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Energy Performance of Buildings Directive Repealed

Overview

Jurisdiction
European Union
Topic
Real Estate & Construction
Instrument type
Directive
Reference number
2010/31/EU
Valid from
2010-07-08
Valid to
2026-05-30
Modified date
2010-06-18
Listed at
2026-08-06
Withdrawn at
-
Description
Establishes EU-wide minimum requirements and procedures for improving the energy performance of buildings, including energy performance certificates, inspections of technical building systems, and requirements for nearly zero-energy buildings.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32010L0031 Schokolade

Logs

Type Status Started at Finished at
No jobs yet.

Rule sets

Label Effective
Building construction and transactions 2013-01-09 — 9999-12-31
Applies from milestone:
Application Start (2013-01-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “constructed” “sold” “rented out to a new tenant”
Publicly used buildings over 500 m² 2013-01-09 — 2015-07-08
Applies from milestone:
Application Start (2013-01-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “occupied by a public authority” “frequently visited by the public”
Publicly used buildings from 250 m² 2015-07-09 — 9999-12-31
Applies from milestone:
Application Start (2015-07-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “occupied by a public authority” “frequently visited by the public”
Publicly visited buildings over 500 m² with certificate 2013-01-09 — 2015-07-08
Applies from milestone:
Application Start (2013-01-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “frequently visited by the public”
Publicly used buildings from 250 m² with certificate 2015-07-09 — 9999-12-31
Applies from milestone:
Application Start (2015-07-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “occupied by public authorities” “frequently visited by the public”
Heating systems above 20 kW 2013-07-09 — 9999-12-31
Applies from milestone:
Application Start (2013-07-09)
Expires at milestone:
-

No conditions.

Heating systems above 100 kW 2013-07-09 — 9999-12-31
Applies from milestone:
Application Start (2013-07-09)
Expires at milestone:
-

No conditions.

Air-conditioning systems above 12 kW 2013-07-09 — 9999-12-31
Applies from milestone:
Application Start (2013-07-09)
Expires at milestone:
-

No conditions.

Major renovation 2013-07-09 — 9999-12-31
Applies from milestone:
Application Start (2013-07-09)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “major renovation”
New nearly zero-energy buildings 2020-12-31 — 9999-12-31
Applies from milestone:
Application Start (2020-12-31)
Expires at milestone:
-
Conditions:
  • Activities contains No Linked Attribute Value “new building”

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Arrange for an energy performance certificate Record Keeping -
Description:
Ensure that an energy performance certificate is issued for the building or building unit; the requirement does not apply where a valid certificate already exists.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Buildings and building units that are constructed, sold or rented out to a new tenant
Checking responsibility:
Company acting as seller, landlord or construction-responsible party, where required by national law
Check method:
Check that a valid energy performance certificate exists and contains the required information
Rule set:
-
Source reference:
Article 12(1)(a)
Source excerpt:
Member States shall ensure that an energy performance certificate is issued for: (a) buildings or building units which are constructed, sold or rented out to a new tenant;
Show and hand over the energy performance certificate Record Keeping -
Description:
Show the energy performance certificate or a copy to the prospective new tenant or buyer and hand it over to the buyer or new tenant.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Buildings or building units when constructed, sold or rented out
Checking responsibility:
Seller or landlord
Check method:
Evidence through showing and handing over the energy performance certificate or a copy to the prospective buyer or new tenant
Rule set:
-
Source reference:
Article 12(2)
Source excerpt:
Member States shall require that, when buildings or building units are constructed, sold or rented out, the energy performance certificate or a copy thereof is shown to the prospective new tenant or buyer and handed over to the buyer or new tenant.
State the energy performance indicator in advertisements Record Keeping -
Description:
State the energy performance indicator from the energy performance certificate in advertisements in commercial media.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Buildings and building units with an energy performance certificate offered for sale or rent
Checking responsibility:
Seller or landlord
Check method:
Review of sale and rental advertisements in commercial media
Rule set:
-
Source reference:
Article 12(4)
Source excerpt:
are offered for sale or for rent, the energy performance indicator of the energy performance certificate of the building or the building unit, as applicable, is stated in the advertisements in commercial media.
Display the energy performance certificate publicly Governance -
Description:
Display the energy performance certificate in a prominent place clearly visible to the public.
Frequency:
Continuous
Check frequency:
Continuous
Products/Services:
Buildings with a total useful floor area over 500 m², or from 9 July 2015 at least 250 m², frequently visited by the public and for which an energy performance certificate has been issued
Checking responsibility:
Building owner or operator
Check method:
Visual check that the energy performance certificate is displayed in a prominent and clearly visible place
Rule set:
-
Source reference:
Article 13(2)
Source excerpt:
the energy performance certificate is displayed in a prominent place clearly visible to the public.
Arrange regular heating-system inspections Due Diligence -
Description:
Arrange regular inspections of accessible parts of the heating system, including the heat generator, control system and circulation pumps.
Frequency:
Other
Check frequency:
Other
Products/Services:
Heating systems with accessible parts and boilers with an effective rated output for space heating of more than 20 kW
Checking responsibility:
Owner or operator of the heating system
Check method:
Regular inspection including assessment of boiler efficiency and sizing compared with the building's heating requirements
Rule set:
-
Source reference:
Article 14(1)
Source excerpt:
establish a regular inspection of the accessible parts of systems used for heating buildings, such as the heat generator, control system and circulation pump(s), with boilers of an effective rated output for space heating purposes of more than 20 kW.
Inspect heating systems above 100 kW biennially Due Diligence -
Description:
Arrange inspections of heating systems with boilers above 100 kW at least every two years; for gas boilers, the interval may be extended to four years.
Frequency:
Biennial
Check frequency:
Biennial
Products/Services:
Heating systems with boilers above 100 kW; for gas boilers, the interval may be extended to four years
Checking responsibility:
Owner or operator of the heating system
Check method:
Inspection at least every two years; potentially every four years for gas boilers
Rule set:
-
Source reference:
Article 14(3)
Source excerpt:
Heating systems with boilers of an effective rated output of more than 100 kW shall be inspected at least every two years. For gas boilers, this period may be extended to four years.
Arrange regular air-conditioning inspections Due Diligence -
Description:
Arrange regular inspections of accessible parts of the air-conditioning system and assess its efficiency and appropriate sizing.
Frequency:
Other
Check frequency:
Other
Products/Services:
Air-conditioning systems with an effective rated output of more than 12 kW
Checking responsibility:
Owner or operator of the air-conditioning system
Check method:
Regular inspection including assessment of efficiency and sizing compared with the building's cooling requirements
Rule set:
-
Source reference:
Article 15(1)
Source excerpt:
establish a regular inspection of the accessible parts of air-conditioning systems of an effective rated output of more than 12 kW. The inspection shall include an assessment of the air-conditioning efficiency and the sizing compared to the cooling requirements of the building.
Issue and hand over the inspection report Record Keeping -
Description:
Have an inspection report issued after each inspection, containing the result and recommendations for cost-effective energy-performance improvements, and hand it over to the owner or tenant.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Inspected heating and air-conditioning systems
Checking responsibility:
Company responsible for the inspection; handover by the owner or landlord to the building owner or tenant
Check method:
Check that a report containing the inspection result and recommendations was issued after each inspection and handed to the owner or tenant
Rule set:
-
Source reference:
Article 16(1)-(2)
Source excerpt:
An inspection report shall be issued after each inspection of a heating or air-conditioning system. The inspection report shall contain the result of the inspection performed in accordance with Article 14 or 15 and include recommendations for the cost-effective improvement of the energy performance of the inspected system. The inspection report shall be handed over to the owner or tenant of the building.
Analyse alternative systems before construction Due Diligence -
Description:
Before construction starts, consider the technical, environmental and economic feasibility of high-efficiency alternative energy systems and document the analysis for verification.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
New buildings
Checking responsibility:
Developer or company responsible for construction
Check method:
Documented analysis of the technical, environmental and economic feasibility of available high-efficiency alternative systems before construction starts
Rule set:
-
Source reference:
Article 6(1)
Source excerpt:
For new buildings, Member States shall ensure that, before construction starts, the technical, environmental and economic feasibility of high-efficiency alternative systems such as those listed below, if available, is considered and taken into account
Deliver new buildings as nearly zero-energy buildings Governance -
Description:
Ensure that new buildings meet the minimum energy-performance requirements and, from the applicable date, are delivered as nearly zero-energy buildings.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
New buildings and buildings undergoing major renovation
Checking responsibility:
Owner, developer or operator, where required by national law
Check method:
Evidence based on achieved energy performance and compliance with the established minimum requirements
Rule set:
-
Source reference:
Article 9(1)(a)
Source excerpt:
by 31 December 2020, all new buildings are nearly zero-energy buildings
Upgrade energy performance during major renovation Governance -
Description:
When a building undergoes major renovation, upgrade the energy performance of the building or renovated part insofar as technically, functionally and economically feasible.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Buildings undergoing major renovation
Checking responsibility:
Owner, developer or company responsible for the renovation
Check method:
Check the renovated building or renovated parts against applicable minimum energy-performance requirements
Rule set:
-
Source reference:
Article 7
Source excerpt:
when buildings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet minimum energy performance requirements set in accordance with Article 4 in so far as this is technically, functionally and economically feasible.
Ensure energy performance of retrofitted building-envelope elements Governance -
Description:
Ensure that a retrofitted or replaced building-envelope element meets minimum energy-performance requirements insofar as technically, functionally and economically feasible.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Retrofitted or replaced building-envelope elements with a significant impact on energy performance
Checking responsibility:
Owner, developer or company responsible for the retrofit
Check method:
Documented comparison of the building-envelope element with applicable minimum requirements
Rule set:
-
Source reference:
Article 7
Source excerpt:
when a building element that forms part of the building envelope and has a significant impact on the energy performance of the building envelope, is retrofitted or replaced, the energy performance of the building element meets minimum energy performance requirements in so far as this is technically, functionally and economically feasible.
Comply with technical building-system requirements Governance -
Description:
Install, size, adjust and control technical building systems so that applicable overall energy-performance requirements are met insofar as technically, economically and functionally feasible.
Frequency:
Event-triggered
Check frequency:
Event-triggered
Products/Services:
Technical building systems in existing buildings and new, replaced or upgraded heating, hot-water, air-conditioning and large ventilation systems
Checking responsibility:
Owner, operator or company responsible for installation or upgrading
Check method:
Technical assessment of overall energy performance, installation, sizing, adjustment and control
Rule set:
-
Source reference:
Article 8(1)
Source excerpt:
System requirements shall be set for new, replacement and upgrading of technical building systems and shall be applied in so far as they are technically, economically and functionally feasible.

Measures

No measures.

Penalties

Description Kind Rule set
Member States must establish effective, proportionate and dissuasive penalties for infringements of national implementing provisions; the type and amount of penalties for companies are not specified. Other -
Responsible authority:
National authorities designated by the Member States
Source reference:
Article 27
Source excerpt:
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Milestones

Date Type Description
2010-05-19 Adopted Adoption of the Directive by the European Parliament and the Council
Source reference:
Signature line
Source excerpt:
Done at Strasbourg, 19 May 2010.
2010-07-08 Entry into Force Entry into force of the Directive on the twentieth day following its publication
Source reference:
Article 30
Source excerpt:
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
2011-06-30 Other Deadline for submitting reports on alternative heating and air-conditioning measures
Source reference:
Article 14(4)
Source excerpt:
they shall submit to the Commission a report on the equivalence of those measures to measures referred to in paragraphs 1, 2 and 3 of this Article by 30 June 2011 at the latest.
2011-06-30 Other Deadline for submitting reports on alternative heating and air-conditioning measures
Source reference:
Article 14(4)
Source excerpt:
they shall submit to the Commission a report on the equivalence of those measures to measures referred to in paragraphs 1, 2 and 3 of this Article by 30 June 2011 at the latest.
2012-02-01 Repeal Repeal of Directive 2002/91/EC
Source reference:
Article 29
Source excerpt:
Directive 2002/91/EC, as amended by the Regulation indicated in Annex IV, Part A, is hereby repealed with effect from 1 February 2012, without prejudice to the obligations of the Member States relating to the time limit for transposition into national law and application of the Directive set out in Annex IV, Part B.
2012-06-30 Other Deadline for the first report on cost-optimal minimum requirements
Source reference:
Article 5(2)
Source excerpt:
The first report shall be submitted by 30 June 2012.
2012-07-09 Transposition Deadline Deadline for transposition of the Directive into national law
Source reference:
Article 28(1)
Source excerpt:
Member States shall adopt and publish, by 9 July 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 2 to 18, and with Articles 20 and 27.
2012-12-31 Other Deadline for the Commission's report on nearly zero-energy buildings
Source reference:
Article 9(5)
Source excerpt:
The Commission shall by 31 December 2012 and every three years thereafter publish a report on the progress of Member States in increasing the number of nearly zero-energy buildings.
2013-01-09 Application Start Latest application start for key provisions, including energy performance certificates and certification
Source reference:
Article 28(1)
Source excerpt:
They shall apply those provisions as far as Articles 2, 3, 9, 11, 12, 13, 17, 18, 20 and 27 are concerned, from 9 January 2013 at the latest.
2013-07-09 Application Start Latest application start for building and technical-system requirements for other buildings
Source reference:
Article 28(1)
Source excerpt:
They shall apply those provisions as far as Articles 4, 5, 6, 7, 8, 14, 15 and 16 are concerned, to buildings occupied by the public authorities from 9 January 2013 at the latest and to other buildings from 9 July 2013 at the latest.
2015-07-09 Application Start Reduction of the threshold for certain publicly used buildings from 500 m² to 250 m²
Source reference:
Article 12(1)(b)
Source excerpt:
On 9 July 2015, this threshold of 500 m2 shall be lowered to 250 m2.
2017-01-01 Other Latest date for the Commission's evaluation of the Directive
Source reference:
Article 19
Source excerpt:
The Commission, assisted by the Committee established by Article 26, shall evaluate this Directive by 1 January 2017 at the latest
2018-12-31 Application Start New buildings occupied and owned by public authorities must be nearly zero-energy buildings
Source reference:
Article 9(1)(b)
Source excerpt:
after 31 December 2018, new buildings occupied and owned by public authorities are nearly zero-energy buildings
2020-12-31 Application Start All new buildings must be nearly zero-energy buildings
Source reference:
Article 9(1)(a)
Source excerpt:
by 31 December 2020, all new buildings are nearly zero-energy buildings

Linked regulations

Type Regulation
Repeals Directive 2002/91/EC
Cites Treaty on the Functioning of the European Union
Cites Decision No 406/2009/EC
Cites Directive 2009/28/EC
Cites Directive 2009/125/EC
Cites Directive 2010/30/EU
Cites Regulation (EC) No 1080/2006
Cites Council Directive 2009/47/EC
Cites Directive 2006/32/EC
Cites Directive 2005/36/EC
Cites Council Decision 1999/468/EC
Cites Directive 2009/72/EC
Cites Regulation (EC) No 842/2006
Cites Directive 2006/32/EC
Cites Directive 2002/91/EC
Cites Regulation (EC) No 1137/2008
Cites Directive 2006/32/EC
Cites Directive 2006/32/EC
Cites Directive 2006/112/EC
Cites Treaty on the Functioning of the European Union
Cites Treaty on the Functioning of the European Union
Cites Treaty on the Functioning of the European Union
Cites Treaty on European Union
Cites Interinstitutional Agreement on better law-making