Ilan Leibovitch & Co.Lawyer and real estate developer

If You Haven't Checked Energy Efficiency, You May Have Bought a Property With No Exit

January 24, 2026 · Adv. Ilan Leibovitch

When the developer signed the deal, it was 2025.

The market was still working. Banks were still financing. Deals were still closing. Not with the ease of the past, but whoever brought equity, a reasonable plan and a bit of experience managed to move forward.

The property was an existing residential building in a major European city. Not new, not a flagship project, but a good location, stable occupancy and a cash flow that justified the investment. Legal due diligence was carried out to the highest standard: clean registration, no irregularities, no debts, no surprises. The bank too, after quite a few questions, agreed to provide financing.

One question was hardly raised: what is the building's Energy Efficiency status.

Not because the developer was negligent. But because in 2026 there are still many developers who feel it is “nice to have,” not “critical.” After all, the building exists, the tenants pay, the bills get paid. 2030 sounds far away. Future regulation always sounds like something that will sort itself out “along the way.”

Except that in 2026 the contours of the problem can already be seen.

Banks are starting to ask questions. Not always to stop financing, but to price risk. Appraisers add remarks. Institutional investors insert clauses into their investment policies. Not “we won't buy,” but “we'll examine,” “we'll discount,” “we'll require adjustments.”

This is exactly where the gap many developers miss lies.

Energy Efficiency is not a binary event that will happen in 2030. It is a rolling process that begins years earlier, through financing, through regulation, and through the market itself.

Already today, in 2026, properties with a low energy rating are beginning to suffer from three cumulative pressures.

The first is financing pressure. A bank that understands that in a few years the property will require significant investment in upgrades sees this as a risk. That risk translates into interest, a lower LTV, or higher equity requirements. Not an outright refusal, but a less good deal.

The second is a certain future regulatory pressure. In Europe, the direction of the wind is clear: buildings that do not meet minimum energy standards will be required to upgrade in order to continue to be rented or traded. In the US, the picture is less uniform, but states and cities are already implementing reporting duties, fines and negative incentives for energy-wasteful properties. A developer who doesn't factor this in today is deferring an expense that won't go away.

And the third, and most critical, is future market pressure.

In 2026 it is still possible to sell almost any property to “someone.” In 2029 - 2030 that will no longer be so. A growing share of potential buyers - funds, institutional bodies, investment platforms - simply will not be able to purchase a property that does not meet a minimum energy standard, even if they want to. Not because of ideology, but because of internal restrictions, regulation, and reporting to their own investors.

And this is where the real risk is born: a property that cannot be sold.

Not a bad property. Not a losing property. But a property that requires a large and immediate investment just to become “acceptable.” An investment that was not planned, not budgeted, and at times not even simple to carry out in practice.

A developer who buys a property in 2026 without thoroughly examining the Energy Efficiency provisions may discover in a few years that the problem is not a drop in price, but the absence of buyers.

Therefore, an Energy Efficiency check is not a “sustainability” check. It is an Exit check.

Just like future taxation, just like building rights, just like the debt structure - it is a question of who will agree to buy the property from you, and on what terms.

Whoever understands this in 2026 can still choose: to upgrade, to price correctly, or to walk away from the deal.

Whoever ignores it will discover in 2030 that time did not work in his favor, but against him.

Stories are based on real situations, with identifying details changed. Not legal advice.

Translated from the Hebrew original. עברית

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