New energy performance obligations for developers/owners who build or renovate buildings

A new law that entered into force in early July this year was recently published, through which new obligations to ensure energy performance applicable to developers are established, applicable to owners or investors who build or renovate buildings. These new provisions were announced in an article published back in December 2018 and implement the E.U. Directive of 2018, which amended the E.U. Directive of 2010, on the energy performance of buildings.

The purpose of the law is circumscribed to the objective set by the European Commission, to reduce greenhouse gas emissions until 2050, by 80 – 95% compared to the level recorded in 1990.

Developers and building owners need to consider these new modifications, which will have medium and long-term effects on the park of residential and non residential (commercial) buildings. The market value of these buildings, which are currently under construction or will be renovated in the future, will be substantially influenced by their energy efficiency.

Thus, the Planning Certificate needed to obtain the building permit for residential and commercial buildings (offices, trade, education, health, hotels, etc.) will require a study on the feasibility of alternative energy-efficient systems. At the same time, through the Planning Certificate issued after the 15th of September 2020, for the new buildings, the obligation to installself-regulation systems for the distinct establishment of indoor temperature and air quality in each room, area or building unit, will be established.

New or majorly renovated commercial buildings with more than 10 parking spaces are required to provide at least one charging point for electric vehicles, as well as recessed piping for at least 20% of parking spaces. Until January 1st, 2025, the existing commercial buildings, with at least 20 parking spaces will provide charging points for at least 10% of the number of parking spaces.

In certain cases, for new residential buildings or those undergoing a major renovation, for wich the submission of the building permit is made after March 10th, 2021, which have at least 10 parking spaces, the investor/owner has the obligation to provide necessary piping recessed for the power supply of each parking space.

A passport for the energy renovation of buildings is establised, as well as obligations for the mayors of towns with more than 5,000 inhabitants to initiate plans to increase the number of buildings with energy consumption almost equal to zero.

The sale or rental announcements must contain informationon the energy performance indicators under the sanction of a fine between 1,250 and 2,500 lei, applicable to the owner or reale estate agent.