Structures (buildings)

Decree amending the Building Decree 2012 on nearly zero-energy construction

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 requirements arising from the revised Energy Performance Of Buildings Directive (Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) (OJ L 153/13)), hereinafter also the revised EPBD or the Directive. In 2015, the requirement for nearly zero-energy construction was included in Article 5.2 of the Building Decree 2012 [Bouwbesluit 2012] (Bulletin of Acts and Decrees 2015, 425). At that time, a distinction was introduced between the requirement on government buildings and the requirement on other buildings. For government buildings, this requirement was initially set out in the Order on the Building Decree 2012 [Regeling Bouwbesluit 2012] (hereinafter also the ‘Building Decree Order’) and came into force on 1 January 2019.

The current amendment to the Building Decree 2012 extends the requirement to construct nearly zero-energy buildings to all functional uses as at 1 July 2020. These requirements take the place of the requirements on the Energy Performance Coefficient (EPC).

Article 1.3 of the Building Decree 2012 contains an equivalence provision that also applies to this Ministerial Order. See also the article-specific explanatory notes 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 II applies amendments similar to those in Article I to the Environmental structures decree [Besluit bouwwerken leefomgeving] (Bulletin of Acts and Decrees 2018, 291)