Yesterday, on March 12 this year, the European Parliament adopted the EPBD directive, which tightens the requirements regarding the energy performance of both newly constructed buildings and houses, as well as existing ones. More importantly, the EPBD allows Member State governments to exempt certain types of buildings from these requirements. What buildings are these?
- Pursuant to Art. 5 section 3 of the adopted EPBD, Member States may, by way of national regulations, exempt a specific catalog of buildings from the requirements regarding energy consumption.
- Industrial buildings, but also buildings intended for agricultural production, may be exempt from the EPBD directive, but only on the basis of separately adopted legal provisions in the Member States.
- The list of buildings excluded from the provisions of the EPBD includes summer cottages and holiday homes that cannot be used for more than 4 months a year. The list also includes free-standing buildings with a small area not exceeding 50 m22.
On Tuesday, March 12 this year. EU MEPs adopted plans, already agreed with the Council, that will reduce energy consumption and greenhouse gas emissions in buildings.
A major change to the provisions of the Energy Performance of Buildings Directive is expected to reduce greenhouse gas emissions and energy consumption in buildings from 2030. By 2050, this sector is to become climate neutral.
It is also intended to renovate more buildings with the worst parameters. In addition, it aims to improve the exchange of information on energy performance.
Like every directive, it contains a catalog of buildings exempt from the above requirements.
What buildings can the Polish government exempt from the requirements of the EPDB directive?
Pursuant to Art. 5 section 3 of the adopted EPDB directive, Member States may, by means of national regulations, exempt from the requirements regarding energy consumption a specific, closed catalog of buildings.
Member States may decide not to set or apply the requirements of the EPBD to the following categories of buildings:
- buildings owned by the armed forces or government institutions and used for national defense purposes, excluding single-occupancy quarters and office buildings of the armed forces and other personnel employed by bodies of the national armed forces;
- buildings used as places of worship and for religious activities;
- temporary with a useful life of two years or shorter, industrial facilities, workshops and agricultural non-residential buildings with low energy demand and agricultural non-residential buildings used by a sector covered by a national sectoral agreement on energy performance;
- residential buildings in use the intended for use less than four months a year or, alternatively, for a limited time during the year with an expected energy consumption of less than 25% of the projected annual consumption;
- freestanding with a total usable area of less than 50 m22.
Only national regulations can exclude a specific catalog of buildings from the impact of the EPBD
This means that industrial buildings, but also buildings intended for agricultural production, may be excluded from the application of the directive, but only on the basis of separately adopted legal provisions in the Member States.
The catalog of buildings excluded from the provisions of the EPDB directive includes summer cottages and holiday homes that cannot be used for more than 4 months a year. The list also includes free-standing buildings with a small area not exceeding 50 m22.
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