Better assessment of the energy efficiency of buildings – Ministry of Development and Technology

Better assessment of the energy efficiency of buildings

26-07-2022

The Council of Ministers today adopted a draft law amending the Energy Performance of Buildings Act and the Construction Law Act. The draft adapts the Polish law to the provisions of the European Union. The new solutions aim to improve the effectiveness of the system for assessing the energy efficiency of buildings in Poland.


Draft law amending the Energy Performance Act

The changes made relate to the requirements related to the control of heating and air-conditioning systems. They extend the scope of auditable systems to systems above 70 kW.

Another novelty is universal access to basic information in energy performance certificates, which can be found in the Central Register of Energy Performance of Buildings.

In communications or advertisements about the sale or rental of a building or part thereof (if the building has already been issued with an energy performance certificate), you must state:

  • annual final energy demand indicator,
  • annual demand for non-renewable primary energy,
  • annual energy demand indicator for utilities,
  • the share of renewable energy sources in the annual final energy demand,
  • unit amount of CO2 emissions.

The aim of the changes is to create buildings with the highest thermal parameters in Poland, with modern, high-quality and ecological solutions. This will therefore contribute to significant energy savings and reduction of the building’s operating costs.

The quality of energy performance certificates will also be improved. This also applies to reports on the inspection of the heating or air-conditioning system. The amendment aims to eliminate situations where persons authorized to issue energy performance certificates for buildings provide their clients with quasi “certificates” that do not comply with legal requirements. After the changes, a person authorized to draw up the aforementioned documents, who has lost his rights for the second time or who has transferred a document drawn up outside the register, will not be able to be included in the list of authorized persons again. There will also be fines for transferring the certificate and reporting it outside the central register system and for not providing the certificate to the buyer or tenant.

The mechanisms for preparing and sending energy performance certificates and protocols for the approval of heating or air conditioning systems will change. These documents may also be issued in electronic form. The energy performance certificate is issued when a notarial deed is drawn up and when a lease is concluded.

Draft law amending the law – Construction law

The provisions will include an obligation to attach a building energy performance certificate to the notice of completion of construction or an application for a occupancy permit. It will apply to all investors, including developers and individuals.

This obligation does not apply to the building:

  • subject to protection under the provisions on the protection and care of monuments,
  • used as a place of worship and for religious activities,
  • industrial and economic sectors not equipped with energy-consuming installations, with the exception of built-in lighting installations,
  • living space intended for no longer than 4 months per year,
  • a detached house with a usable area of ​​less than 50 m2,
  • farms with the EP index defining the annually calculated demand for non-renewable primary energy that does not exceed 50 kWh / (m2 · year).

Other changes

EU regulations also make it mandatory to install automation and control systems in buildings equipped with large heating and air conditioning systems, combined heating and ventilation systems or air conditioning and ventilation systems.

The new solutions should take effect 6 months from the date of publication in the Journal of Laws.

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