Structures (buildings)

Decree amending the Building Decree 2012 and certain other decrees implementing the second revision of the Energy Performance of Buildings Directive

The Building Decree 2012 contains regulations on the renovation and demolition of structures, the condition and use of existing structures, open areas and grounds, and safety during construction and demolition works. Article I of this amending Decree further details the requirements arising from the second revision of the Energy Performance of Buildings Directive (Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency), hereinafter the ‘EPBD III’.

This amendment to the Building Decree 2012 includes (new) provisions on: system requirements for technical building systems, documentation of the energy performance of technical building systems, self-regulating devices for temperature regulation by room or zone, charging infrastructure for electric vehicles, inspections for heating and air conditioning systems and building automation and control systems. These provision reduce the use of (fossil fuel) energy in buildings.

Article 1(3) of the Building Decree 2012 contains an equivalence provision that also applies to this amendment. See also the explanatory notes by article regarding said provision.

Article 1(3) Equivalence provision, paragraphs 1 and 2.

1. It is not necessary to meet a requirement given in Chapters 2 to 7 if the structure or its use offers at least the same level of safety, health protection, usability, energy-efficiency and environmental protection as that intended by the provisions of these chapters, without applying said provisions.

2. An equivalent solution as referred to in paragraph 1 shall be retained during use of the structure.

Article III applies amendments similar to those in Article I of the Environmental Structures Decree (Bulletin of Acts and Decrees 2018, 291)