Building energy performance certificate – is it mandatory? Change in the construction law

On Thursday, the Sejm passed an amendment to the act on improving the energy efficiency of buildings, which adjusts Polish law to EU regulations. The new regulations introduce, among others, the obligation to prepare energy performance certificates for each individual or multi-family building. Now the act will be put to work in the Senate.

It is about the act amending the act on the energy performance of buildings and the act – Construction Law. 387 deputies voted in favor of the amendment, 9 were against, and 9 abstained. They submitted editorial and legislative amendments PiS MPs during the second reading of the draft of the novella.

During the work on the new regulations, Deputy Minister of Development and Technology, Piotr Uściński, explained that they adjust Polish law to the European Union regulations on the energy performance of buildings. He noted that the regulations result, inter alia, from from the need to improve the effectiveness of the current system for assessing the energy efficiency of buildings in Poland.

– The aim of the changes is to create buildings with the highest thermal parameters in Poland, with modern, good-quality ecological solutions – said the deputy minister. As a consequence, as he emphasized, “it will contribute to energy savings and reduction of building exploitation costs”.

The act is to enter into force 6 months after its promulgation.

Amendments to the Act

During Thursday’s deliberations of the Sejm’s infrastructure committee, MPs gave a positive opinion on two amendments proposed by PiS MPs during the second reading of the bill. These are editorial and legislative changes regarding the transitional provisions to the act, which result from arrangements with legislators – explained Anna Paluch (PiS).

On the other hand, two amendments submitted by Poland were negatively assessed by 2050. – The act does not define the upper limit of the fine, so the lack of an energy efficiency certificate may be punished with a fine of up to several thousand zlotys, which violates the principle of proportionality – said Hanna Gill-Piątek in the Sejm. By proposing amendments, she indicated that her grouping would not support the provisions in question “unless there was an upper limit of the fine and a longer vacatio legis”.

Some opposition MPs also indicated during Thursday’s work on the amendment in the Sejm that the energy certificate “costs several hundred zlotys for a single-family house.” They pointed out that it concerns “all owners and managers of buildings and owners of cooperative apartments in Poland”.

Building energy performance certificate

The amendment introduces the obligation to prepare energy performance certificates for each individual or multi-family building.

The regulation impact assessment indicated that the estimated cost of an energy performance certificate for an apartment in a multi-family building will be similar to that for a single-family house, i.e. about PLN 300. As we read, the final price will depend on various factors (e.g. the type of heating, water heating, ventilation and air conditioning system used), but probably in the vast majority of cases it will not be higher than PLN 300.

It also assumes, among others introducing changes to the requirements related to the control of heating systems and air-conditioning systems, which extend the scope of systems covered by the obligation to control (this will apply to systems with a capacity of over 70 kW).

Common access to the basic information contained in the energy performance certificates collected in the central register of energy performance of buildings will also be possible, and the substantive quality of the energy performance certificates will be improved (this will also apply to protocols drawn up on the inspection of the heating system or air-conditioning system).

Other solutions include introducing changes correcting the existing mechanisms “in the area of ​​drawing up and submitting energy performance certificates and protocols on the control of heating systems or air-conditioning systems”.

In addition, investors (including developers and retail investors) will have to enclose energy performance certificates for buildings with their notice of completion or application for an occupancy permit. This solution applies to some groups of buildings.

An obligation to install automation and control systems in certain buildings is also to be introduced, in accordance with EU regulations.

Main photo source: Shutterstock

Leave a Comment

Your email address will not be published.