The National Legislation regarding the Energy Performance of Buildings

The Law No. 372/2005, which is the main normative act in the field of energy performance of buildings, entered into force in January 1st, 2007, and is subject to a modification legislative proposal in order to comply with the new provisions of EPBD recast. The new version of the Law No. 372/2005 is expected to come in force this year.

The version in force of the Law No. 372/2005, which is obsolete, regulates the following areas:

The general framework of the methodology for the calculation of the energy performance of buildings

The application of several minimum requirements regarding the energy performance of new buildings

The application of several minimum requirements regarding the energy performance of existing buildings that are being renovated

The energy certification of buildings

The inspection and assessment of boilers and heating/cooling systems

The main requirements for the energy efficiency of buildings introduced by this law were the following:

Starting with January 1st, 2007 all new buildings and public buildings need to be evaluated and have an energy performance certificate

The same provision is applicable for all types of buildings (existing construction) starting with January 1st, 2011

New buildings with a surface of more than 1000sqm need to analyze the possibility of using alternative sources of energy; the analysis should consist in a feasibility study that is required by the local public authority

The existing buildings with surfaces larger than 1000sqm that are undergoing renovation processes should seek to improve the energy efficiency of the building, wherever it is possible, from technical, economic and functional point of view

The public buildings with a surface larger than 1000sqm should publicly display the energy performance certificate.

The legislative proposal for the transposition of the provisions of EPBD recast brings the following main modifications:

all new public buildings will have to be nearly zero energy building by December, 31st 2018, and all other new buildings by December 31st 2020. Definition of nearly zero-energy building is pending

Removal of 1000 sqm threshold – high-efficiency alternative systems (such as renewable energy or cogeneration) must be considered for all new buildings regardless of size. More, all buildings, building units and/or building elements, regardless of size, have to meet minimum requirements after major renovation

Energy performance certificate has to be handed over to the buyer when purchasing a building or building unit, under penalty of annulment of the sale agreement

A taking-over certificate drafted at completion of building works, which is not accompanied with a copy of the energy performance certificate of than new building, is null and void.

The Methodological Norms for Application set the requirements for the energy performance of buildings, the energy audit and the energy performance certificate, as well as for the assessment of the heating systems and of the acclimatization systems. These norms will have to adapt to the new legislation transposing EPBD recast.

Read more about the EPBDand the EPBD Recast.