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Energy Performance Directive (Directive 2010/31/EU and Amendment EU 2018/844)

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First released already in 2002 as Directive 2002/91/EG, the Directive on the Energy Performance of Buildings was thoroughly amended and released as recast Directive 2010/31/EU. The recast directive contains, in comparison to the prior version, considerably strengthened and extended tasks for the member states. The Directive is all over the EU commonly referred to as “EPBD” - the English abbreviation of Energy Performance of Buildings Directive. With the Commissions so-called “Winter-Package 2016” (“Clean Energy for All Europeans – unlocking Europe's growth potential”) a further amendment (Directive EU 2018/844) of the EPBD was released and published on 19th June 2018 in the Official Journal. The amendment adds further tasks for transposition by the member states.

First Energy Performance Directive: Directive 2002/91/EG

The first EPBD from the year 2002 contains tasks to be transposed by the member states; the most important concern the introduction of an overall calculation framework for the energy performance of buildings, the formulation of requirements using this framework as well as the general introduction of energy certificates. In Germany, a major part of these tasks was already transposed by the Energy Saving Ordinance (EnEV) of 2002/2004; all tasks were completed as soon as the EnEV of 2007 was released.

>more about the first EPBD in the Archive

Recast EPBD from 2010: Directive 2010/31/EU

The recast EPBD of 2010 sets – among others – the following tasks for the member states:

  • Introduction of a "nearly-zero-energy building" as standard for all new buildings as of 2021, for buildings, occupied and owned by public authorities already as of 2019. This standard describes a building that has very high energy performance. "The nearly zero or very low amount of energy required should be covered to a significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby." (Article 9)
  • Calculation of the "cost-optimal level" of energetic requirements for new buildings and the building stock. Every Member state is obligated to calculate its individual cost-optimal level and to compare the results with the current requirements in place. The calculation method was published 16th January 2012 in the Commission’s Official Journal.

>Download of the calculation method for the cost-optimal level (English)

  • Independent control systems for energy certificates. As quality assurance for energy certificates, Member States shall ensure that a statistically significant sample of all energy certificates annually issued will be reviewed. (Article 18 in conjunction with Annex 2)
  • Strengthening of energy performance certificates (EPC). The energy certificate (or copy thereof) shall be provided for the rental or sale of a property/apartment from the seller or property owner and be actively present to hand, rather than - as before - be presented only on request. (Article 12)
  • Extension of requirement for the display of EPC. The display obligation for energy performance certificates will be extended to all (public and private) buildings, in which the public frequently visits more than 500 m². The limit will be lowered to 250 m² after 9th July 2015. (Article 13)
  • Energy performance indicators in commercial advertisements. For commercial real estate advertisements, it is required to state an indicator of the overall energy efficiency based on an existing energy performance certificate. (Article 12)
  • Experts lists. In each European country, regularly updated lists of energy performance certificates assessors should be made available to the public. (Article 17)

The recast set a deadline for the transposition of the tasks by the Member States, the tasks were due to implement into national legislation by 9th July 2012. The Federal Institute for Research on Building, Urban Affairs and Regional Planning supported the Ministries in charge (at that time BMVBS and BMWi) by providing advice on the technical implementation.

EPBD 2010 (English version)

The transposition in Germany was done with the Energy Saving Ordinance 2013. The basic obligation to establish the “nearly-zero-energy building”-level as a standard for new buildings was introduced as a basic obligation with the Energy Saving Act 2013 and is concretised in § 14 [Draft] Buildings Energy Act.

>more about the EnEV 2013
>more about the EnEG 2013
>more about the [Draft] Buildings Energy Act

Recent Amendment by Directive EU 2018/844

Among other issues, the following additional tasks for the member states were introduced with the amendment:

  • the introduction of an obligation to provide documentation about the changed energy efficiency in case of certain considerable alterations concerning building services,
  • the introduction of an extended inspection scheme for AC-systems with a rated output of more than 70 kW,
  • the introduction of an alternative to AC-inspections consisting of building automation- and control systems,
  • by 2025 the introduction of mandatory building automation- and control systems for certain non-residential buildings as far as technically and economically feasible,
  • the determination of a long-term renovation strategy for the building stock for the time until 2050,
  • the introduction of certain requirements concerning electro-mobility addressing new buildings and certain considerable alterations of existing buildings and
  • the establishment of an optional common system to assess the “smartness” of buildings.

The new obligations from the amendment were due for implementation mostly by 10th March 2020 with the exception of the provisions added as section 4 in articles 14 as well as 15 (mandatory building automation- and control systems), that are due by 1st January 2025.

>Download amending directive EU 2018/844 (English version)

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