National Energy Audit Requirement: Facts & Fiction


The following was taken from the National Association of REALTORS® and can be found at  It was prepared the first week of May, 2010:

E-mail chains have circulated among members and are generating a lot of confusion in the REALTOR® ranks.

“Homeowners Listen Up” E-mail

Claim: Pending legislation in the Senate would require an energy license or retrofit for home sales. This email is FALSE: There is no requirement in H.R. 2454, The American Clean Energy & Security Act, that home sellers obtain either a license or energy audit or make energy retrofits before they can sell their home. The legislation, earlier passed by the House, is pending in the Senate.


Here are the two REAL provisions in the bill:

  1. Section 202 (Building Retrofit Program) would offer matching grants for home improvements. State government would administer the program, which is voluntary and available to all property owners.
  2. Section 204 (Building Energy Performance Labeling Program) would apply to new construction only and prohibit time-of-sale labeling. The original energy audit and MLS listing provisions were deleted as the result of NAR insistence; existing real estate was excluded from the bill’s requirements. NAR will work to ensure that these provisions are retained in the Senate version. We were also instrumental in eliminating time-of-sale energy efficiency requirements from the bill. Senators John Kerry (D-Mass.), Lindsay Graham (R-S.C.), and Joe Lieberman (I-Conn.) are pursuing bipartisan support for an alternative to the House bill, and NAR will monitor that progress to ensure residential and commercial real estate are not adversely impacted. A packet of facts and FAQs NAR created after the House bill was passed last summer is available at

More information on this issue and ALL National issues that affect real estate can be found at

e-ya later,