Montgomery County, Maryland
Montgomery County recently passed legislation (County Council Bill 31-07) requiring that home sellers provide an energy cost and consumption history along with information on the benefits of home energy audits and energy-efficiency improvements.
The bill is intended to ensure that home buyers are informed of a home’s energy performance before sale and to help them take advantage of financing and other options that are available at the time of sale and financing.
When Does the Requirement Take Effect?: January 1st, 2009
What Types of Property Does the Law Apply to?:
Attached and Detached Single Family Homes
What Does the Law Require of the Seller?:
Before signing a contract for a home:
DOES require the seller to provide copies of electricity, gas, and home heating oil bills, or a cost and usage history, for the 12 months immediately prior to the sale; unless the home was previously unoccupied for the entire 12 month period. The seller must provide the buyer with the required information for the part of the prior 12 months, if any, that the seller occupied the single-family home.
DOES require the seller to provide the buyer with information, approved by the Montgomery County Department of Environmental Protection, to assist home buyers in making energy-conservation decisions.
Includes information on:
The benefits of home energy audits, such as information on Maryland Home Performance with ENERGY STAR http://www.mdhomeperformance.org/
Energy-efficiency improvements (e.g., insulation, home sealing, heating and cooling, lighting energy-efficiency, and financing options)
What the Current Law Does Not Require?:
DOES NOT require an energy audit to be conducted before the sale.
DOES NOT require an energy audit to be conducted as part of the home inspection.
DOES NOT apply to the initial sale of a new home.
How is it Being Implemented?:
The Montgomery County Department of Environmental Protection is working with the Greater Capital Area Association of Realtors (GCAAR) to develop an approach to disseminate information required by this law including:
Legal disclosure requirements.
Recommended format for disclosing home energy cost and consumption information.
Options for realtors to voluntarily disclose information relevant to a home’s energy performance such as occupancy, and thermostat set-points.
Process for sellers to communicate effectively with utilities and energy suppliers to obtain necessary utility histories.
Development of a package of energy-efficiency information to be disseminated through GCAAR (and approved by the Department of Environmental Protection).
What is on the Horizon?:
Montgomery County is evaluating options to address the greenhouse gas emissions, energy consumption and energy costs of the existing and new residential sector. While not a current requirement, the Sustainability Working Group (SWG) will evaluate options to encourage homeowners to conduct a home energy audit. This includes EVALUATING whether the County should require a home energy audit to be conducted before the sale of a single family home.
The County encourages members of the real estate community to participate in the SWG and its subcommittees. To learn more about the working group and options being considered visit www.montgomerycountymd.gov/dep
Who Should I Contact for More Information?
Eric R. Coffman, Senior Energy Planner,
Montgomery County
Department of Environmental Protection 240-777-7754, eric.coffman@montgomerycountymd.gov
Federal Energy Star
