Advanced Search

Law 21/2013, Of 10 October, To Promote The Rehabilitation Of The Park Estate, The Improvement Of Energy Efficiency Of Buildings And The Use Of Renewable Energies

Original Language Title: Llei 21/2013, del 10 d’octubre, per al foment de la rehabilitació del parc immobiliari, la millora de l’eficiència energètica dels edificis i l’ús de les energies renovables

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Law 21/2013, of 10 October, to promote the rehabilitation of the Park estate, the improvement of energy efficiency of buildings and the use of renewable energies since the General Council in its session of October 10th, 2013 has approved the following: law 21/2013, the o10 October, to promote the rehabilitation of the Park real estate , improving the energy efficiency of buildings and the use of renewable energies exhibition of illustrations In a clear context of stagnation of national economic growth, exacerbated by the international crisis and the repercussions it has on citizenship, the law 93/2010, November 18, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the Administration reinforces the actions initially envisaged in the law 31/2008 , 18 December, economic reactivation measures and adopted new more adapted to the changing social and economic reality. Among these initiatives, the implementation of incentives in the form of direct grants and preferential loans to rehabilitate buildings for housing (article 13), the works to improve the energy efficiency of buildings (article 18) and the promotion of the use of energy from renewable sources (article 19).

The measures agreed in this respect by the Government since then have been concretized in the instrumentalisation of the devices suitable for each of these areas of activity. So, with regard to incentives to rehabilitate buildings, has established a program of preferential credits guaranteed by the Government (Decree of national interest and social qualification of a program aimed at the privileged financing for the rehabilitation of housing and for the rehabilitation of buildings for residential use, of 16 March 2011) and a program of direct grants (regulation for assistance to the rehabilitation of housing and for the rehabilitation of buildings to residential use , as amended for the last time on March 13, 2013). In the area of energy efficiency have been approved two specific technical regulations (regulation of energy in the building, from the 1st of October 2010, and regulation of the certification of the energy efficiency in the building, from 24 October 2012). What about incentives to introduce renewable energies, it adopted a specific programme of subsidies (Decree regulates the granting of economic aid for the installation of systems of renewable energy use in the building, from the 16th of March 2011 and December 7, 2011) that, because of its applicability is currently monthly has incorporated in the Regulation of aid for the renewal of dwellings and for the rehabilitation of buildings to residential use , March 13, 2013, which set up the program Renews.

Rehabilitate efficiently and to promote the use of energy from renewable sources involves reducing the energy consumption and the energy dependency by the diversification and, all in all, is to reduce the emission of polluting gases into the atmosphere. In addition, the general situation of economic crisis has affected so severe the construction sector in all its breadth, and you need to flip the situation. The current landscape, characterized by an unstoppable decline of the construction of new buildings, advised to put the emphasis on the rehabilitation of the existing real estate Park. Rehabilitation has become an impetus to generate wealth, and is confirmed as a feasible alternative to the crisis, but also as a commitment to sustainability and a more efficient use of the resources at our disposal.

The Administration must continue to promote the attainment of this objective with the adoption of measures to facilitate the generation of activity in this sector. You have to put at the disposal of the media which incite to undertake rehabilitation actions and boost the construction sector. The program calls for Renewed from the 2011 show the advisability of continuing with programs that promote the improvement of the quality of the existing real estate Park, and also highlight the need to expand the field of application, so far limited to the rehabilitation of buildings intended for housing.

In this sense, this law establishes a general framework that overcomes the limitations imposed by law 93/2010, November 18, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the Administration, both with regard to the scope of application, as the beneficiaries of the aid, the types of aid and the maximum amount of incentive to rehabilitate buildings and introduce renewable energy , with the desire that from now on you can modulate a program adapted to the needs of each moment.

As well, the law expands the actions that will be host to the program to all types of existing buildings, with certain exclusions; It removes the restrictions for benefit of public grants intended for the actions contained in the programme, which will be able to access any physical or legal person, or community of owners legally proving their ability to apply them; that the public grants that will be used to promote these actions necessarily consist in direct grants and preferential loans backed by the Government, but does not exclude the possibility of applying other devices if it is considered convenient, and provides that the limitation of the amount will be determined on the basis of various criteria, making prevail the energy savings achieved.

Article 1 Purpose the purpose of this law is to regulate the general criteria you need to follow the Government to develop the regulations a program that improves the quality of parc national real estate.

Article 2 scope of application 1. The program must include measures to: a) to encourage the rehabilitation of existing buildings with the aim of improving the conditions of habitability, accessibility to industrial safety and general safety of the building, of the façades, sustainability and energy efficiency.

b) promote the implementation of renewable energy in existing buildings and new construction.

2. The measures contained in the program are applicable, as appropriate, to the units that make up the buildings.

3. The programme is intended for actions on any type of building, except: a) The industrial facilities, workshops and non-residential agricultural buildings, low energy demand.

b) temporary buildings with a period equal to or less than two years.

c) Are separate buildings with a total useful surface area of less than 50 m2.

4. The program cannot accommodate the activities completed prior to its entry into force.

Article 3 for the purposes of protected Performances program, in general are protected performances: a) the improvement of accessibility and the removal of architectural barriers in existing buildings, to promote equal opportunities, non-discrimination and universal accessibility for people with functional diversity.

b) the improvement of industrial safety and the thermal and acoustic insulation of existing buildings, to improve its performance and adapt them to the technical regulations in force in these fields.

c) to improve the sustainability of existing buildings, to promote the reduction and reuse of resources available.

d) the improvement of energy efficiency, to promote energy saving and lower consumption of energy and thus contribute to better energetic rating of existing buildings.

e) the improvement of the façades, the Interior patios and decks, to promote the conservation and maintenance of the buildings to ensure the physical integrity of the people and, at the same time, promote your entirely in the urban environment.

f) the installation of management systems of energy coming from renewable sources in buildings, to a reduction in emissions of polluting gases into the atmosphere.

Article 4 Performances protected not for the purposes of the program, among others, are not protected performances: a) which consist of the existing facilities maintenance tasks.

b) which represent the structural or emptying the demolition of facades.

c) The volume or which involve an increase in the building of the existing building, unless this increase is necessary to fit the facilities protected actions.

d) which correspond to the end inside of a existing construction has never been completed.

e) which represent a cost greater than or equal to the value of the building before the renovation.

f) which is made in compliance with current standards, either national or communal level, unless you promptly to general interest it is established a limited period to carry out certain actions.

g) which correspond to the installation of some system of use of renewable energy with a specific regulation of the economic regime.

h) which affect the assets that make up the cultural heritage of Andorra as are defined in the law 9/2003, of 12 June, of the cultural heritage of Andorra, unless respect the character, nature and authenticity of the building, and have received the authorization of the Ministry of culture.

and The respect of which goods affecting) Administration has commenced disciplinary proceedings for breach of the regulations in force.

Article 5 the promoters of the proceedings 1. Can be people or sponsors of the activities contained in the program all the individuals, companies and communities of owners of buildings that have a domain or any other right that enables them to carry out the actions.

2. the common, the quarterfinals, the semi-public entities, the entities of public law and public societies can be the beneficiaries of the programme, except in the case that its buildings are affected to a use or a public service.

Article 6 types of aid measures contained in the programme to encourage the modernization and improvement of real estate Park and the introduction of renewable energies are, necessarily, in direct grants and preferential loans to developers of the performances.

Optionally, you can set the program to other systems of support for these actions.

Article 7 limits, guarantees and effects of non-compliance 1. The program establishes the maximum amount of the grants and preferential loans according to the features of the performance.

This maximum amount may consist of a percentage of the cost of the work, in a determined amount, or be proportional to the cost of the work, depending on the improvement obtained in terms of efficiency, measured by with the certification of the energy efficiency of the building.

In any case, the grants may not exceed a maximum of 40% of the actual cost of the securable.

2. the aid for the actions contained in the programme are awarded on the basis of the limits imposed the budget availability.

3. The program establishes the minimum period for new access to aid for the same performance, although it can be considered the development of this project in phases.

4. The program must establish the minimum period in which the promoter of the performances must keep the property once you have retrieved from the aid without making it onerous transmission, as well as the conditions under which you can make the subrogation.

5. The promoters of the actions legally respond with the same real estate which is intended the improvement, of the debt and obligations that contract to be awarded them a grant.

6. Failure to execute the work in accordance with the aid granted, the falsity of the data, the fulfilment of the conditions imposed to the promoters of the beneficiaries of the aid or the failure to allocate them to their purpose, regardless of the legal actions that may be taken, give rise to the reimbursement of assistance increased with the corresponding legal interests.

Article 8 Compatibility of assistance 1. All grants in the program are compatible with each other and with other public administrations or private entities that may be established, provided that does not exceed the costs of the performances protected.

2. In case of obtaining assistance from other public or private entities, the aid agreed by the Government have a subsidiary character.

3. In case of obtaining grants to the same purpose by the Government concerned agreed upon concurrent, activity or project, the assistance granted by the program have a subsidiary character.

Article 9 General terms and conditions for benefit of assistance 1. The program determines the procedure and the requirements to benefit from the aid, which must necessarily be considered the year of construction of the building or the total or partial restorations and the compliance with the applicable regulations.

However, it is not required the requirement of seniority in the actions aimed at promoting the implementation of renewable energies.

2. The call for the assistance established by the program opens once approved the budget for the annual exercise.

3. The issue of a grant is governed by the assessment of the requirements established in the program and according to the order of entry of estimated requests positively to exhaust all available.

4. The actions that you want to receive grants for the program must have the permission compulsory communal and have to adjust to the current urban legislation.

Article 10 Technical Commission of rehabilitation 1. The Technical Committee of rehabilitation as a collegiate body with administrative functions of technical evaluation and proposal of resolution of the applications to be eligible to the program, and their advice to the Government on any matter related to this Act.

2. The regulations must establish the composition of the Commission, which should have representatives from the general administration and the professional sectors directly involved in the actions set out in the programme, as well as its operation.

First additional provision authorises the Government to arrange credit operations by way of provision of guarantees by an endorsement to accomplish forecasts of the program in relation to the granting of preferential loans.

Second additional provision of the budget Act determines the amount of these credit operations.

First transitional provision of aid for the renewal of dwellings and buildings housing use in Andorra, of 13 March 2013, is in force until it is approved according to the programme replacing it.

Second transitional provision the qualification of national interest of a program of credits aimed at the privileged financing for the rehabilitation of housing and for the rehabilitation of buildings housing use, of 16 March 2011, is in effect until replace by another investment program that the Government has termed the national and social interest.

Repealing the first 13 are repealed, articles 18.2 and 19 of law 93/2010, of December 16, of measures for the promotion of the economic and social activity, and of rationalization and optimization of the resources of the administration.

Repealing provision abolishes all the other second provisions of equal or lower rank that conflict with the rules of this law or that the versus offline.

Final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.

Casa de la Vall, October 10, 2013 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília François Hollande Bishop of Urgell, President of the French Republic Co-prince of Andorra Co-prince of Andorra