Government Ordinance no. 13/2016 imposes new obligations for building owners and administrators

Feb 22, 2016

In brief

As of 1 February 2016, the owners and administrators of private buildings frequently visited by the public are required to display the building’s energy performance certificate. The fine limits for non-observance of this obligation are to be increased as of 28 February.

In detail

Obligation to display energy performance certificate extended to private sector

Government Ordinance no. 13 of 2016, lays down new rules on energy performance certificates.

Thus, as of 1 February 2016, the obligation to display the energy performance certificate applies not only to buildings of public interest and utility, but also to specific categories of private buildings frequently visited by the public.

Categories of buildings for which certificate display is required

The obligation to display the energy performance certificate applies to the owners or administrators of the following categories of private buildings frequently visited by the public:

  • One-family dwellings;
  • Blocks of flats;
  • Offices;
  • Educational buildings;
  • Hospitals;
  • Hotels and restaurants;
  • Buildings for sport activities;
  • Buildings for commercial services;
  • Other types of energy consumers’ buildings.

Sanctions

Failure to comply with the obligation to display the energy performance certificate represents a contravention and may be penalised with fines of between RON 500 to 1,000. These fines will be increased as of 28 February 2016, to RON 1,250 - 2,500.

The State Inspectorate for Constructions is responsible for compliance inspections regarding these legal requirements and the imposing of fines.

[Source: Government Ordinance no. 13/2016 for amending and supplementing Law no. 372/2005 on the energy performance of buildings, published in the Official Gazette, Part I, no. 68 of January 29, 2016]

The Takeaway

The requirement to display energy performance certificates has been added to other obligations already imposed on real estate project developers, such as the obligation to provide energy performance certificates upon completion of works and sale of buildings.

The manner of implementation of the new regulations should be clarified within 90 days as of the date of entry into force of the ordinance, by updating the application normative acts.

 

For a deeper discussion of how this issue might affect your business, please contact:

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