The bill on energy performance of buildings may lead to realty blockage if it’s passed in the form proposed by the Ministry of the Environment, said experts of the Center for the Analysis and Prevention of Corruption (CAPC). In a news conference at IPN, expert Gheorghe Iudin said that the bill is very important and opportune, but needs to be significantly modified.
The goal of the bill is to promote the improvement of the buildings’ energy performance, taking into account the weather conditions, the requirements concerning internal climate and cost efficiency. The bill suggests introducing minimum energy performance requirements for new buildings. This means that after the law takes effect, the competent authority will work out minimum energy performance standards that will be taken into account when designing new buildings. The buildings will not be put into commission if they do not meet these standards.
“We anticipate that the real estate market will become blocked as the bill says that the energy performance certificate will become mandatory when the law takes effect. But there was formulated no methodology and there were authorized no specialists,” said the expert.
Gheorghe Iudin also said that the bill describes certain actions of building owners, energy evaluators and inspectors as offenses that must be punished in accordance with the Code of Administrative Offenses. But the Code now does not stipulate such penalties.
Under the bill, when selling or leasing dwellings, the building owner must inform the buyer/lessee about energy performance and present the energy performance certificate to them in the original or a copy. But the bill does not contain norms concerning the effects of the non-fulfillment of this obligation on the sale-purchase contract or lease and disputes may appear as to the validity of these documents. It’s also not clear if the energy performance certificate is obligatory for signing such contracts.
Gheorghe Iudin added that the informative note does not contain sufficient arguments for adopting the bill and the analysis of the economic-financial regulation and substantiation impact.
The bill was examined within the project “Vulnerability appraisal of draft normative acts in terms of human rights” that is financially supported by the Civil Rights Defenders of Sweden.
