EPC / "Energieausweis") for the completed building that includes the building’s life‑cycle Global Warming Potential (GWP) calculated in accordance with Annex III to Directive (EU) 2024/1275 and Delegated Regulation (EU) 2026/52 (the “EPBD life‑cycle GWP report”). The Seller warrants that the EPBD life‑cycle GWP report is final, dated and signed by the issuing expert and prepared in accordance with the referenced EU rules. If the Seller fails to deliver a conforming EPC and EPBD life‑cycle GWP report by that deadline, the Buyer may elect (at the Buyer's option): (i) to terminate the contract with immediate return of all deposits and escrows; or (ii) to require that the deposit be placed in escrow until a conforming EPC and report are delivered. The Buyer’s election under this clause shall be without prejudice to any further legal remedies. This clause is without prejudice to the Buyer’s obligation to seek independent legal advice prior to notarisation.
Practical notes and risks for foreign buyers
Municipal practice and national transposition details vary. Member States had to transpose the Directive by 29 May 2026; national implementing rules will set how the life‑cycle GWP appears on the national EPC form and which experts may sign it. That means an off‑plan buyer signing a German purchase contract in 2026–2029 must be explicit about timing and remedies in the purchase contract today, because a seller might rely on national rule‑making to delay or change format. Ask a German lawyer or the notary (Notar) to convert the sample clause into wording that works with the local practice where the property sits. ([eur-lex.europa.eu](https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1757165346568&uri=CELEX%3A02024L1275-20260524&utm_source=openai))
Nothing on this page is investment, tax or legal advice. Price bands are indicative asking prices and disagree between sources by design. Verify every figure with a qualified German notary, tax adviser (Steuerberater) or lawyer before committing capital.
