On 28 April 2023, the amendment to Act of 29 August 2014 on the energy performance of buildings and the Act of 7 July 1994 Construction Law, implementing the Directive on the energy performance of buildings will come into force in Poland.
In terms of the impact on the owners of real properties, the most relevant changes brought about by the amendment include these changes to regulations related to energy performance certificates:
- the introduction of sanctions for not providing the buyer with the energy performance certificate of the building in case of sale or a copy of the certificate in case of lease;
- the obligation to attach the energy performance certificate of the building to the application for an occupancy permit;
- the introduction of new obligations related to HVAC systems inspections.
The follow article provides specific information on how the amendment impacts energy performance certificates in Poland's building sector.
Changes to regulations related to the energy performance certificates
What are the energy performance certificates?
An energy performance certificate specifies the energy required to meet the energy demand related to the use of a building or its part.
The upcoming changes are an instrument to help achieve the EU’s greenhouse gas reduction targets. (According to the European Green Deal, all new buildings should be zero emission from 2028 and the whole building sector should achieve emission neutrality by 2050).
Who needs to hold an energy performance certificate?
The obligation to obtain an energy performance certificate applies to new buildings and is required at the stage of application for occupation of the developed building. For existing buildings, the need to obtain it arises when a building or a part of it is being sold or leased.
This obligation will not apply to the following buildings (as referred to in Article 3 item 4 of the Act):
- those subject to protection under the provisions on the protection and care of historical monuments;
- those used as a place of worship and for religious activities;
- industrial and operational (przemysłowe i gospodarcze) premises not equipped with energy-consuming installations, excluding built-in lighting installations;
- residential dwellings intended for use for no more than four months a year;
- detached buildings with a floor area of less than 50 square metres;
- agricultural with annual calculated non-renewable primary energy demand of no more than 50 kWh/(square metres per year).
Previously, sellers or landlords were obliged to provide energy performance certificates for buildings when concluding the relevant agreement, but this obligation was not subject to a penalty. Under the amendment, this obligation has been made more specific, requiring sellers and landlords to provide energy performance certificates also for the parts of the buildings to which the respective agreements relate, and introducing a fine in case of non-compliance with this obligation.
What does this mean for investment?
The amendment imposes an obligation to attach a copy of the energy performance certificate of the building (in paper form or a printout of the certificate issued in electronic form) to apply for an occupancy permit and for notification of completion of construction.
The same exclusions apply to this rule as those relating to the obligation to obtain an energy performance certificate described above.
The obligation to attach an energy performance certificate will also apply to buildings that are currently under construction on the basis of building designs approved by building permits issued after 19 September 2020.
Failure to submit an energy performance certificate in the application for a occupancy permit or a notice of the completion of construction will require the authority to cite the applicant for formal deficiencies, which in turn will lead to prolonged completion of the investment process.
Consequences of failure to obtain an energy performance certificate
The amendment introduces a number of new penalties for failing to comply with the obligations relating to energy performance certificates, including a fine of up to PLN 5,000 for:
- preparation of an energy performance certificate by a person who does not meet the statutory requirements or who was not entered into the central register of energy performance of buildings;
- preparation and submitting a certificate that does not meet statutory requirements;
- failure to provide an energy performance certificate upon sale or lease;
- failure to periodically inspect the heating system or air-conditioning system of buildings by the building owner or manager.
What will happen to energy performance certificates already submitted?
Energy performance certificates submitted before the date of entry into force of the amendment will remain valid for the period for which they were prepared. (Certificates are valid for ten years).
In addition, certificates will lose their validity if any works have been carried out in the building or parts of it that affect energy performance, in which case the energy performance certificate will have to be obtained again.
Changes to the inspection of heating and air-conditioning systems
Inspection of heating or air-conditioning systems
The new regulations provide for an extension of the catalogue of mandatory inspections of heating or air-conditioning systems. Previously, boilers with a heat output of 20 kW or more and cooling units with an output of more than 12 kW were subject to inspection. The amendment provides for the compulsory inspection of combined heating/air-conditioning and ventilation systems with a combined heat and cooling capacity of more than 70 kW. The lawmakers have also introduced a catalogue of inspection exemptions, including non-residential buildings equipped with automation and control systems.
Mandatory automation and control systems
By 31 December 2024, the owner or manager of a non-residential building (provided that it is technically reasonable and economically viable to do so) will be obliged to equip buildings with an automation and control system, provided that the building has: a heating system or a combined heating and ventilation system with a rated total heat output of more than 290 kW; and an air conditioning system or a combined air conditioning and ventilation system with a rated total cooling output of more than 290 kW.
For more information on this amendment and Poland's building sector, contact your CMS client partner or local CMS experts.
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