EUROPEAN “GREEN HOUSE” DIRECTIVE:
OBLIGATION TO ADAPT THE ENERGY CLASS OF BUILDINGS
The European Parliament has approved the so-called “Green House” Directive, although the final text will come after the negotiation phase between the European institutions and the governments of the EU member states.
This is a significant step for the energy efficiency of buildings – there are anyway also opinions to the contrary, which foresee an increase in the costs for renovations.
The main purposes of the European Directive are, among others:
- improve the energy performance of buildings;
- lower energy costs and thus reduce the bills to be paid;
- reduce European dependence on energy imports from abroad;
- reduce energy poverty and improve the health conditions of living environments.
WHAT ARE THE ENERGY GOALS?
EU buildings are responsible for 40% of energy consumption and 36% of greenhouse gas emissions. Renovating as many energy inefficient buildings as possible aims to reduce greenhouse gas emissions and energy consumption in the sector by 2030, to achieve climate neutrality by 2050.
WHAT DOES THE APPROVED TEXT REQUIRE FOR RESIDENTIAL BUILDINGS?
According to the approved text of the “Green House” Directive, residential buildings must reach, as a minimum, energy performance class E by 2030, and class D by 2033. All new residential buildings must be built with zero emissions from 2028.
WHAT ARE THE DEADLINES FOR PUBLIC AND NON-RESIDENTIAL BUILDINGS?
For non-residential and public buildings, the same classes must be achieved by 2027 (E) and 2030 (D) respectively. All new buildings must be zero-emission from 2028, with the exception of new buildings occupied, managed or owned by public authorities, for which the deadline is set at 2026.
WILL THERE BE THE OBLIGATION TO EQUIP HOUSES WITH SOLAR TECHNOLOGY SYSTEMS?
Among the measures envisaged, there is a focus on solar systems. In fact, already in the transposition phase of the directive, the approved text provides for the obligation to equip all new public buildings and new non-residential buildings with solar systems. For public buildings and existing non-residential buildings, the obligation will come into force on 31st December 2026. For all buildings undergoing major renovations, the obligation will come into force on 31st December 2032.
WHAT HAPPENS TO PLANTS POWERED BY FOSSIL FUELS?
The Directive provides that Member States no longer offer financial incentives for the installation of individual boilers using fossil fuels, although it is not yet clear when this ban will come into force. It seems that as soon as the Directive is transposed, there will be a ban on installing heating systems powered by fossil fuels in new buildings and in buildings undergoing major renovations, deep renovations or in any case renovations of the heating system. The goal is to phase out the use of fossil fuels for heating buildings by 2035 or, at worst, by 2040.
WILL THERE BE EXCEPTIONS?
EU countries will have the opportunity to exclude from the obligations relating to efficiency and energy saving particular types of buildings, for example by virtue of their particular historical and architectural value, or places of worship, temporary buildings, second homes used for less than four months a year, etc. Public residential buildings may also be exempted. In addition, Member States may ask the Commission to adapt European goals due to the technical and economic feasibility of renovations (for a maximum number of derogable buildings equal to 22% of the total number of buildings).
FINANCING AND ROOM FOR MANOEUVRE OF THE INDIVIDUAL MEMBER STATES
Although the next phase of negotiations between Europe and the governments of the EU States (the next meeting is scheduled for next December) could make changes to the current text of the Directive, giving greater scope to the possible maneuvers that Member States may adopt during the transposition phase, to establish the necessary measures to achieve the objectives in their national restructuring plans.
In addition, each Member State may establish, within certain limits, the buildings that may derogate from the “Green House” directive.
Finally, the conditions for requesting funding have yet to be defined – those should include support schemes to facilitate access, with a substantial premium for so-called deep renovations that will affect the worst-performing buildings and targeted aid to the most vulnerable families.
In conclusion, it is smart to keep an eye on these long-term objectives and, if you have to carry out major renovations of buildings, rely on experts in the field, who have the preparation, knowledge and adequate vision on how the energy efficiency sector will evolve in relation to buildings.
If you have any questions on this topic, please do contact us via our email: info@fiatlux.legal or at the number: +393381530687, our experts will be happy to share with you our expertise.
Kind regards,
Avv. Federica Loreti
Fiat Lux Legal