In 2023 the law on the energy performance of buildings comes into force
Energy performance certificates for all buildings, even older ones, will be mandatory starting from April 2023. This provision is introduced by the amendment of the law on the energy performance of buildings and the law on buildings. Therefore, each property owner faces a new obligation and an expense of several hundred zlotys for issuing a document. There will be penalties for the lack of an energy certificate – even several thousand.
The law on the energy performance of buildings signed by the president
President Andrzej Duda signed the Act of 7 October 2022 amending the Act on the Energy Performance of Buildings and the Act – Construction Law – announced by the Chancellery of the President of the Republic of Poland on 19 October.
The law transposes into the national legal system the provisions of the directives of the European Parliament and of the Council on the energy performance of buildings and on energy efficiency.
The act will take effect 6 months after its announcement.
- Energy performance certificate mandatory for individual investors. A copy of the certificate must be attached to the completion notice or to the residence permit application.
- Energy performance certificate mandatory for buildings built before 2009. In case of modernization of this building, it will be necessary to obtain an energy performance certificate.
Energy performance certificates have been in force in Poland for several years and apply to buildings built after 2009. The amendment to the law on the energy performance of buildings will introduce the obligation to prepare energy certificates for each individual or multi-family building (including those built before 2009).
Energy performance certificate – how are you doing now?
The energy performance of a building is a set of building energy data and indicators relating to the computational energy demand of the building for central heating, hot water, ventilation and air conditioning and, in the case of a public utility building, including for lighting.
The building energy performance certificate is required when:
- the property is sold on the basis of a sales contract,
- the property is sold on the basis of a contract for the sale of a cooperative property right on the premises,
- the property will be leased.
Obligation to draw up energy certificates for buildings built after 2009. Applies to both new and modernized buildings. A copy of the energy certificate must be attached to the notice of completion of the works.
The certificate is valid for 10 years. If during this period we renovate the building with changes that affect energy consumption, we will have to request a new certificate confirming the energy indicators.
Read more: What is included in the building’s energy performance certificate?
What changes in energy certificates? What is checked?
The most important legal change is obligation of energy performance certificate for all buildingseven those built before 2009 and single-family houses.
Another change is obligation to check the heating and air conditioning systemseven those with power above 70 kW.
The owner or manager of the property periodically submits the properties during their use to the heating or air conditioning system consisting of:
- verification of the technical conditions of the heating system, taking into account the energy efficiency of the heat sources and adapting their power to the needs of the user:
a) at least once every 5 years – for boilers with rated heat output from 20 kW to 100 kW,
b) at least once every 2 years – for boilers fired with liquid or solid fuel with a rated heat output greater than 100 kW,
c) at least once every 4 years – for gas boilers with a rated heat output greater than 100 kW,
d) at least once every 3 years – for heat sources not listed in point (a). a – c, accessible parts of a heating system or a combined heating and ventilation system, with a total rated thermal input exceeding 70 kW;
- energy efficiency assessment, at least every 5 years:
(a) accessible parts of the air conditioning system with a nominal cooling capacity greater than 12 kW,
(b) a combined air conditioning and ventilation system with a total rated cooling capacity exceeding 70 kW.
A new inspection is not required if there have been no changes to the system or to the energy performance of the building after the inspection.
The amendment to the law will allow universal access to basic information contained in the energy performance certificates held in the central register.
They impose new regulations membership obligation by investors (including developers and individual investors) energy performance certificates of buildings to the notice of completion of the works or to the application for a residence permit.
Obligation to install automation and control systems from 2025
The amendment to the law will introduce the obligation to install automation and control systems in some buildings, in compliance with EU regulations.
The bill adopted reads: the owner or manager of the property, if justified technically and economically valid, punctually until December 31, 2024, equips a non-residential building with system:
- heating or a combined heating and ventilation system with a total rated heat input exceeding 290 kW,
- air conditioning or a combined air conditioning and ventilation system with a total rated cooling capacity exceeding 290 kW
– in a building automation and control system.
Penalties for the lack of energy performance certificate!
The legislation provides for penalties for both energy auditors and property owners.
- criminal liability for those who draw up energy performance certificates for making false statements,
- for property owners for failure to attach a document, for example in the case of the sale or lease of a property – there is a risk of sanction – its maximum limit has not been specified in the deed.
It is also worth mentioning that the amendment to the act obliges the Minister of Construction, Urban Planning and Spatial Development and Housing to implement a long-term building renovation strategy support the restructuring of the national park of residential and non-residential buildings, both public and private.
You can read more about the long-term building renovation strategy in the article: Long-term renovation strategy: The government has adopted a project to renovate buildings in Poland
How much does an energy performance certificate cost?
The cost of the energy performance certificate mainly depends on:
- the size of the building and its purpose;
- the complexity of the building body;
- construction of external and internal partitions;
- used plants;
- availability of technical documentation;
- Position.
For example, with one of the Małopolska companies, the cost of an energy certificate varies from 400 PLN for an apartment and 550 PLN for a single-family house. The price of the certificate for a multi-family building is 900 PLN.
In Warsaw, however, for the preparation of an energy performance certificate you have to pay PLN 500 for a single-family house. The cost of the audit is PLN 1,000 or more, depending on the building.
Source: sejm.gov.pl
