Executive Order On Energy Labelling Of Buildings

Original Language Title: Bekendtgørelse om energimærkning af bygninger

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Overview (table of contents)



Chapter 1



Scope, definitions, etc.





Chapter 2



Preparation, supply and setup of energy labelling





Chapter 3



The period of validity of energy labelling





Chapter 4



Energy labelling by sale, lease and transfer of share, etc.





Chapter 5



Energy labelling at new construction





Chapter 6



Energy labelling of larger privately owned buildings





Chapter 7



Certified energy labelling companies





Chapter 8



Accredited certifying bodies





Chapter 9



Temporary or occasional profession as independent expert





Chapter 10



The certified energy labelling companies ' obligations





Chapter 11



Supervision, etc.





Chapter 12



Access to justice





Chapter 13



Enforcement and publication





Chapter 14



Penalty





Chapter 15



Date of entry into force and transitional provisions



The full text of the Executive order on energy labelling of bygninger1)

Under section 2, paragraph 3, section 3, paragraph 7, section 4, section 5, paragraph 2, article 7, paragraph 3, article 10, paragraph 2, article 12, paragraph 1, articles 14 and 15, section 22, paragraph 2, article 24, paragraphs 1-3, section 24 (a), article 25, paragraph 1, article 28, paragraph 3, section 28 (a), section 29, paragraph 4, nr. 1 and 2, section 31, paragraph 2, article 32, paragraph 3, and section 35, paragraph 2, of the law on the promotion of energy savings in buildings, see. lovbekendtgørelse nr. 636 of 19. June 2012, and section 32 a of the Act on administrative procedures, see. lovbekendtgørelse nr. 1365 by 7. December 2007, fixed: Chapter 1 scope, definitions, etc.

§ 1. This notice deals with the energy labelling of buildings pursuant to the law on the promotion of energy savings in buildings.

(2). All buildings which use energy to regulate the indoor climate, energy labelled in accordance with §§ 16-18 and 21, unless they are exempted pursuant to section § 3-5.

§ 2. In this Ordinance for the purposes of the following: 1) Building: A stand-alone structure with walls and roof that in Building and housing registry (BBR) is specified as a building. By completely or partially grouped single-family houses with vertical boundaries (row, chain or double houses) (130), each unit of energy shall be marked, as was the one building, see. However, section 6, paragraph 2.

2) Certified energy labelling company: a company that is certified to carry out energy labelling of buildings under section 22.

3) Certifying Agency: a company that is accredited to carry out certification of energy labelling companies under section 27.

4) Property: A cadastral number or more cadastral numbers, which, according to the listing in the register must be kept United, see. law on separation and other registration in the land register. The property includes the buildings which stand on land registry number or numbers.

5) owner: The owner of a building or, in the case of condominiums, the Housing Society or, in the case of residential communities, a limited company, a residential andelsboligforening or a housing Ltd., see. However, section 13, which also may include a ejerbegrebet owner of a condo or a transfer of a share of stock or stock in a residential community, and section 16, paragraph 2, concerning the project sale.

6) Energy Consultant: A person who, in a certified energy labelling company is responsible for the preparation of the energy label.

7) total floor area: the sum of the total residential and commercial areas as defined by BBR for a building. For the purpose of calculating the total floor area shall be deducted other than areas in the BBR is registered under the uses referred to in §§ 3 and 4.

8) SEEB: Secretariat for energy-efficient buildings, there is a secretariat established by the Danish Energy Agency to carry out tasks relating to the energy labelling scheme, see. section 36 (2), hereinafter referred to as SEEB.

9) quality assurance: the process by which a company or expert institution authorised by the Danish Energy Agency carries out tasks relating to the quality assurance of the energy labelling scheme, see. section 36, paragraph 3.

10) Independent Expert: an impartial expert to certification (energy labelling) of buildings in another EU country in accordance with national legislation or administrative provisions implementing article 17 of the European Parliament and of the Council directive 2010/31/EU of 19. May 2010, on the energy performance of buildings (recast).

(2). Application code in BBR is given in brackets in this Ordinance.

§ 3. Buildings, which, according to the registration in the BBR wholly or mainly used for the following occupations are exempt from requirements for energy labelling: 1) Commercial production in the field of agriculture, forestry, horticulture, mining and quarrying and the like. (210), including, among other things, livestock, poultry, fur farm, Stud Farm, kennel, horticulture, fruit growing, greenhouses, farms, stone, gravel, peat and lignite extraction. Farmhouses to agriculture, however, are subject to requirements for energy labelling regardless of 1. paragraph and paragraph 2.

2) Commercial production on industrial, crafts, etc. (factory, workshop, etc.) (220). This refers to buildings used for manufacturing and processing and storage facilities in connection therewith, including, among other things, the brewing company (tappehal and the like) tannery, printing, iron foundry and slaughterhouse, shoes, tobacco, textile, paper and bread fabrication, photo lab, and the like.

3) electricity, gas, water or heating, combustion Institute, etc. (230).

4) Other building for agriculture, industry, etc. (290).

(2). If more than half of the total floor area of a building used for the purposes referred to in paragraph 1, the building as a whole are exempt from requirements for energy labelling.

§ 4. Buildings, which, according to the registration in the BBR is used for the following purposes are exempt from requirements for energy labelling: 1) Buildings used for worship and other religious purposes (410).

2) Cottage (510), except in the case of construction of the basic regulation. § 18.

3) Allotment (540).

4) Garage with space for one or two vehicles (910).

5) Carport (920).

6) Outhouse (930).

§ 5. The following categories of buildings are exempt from requirements for energy labelling regardless of registration in BBR: 1) Detached building with a total floor area of less than 60 m2.

2) Building, which is sold for the purpose of demolition.

3) building where the heated area is less than 60 m2 and does not exceed 25 per cent of the total floor area 4) Building, which is protected in accordance with law on building conservation and conservation of buildings.

5) Building, where it is not possible to perform a true energy calculation due to major deficiencies in the building's heating system or climate screen.

Chapter 2 Preparation, supply and setup of energy labelling section 6. Energy labelling shall be drawn up for each building, although there are several buildings located on that property, see. However, paragraph 2.

(2). There can be common energy labelling for several buildings on energy labelling of newly built row, chain and double houses (130), if by finished in the absence of a common energy framework for these.

§ 7. Energy labelling of buildings carried out by certified energy labelling companies, see. However, Chapter 9. The certified energy labelling company is responsible for the preparation and reporting of energy labelling.

§ 8. The certified energy labelling company must draw up the energy label in accordance with the guidelines laid down in pursuance of sections 11 and 12 and on the basis of a construction review, see. However, paragraph 2.

(2). Single-family houses (110, 120 and 130), where reporting of construction occurred in the calendar year before the year of energy marking 25 years or later, energy can be felt without a construction review, see. However, paragraph 3 and article 18 (1), (2). PT.

(3). Single family homes, where there is an application for planning permission submitted after 31 December 2002. March 2006 in accordance with Appendix 10 to building regulations for single-family 1998, can only be marked without building energy review referred to in paragraph 2, if there are implemented energy labelling before finished, see. section 11 of the Act on promotion of energy savings in buildings.

(4). Energy labelling without building review in accordance with paragraph 2 is subject to the condition that the owner guarantees in the form of a declaration, that there are no completed construction changes that substantially has impaired the energy performance of the building.

§ 9. Energy labelling must be made in a standardised energy labelling report of the concerned building category. Standard forms for energy labelling reports drawn up by the Danish Energy Agency and published on the website of Seeb.

(2). The certified energy labelling company must report the information in electronic form forming part of an energy labelling for SEEB.

(3). A energy labelling is extended when it certified the energy labelling Company pursuant to paragraph 2 has reported the information contained in the energy label for SEEB SEEB and then sent the energy labelling report with energy labelling number for the certified energy labelling company. SEEB may dismiss the alert and refuse the assignment of a number, if the energy label energy labelling does not comply with the Danish Energy Agency guidelines, see. sections 11 and 12.

(4). The certified energy labelling company shall keep evidence of the completed energy labelling of energy brand's period of validity, see. § 15. The obligation to keep the above mentioned documentation in the period of validity of the mark, within the meaning of energy. section 15 does not cease if the company ceases to be certified energy labelling company.
§ 10. Owners who have entered into an agreement with a certified energy labelling company about getting drafted an energy labelling, must allow the certified company the information about building energy labelling, which is necessary for the preparation of the energy label. The owner shall give the certified energy labelling company access to obtain information about the previous energy labels and inspection of technical installations, which are reported in electronic form to SEEB.

(2). Owner's obligation under paragraph 1 applies correspondingly if the agreement on the establishment of an energy labelling awarded by others who are eligible to enter into such an agreement under section 6, paragraphs 2 to 4, of the Act on promotion of energy savings in buildings.

§ 11. The Danish Energy Authority shall lay down in the Handbook for Energy consultants guidelines for the design and content of the energy label for the certified energy labelling company's compilation and reporting of energy labelling and for documentation of the energy label. Agency may also in the manual fix requirements for equipment used in connection with the energy label.

(2). The Danish Energy Agency guidelines, see. (1) and § 12, sent to the certified companies and energy labelling will be published on either Seeb or Danish Energy Agency's website.

§ 12. Energy labelling of buildings based on the building's estimated energy consumption, calculated on the basis of guidelines laid down by the Danish Energy Agency, see. § 11.

(2). At the energy labelling of newly built holiday homes (510) implemented the energy label without calculation of energy consumption.

(3). By lease of an entire or parts of a building with blocks of flats, institutions, buildings for trade and service (140, 150, 160, 190, 310, 320, 330, 390, 410, 420, 430, 440, 490, 520, 530, 590) can, however, be based on the measured energy label usage. By rent of buildings used for Office and administration (320) and where the lease is at least 25 per cent of the total heated floor area in the building, energy labelling, however, be based on the calculated consumption.

(4). Energy labelling on the basis of measured energy consumption, without prejudice. (3) assumes that there are monthly readings of energy consumption of at least 1 year. The contents of the required measurements shall include a measurement of electricity consumption on the one hand and, on the other hand, monthly readings of 1) building's consumption of energy for heating, hot water, 2) including the energy-using installations operating conditions, and 3) outdoor temperature.

§ 13. The certified energy labelling company shall, on request, supply the energy labelling report in paper version to the owner of the building. This obligation applies for a minimum of 7 years from energy-label reporting see. § 9, paragraph 4.

(2). The owner may supply the energy label in electronic form to that in accordance with the provisions of §§ 6-8 (b) and section 15 (a) of the Act on promotion of energy savings in buildings are eligible to get the energy label released.

(3). Via the portal boligejer.dk is made available for the energy label at any time being the owner of a building.

(4). The Danish Energy Agency shall retain the reported documentation of the implemented energy labelling in validity, however, the minimum mark energy for 7 years from the reporting date. The at all times being the owner of a building in the period in which the DEA is obligated to keep documentation, get electronic access to information on the energy label in question, which are reported to the DEA.

§ 14. Documents can be submitted to the Danish Energy Agency and SEEB in electronic form, in accordance with article 3. However, section 9, paragraph 2. Documents in electronic form, shall apply the digital signature with a level of safety equivalent to OCES standard or higher.

(2). The Danish Energy Agency can provide that certified energy labelling companies must submit material to the Danish Energy Agency, SEEB and technical auditor in electronic form.

Chapter 3 the period of validity of energy labelling section 15. Energy labelling have validity of 10 years. If the energy label identified savings with payback in 10 years, which together make up more than 5 percent of energy consumption, reduced the validity for 7 years.

(2). The period of validity of an energy labelling shall be counted from the date on which the SEEB has sent energy labelling report with energy labelling number for the certified energy labelling company, see. § 9, paragraph 3. If an energy labelling subsequently rectified, maintained the original period of validity.

(3). If after the drafting of the energy label is implemented changes, which significantly impairs the energy performance of the building, the former drew up energy labelling will not be valid.

Chapter 4 energy labelling by sale, lease and transfer of share, etc.

§ 16. In case of sale, see. section 6 of the law on the promotion of energy savings in buildings, must be the subject of a energy labelling for the building.

(2). At the conclusion of the agreement for the sale of a building or an apartment in this (project sales), it must, as is the Builder for building, present energy labelling for the buyer before putting into service, within the meaning of. section 18, paragraph 1. This also applies in the case of agreements for the sale concluded before or during the construction of the building, but with the takeover after completion.

§ 17. By lease or transfer of a share, etc., see. sections 7 and 8 of the law on the promotion of energy savings in buildings, must be the subject of a energy labelling for the building.

(2). Fixed-term rental of a maximum of 4 weeks duration per rental are exempted from the requirement referred to in paragraph 1.

Chapter 5 energy labelling at new construction section 18. Before putting into service or finished by a new building, the owner let develop an energy labelling of the building, unless made to energy labelling by project sale pursuant to section 16, paragraph 2. Energy labelling of new construction is carried out on the basis of a construction review.

(2). Outbuildings are exempt from the energy labelling of new buildings in accordance with paragraph 1.

(3). Buildings covered by the building regulations Chapter 7.1, paragraph 5, are exempt from the energy labelling by construction.

§ 19. Energy labelling according to § 18 shall be drawn up after the completion of the construction work. By construction, which will be completed in stages, drawn up the energy label after each stage.

(2). SEEB transmit automatically the energy label to the municipal building authority with a view to the completion of the construction works.

§ 20. The one who designs and carries out construction, to be energy labelled under section 18, shall, on request, provide the appropriate documentation for hidden constructions for the certified energy labelling company that has entered into an agreement with the owner about the preparation of the energy label.

Chapter 6 energy labelling of larger privately owned buildings section 21. Buildings with a total floor area of 1000 m2 or more, which is owned by other than public institutions etc. as mentioned in section 22 of the Act on promotion of energy savings in buildings, must have valid energy brand.

Chapter 7 Certified energy labelling companies § 22. Companies that are certified as energy labelling company by a certifying body, see. § 27, can perform energy labelling of buildings in accordance with this Ordinance.

(2). Certification of energy labelling companies must be carried out in accordance with the ' DS/EN ISO 9001 for quality management systems – system requirements ' and the Danish Energy Authority's requirements for companies that perform energy labelling. The Danish Energy Agency requirements will be published on the Agency's or Seeb website. ISO standard» DS/EN ISO 9001 ', promulgated in the Official Gazette, but not promulgated by the relevant technical specifications is set for review in the Danish Energy Agency.

§ 23. An undertaking which has been certified as energy labelling company after this Ordinance, for the purpose of submitting a notification for SEEB attached registration documentation for certification. The Danish Energy Authority shall decide whether the conditions for registration are met.

(2). The DEA maintains a publicly accessible register of certified energy labelling companies. Energy labelling can be performed when the company has received notice from SEEB for inclusion in the register.

§ 24. The Danish Energy Agency shall decide on the registration of the company not later than 4 weeks the energy labelling certified after receipt of the notification referred to in article 6. However, paragraph 2. This period shall begin from the time when all documentation has been submitted.

(2). The time limit referred to in paragraph 1 may be extended only once if the complexity of the case so warrants. The Danish Energy Agency justifies the extension and duration of the extension and shall notify this to the certified energy labelling company before the expiry of the time limit referred to in paragraph 1.

(3). When SEEB has received notification from the certified energy labelling company sends SEEB as soon as possible a receipt to the certified energy labelling company showing: 1) processing time limit referred to in article 6. paragraphs 1 and 2, 2) to the notifying certified company must not perform tasks as a certified energy labelling in accordance with this Ordinance, before the company has received notice from the Danish Energy Agency for inclusion in the register and 3) right of appeal.

(4). If the notification is incomplete, please give the notifying company as soon as possible and that there must be submitted further documentation and on the possible impact on processing time limit referred to in article 6. paragraphs 1 and 2.

§ 25. A certified energy labelling company must be covered by a professional liability insurance, which covers any property damages, for which the company may be subject to liability as a result of its advice as a certified energy labelling company.
section 26. The certified energy labelling company shall as soon as possible inform the SEEB on changes to or cancellation of a certification and on matters relating to the certification body, which means that the certified energy labelling company no longer meets the conditions necessary to make energy labelling of buildings, see. § 22.

(2). Registration in the Danish Energy Authority's register of certified energy labelling companies cease immediately if the company shall notify in writing to the company no longer want, SEEB, to be registered as a certified energy labelling company.

Chapter 8 Accredited certifying bodies section 27. A company can only carry out the certification of energy labelling companies after this notice, if the company is accredited as a certification body by the Danish accreditation and Metrology Fund, DANAK, or an equivalent recognised accreditation body that is a signatory of the European Confederation for accreditation bodies, EA's multilateral mutual recognition agreement.

(2). The certifying body must be accredited to certify the energy labelling companies after this notice in accordance with the ' DS/EN ISO/IEC 17021 conformity assessment – requirements for bodies which shall carry out the audit and certification of management systems ' and the Danish Energy Authority's requirements for accreditation of certifying bodies. The Danish Energy Agency requirements will be published on the Agency's or Seeb website. ISO standard» DS/EN ISO/IEC 17021 "promulgated in the Official Gazette, but not promulgated by the relevant technical specifications is set for review in the Danish Energy Agency.

Chapter 9 temporary or occasional profession as independent expert section 28. The DEA keeps a public register of independent experts, which are legally established in another EU country, in an EEA country or in another country with which the EU has entered into an agreement to this effect, in order to carry out the energy labelling of buildings and which have declared to the Agency, that the temporary and occasional intends to deliver the services as an approved energy consultant here in the country, see. the law on access to the exercise of certain professions in Denmark. In the register recorded information about the person's name, address and title or professional qualifications.

(2). Persons covered by paragraph 1, must submit written notification to the Danish Energy Agency, before they deliver services as independent experts in this country for the first time. The notification shall contain information about the insurance contract or other means of personal or collective protection in connection with professional liability.

(3). The first time the service provider wants to provide services as an independent expert in this country, or whose essential conditions are changing for the service provider, the following information must be reported in writing to the Danish Energy Agency: 1) Documentation for the nationality of the service provider.

2) attestation to the service provider is legally established in a Member State in order to carry on business as independent expert, and that at the time of issue of the attestation is not prohibited him to engage in that activity, not even temporarily.

3) proof of professional qualifications.

4) any kind of proof that the service provider has pursued the activity in question for at least 2 years during the last 10 years, if the profession or the education to the profession is not regulated in the person's home country.

(4). Notification to the Danish Energy Agency in accordance with paragraph 2 must be renewed once a year if the notifier intends to maintain the possibility of temporarily and occasionally to deliver services as independent expert here in the country during that year.

section 29. When an independent expert, recorded in the register pursuant to section 28 (1) performing services under this Ordinance, the independent expert should use the title used in the Member State, when in this Member State, a regulated title for develop of energy labels for buildings. The title must be given in the Member State of establishment in the official language or one of the official languages. If the title does not exist in the Member State of establishment, the independent expert shall indicate on one of that State's official language, which evidence the question as independent expert has.

(2). There is no requirement that persons entered in the register pursuant to section 28, paragraph 1, must be associated with an energy labelling business in order to be able to carry on business as independent expert.

section 30. The DEA can exchange information with other competent authorities in another EU country, in an EEA country or in another country with which the EU has entered into an agreement to that effect, about 1) companies established and registered as a certified energy labelling companies in this country, without prejudice. Article 23, paragraph 2, and which intends to provide temporary or occasional services in another EU country, in an EEA country or in another country with which the EU has entered into an agreement with this fact and 2) persons who are established in a similar occupation as impartial experts in another EU country, in an EEA country or in another country with which the EU has entered into an agreement to this effect and which intends to provide temporary or occasional services here in the country, see. section 28.

(2). With the competent authority of another Member State, in an EEA country or in another country with which the EU has entered into an agreement to this effect, in paragraph 1, is believed in this Ordinance the authority that manages the profession of independent expert in the country concerned.

section 31. The rules set out in this notice, including the conditions to practise as a certified energy labelling company shall, with the exception of the requirement for certification of the company without prejudice. Chapter 7 and §§ 37, 40 and 41, mutatis mutandis, to persons registered under section 28 (1).

(2). The temporary permit to practice as independent expert pursuant to this chapter shall cease immediately if the independent expert shall communicate, in writing, that he/she will cease as SEEB impartial expert.

Chapter 10 The certified energy labelling companies ' obligations § 32. The certified energy labelling companies must carry out their tasks as certified energy labelling companies in accordance with this Ordinance and guidelines from the Danish Energy Agency, see. sections 11 and 12.

(2). The certified energy labelling companies must furthermore 1) comply with the decisions of the Danish Energy Agency or Energy complaints board, 2) follow the instructions from the Danish Energy Agency and SEEB in dealing with cases concerning, respectively, complaints about energy labelling, quality assurance and desktop control and 3) pay owed fees borne by them for courses, etc.

(3). If errors or omissions are detected in an energy labelling without prejudice. in article 37, paragraph 4, the DEA, when special circumstances speak for it, to order the certified energy labelling company to repay the fee for the energy label to the one who has let the energy label design, or paying the cost of letting another certified energy labelling company draw up a new energy labelling for the building owner or another eligible.

section 33. The certified energy labelling company must be independent of the individual case, so that the certified energy labelling company is independent of interests that may affect worked as a certified energy labelling company.

(2). The certified energy labelling company must not have participated in the design or construction of a new building, where the design is performed after 31 December 2006. December 2005, and then energy labelled under section 18.

(3). If the energy consumption of a building is executed in the context of other work, it certified the energy labelling company ensure that the invoice to the owner clearly what the cost of the energy label has been.

§ 34. The certified energy labelling company's activities after this Ordinance are covered by the applicable general rules for technical advice and assistance (ABR). The provisions of the ABR, after which there may be agreement between the client and the Counselor about the size of the liability and responsibility of Adviser advising insurance coverage, do not allow access to make agreement on these matters, so that the client will be made worse than what follows from the notice.

section 35. Certified energy labelling companies must inform those who use or want to use the certified energy labelling company for the production of energy labelling in accordance with this Ordinance, of 1) any professional insurance, including contact information for the insurance company and information on geographical coverage and insurance 2) contact information to the DEA.

Chapter 11 Supervision, etc.

§ 36. The Danish Energy Agency oversees compliance with the law on the promotion of energy savings in buildings and this Ordinance.

(2). The Danish Energy Agency establishes a secretariat, SEEB, which according to rules laid down by the Danish Energy Agency carries out tasks relating to the energy labelling scheme, including: 1) detects and lists of certified energy labelling leads firms and independent experts the subject of Chapter 9.

2) Prepare cases for the Danish Energy Agency decisions on inclusion of consultants at the admission course, opinion and reprimand, correction of energy labelling, complaints about work performed by certified energy labelling companies, quality assurance as well as inquiries by the way on the energy labelling scheme.

3) Charge fees provided for under section 24, paragraph 3, nr. 2 and 3, of the Act on promotion of energy savings in buildings.

4) Receives and records the energy labelling and energy labelling assigns numbers.

5) Compiles statistics concerning the energy labelling scheme.
6) conducts quality assurance.

(3). The Danish Energy Agency can empower companies or institutions to set aside for experts and perform quality assurance of complete energy labelling in accordance with detailed guidelines and instructions from the Danish Energy Agency.

Chapter 12 section 37 complaints. Complaints about professional and quality issues relating to energy labelling and other services performed by certified energy labelling companies are processed by the certified energy labelling company, which produced the energy label. The complaint must be received in the certified energy labelling company not later than 1 year after the transmission of the energy labelling report. If the building after the transmission of the energy labelling report gets new owner, should the complaint be received in the certified energy labelling company not later than 1 year after the overtagelsesdag, which has been agreed between the seller and the buyer, but not later than 6 years from the energy labelling report dating. Complaints can be brought by 1) owners, see. § 2 (1) (8). 5, 2) owners of condominiums, cooperative members, stockholders and shareholders in a residential community and 3) purchasers or acquirers of energy-labelled buildings or apartments.

(2). Complain about conditions covered by paragraph 1 shall be submitted on a form prepared by the Danish Energy Agency.

(3). The certified energy labelling company treat the complaint and shall notify its decision in writing of the complaint after Danish Energy Agency guidelines, see. section 22 (2).

(4). Within 4 weeks after it certified the energy labelling company has announced its decision on the complaint without prejudice. (3) this decision can be appealed to the Danish Energy Agency, which processes and determine the complaint.

section 38. Complaints about professional and quality issues relating to energy labelling and other services performed by independent experts within the scope of Chapter 9 is processed by the Danish Energy Agency. The complaint must be received in the DEA not later than 1 year after the transmission of the energy labelling report. If the building after the transmission of the energy labelling report gets new owner, should the complaint be received in the DEA not later than 1 year after the overtagelsesdag, which has been agreed between the seller and the buyer, but not later than 6 years from the energy labelling report dating. Complaints can be brought by 1) owners, see. § 2 (1) (8). 5, 2) owners of condominiums, cooperative members, stockholders and shareholders in a residential community and 3) purchasers or acquirers of energy-labelled buildings or apartments.

(2). Complain about conditions covered by paragraph 1 shall be submitted on a form prepared by the Danish Energy Agency.

§ 39. The following decisions of the Danish energy authority can be appealed to the Energy complaints: 1) the Danish Energy Authority's decision of the complaint without prejudice. § 37 (4) and section 38.

2) Danish Energy Agency censure, without prejudice. section 40 (2), the Danish Energy Agency's warning, see. section 42 (3) and the Danish Energy Agency involvement, see. section 43.

(2). Energy complaints can involve former conditions in connection with a complaint by a certified energy labelling company of the Danish Energy Authority's decision on the indictment.

(3). The appeal must be lodged in writing to the Energy complaints board within 4 weeks after the decision is announced, see. section 29, paragraph 3, of the Act on promotion of energy savings in buildings. Appeals against the decisions referred to in paragraph 2, shall be filed at the same time as the complaint over the decision of the Danish Energy Agency has taken pursuant to paragraph 1, nr. 2 shall be submitted to the Energy complaints.

(4). Other decisions taken by the DEA pursuant to this order and Energy complaints Board's decisions cannot be brought before another administrative authority.

Chapter 13 enforcement and disclosure section 40. The DEA may in connection with a complaint under section 37 and in matters of quality assurance in accordance with § 36 require the certified energy labelling company to correct errors and omissions in an energy labelling, see. However, section 32, paragraph 3.

(2). The DEA can express itself in complaints under section 37 and in matters of quality assurance in accordance with § 36 of the energy labelling prepared by certified energy labelling companies pursuant to section 36, paragraph 3, or reprimand serious and repeated deficiencies in energy labelling and other services, such as certified energy labelling companies perform in their capacity as certified energy labelling and energy labelling business company infringement of obligations in accordance with Chapter 10. The Danish Energy Authority's opinion or reprimand are sent to the certified energy labelling company.

(3). The Danish Energy Agency can make registrations of decisions concerning injunctions in appeal proceedings in accordance with paragraph 1, as well as of the opinions and address in accordance with paragraph 2. The Danish Energy Agency can take certified energy labelling companies to tighter controls.

(4). Energy Agency sends its decision on opinion or reprimand in accordance with paragraph 2, for further action on the part of the certification body that has certified the certified energy labelling company, as the case is all about.

§ 41. The Danish Energy Agency publishes the names of certified energy labelling companies, who have received criminal prosecution under section 40 (2). The publication takes place on a list at Seeb website, where the date of the notification of is barred together quotes. The publication takes place no earlier than 4 weeks after the Danish Energy Authority's decision in the case is notified the concerned. If the decision is brought before the complaints board, Energy can not be done before publication there is the definitive decision in the matter. The names of certified energy labelling companies be deleted no later than 1 year after recording in the list.

§ 42. The Danish Energy Agency may order an independent expert to correct errors and omissions in an energy labelling, see. However, section 32, paragraph 3.

(2). The DEA can be for independent experts covered by Chapter 9 criminal prosecution errors and deficiencies in energy labelling and other services, as the independent expert performs in his capacity as independent expert in accordance with Chapter 9, as well as the independent expert's violation of obligations under sections 32 and 33.

(3). The Danish Energy Agency can assign impartial experts covered by Chapter 9 a warning in the event of serious or repeated mistakes, shortcomings and infringements as referred to in paragraph 2. In a warning is indicated, the conditions under which a registration to temporary profession as independent expert in accordance with Chapter 9 may be withdrawn by continued violations.

(4). Reprimands and warnings are included in the assessment of whether to apply sanctions as referred to in paragraphs 2 and 3 and section 43 (1) of 3 years from the date of notification of the warning to the independent expert or is barred. If the decision to reprimand or warning is taken by Energy complaints board, is considered the period of 3 years from the Board's decision in the case.

(5). The Danish Energy Agency can make registrations of reprimands and warnings to independent experts. The DEA may take independent experts for tighter controls.

section 43. The Danish Energy Agency may withdraw a registration with the right to temporary profession as independent expert in accordance with Chapter 9 if he or she 1) commit gross or repeated serious errors in connection with energy labels or other benefits to which the independent expert performs in his capacity as independent expert in accordance with Chapter 9, 2) regardless of a warning as referred to in article 42, paragraph 3, commit further serious or repeated breaches of obligations referred to in article 42, paragraph 2, or 3) no longer satisfies the conditions laid down in Chapter 9 to be unbiased expert after chapter 9.

(2). Any withdrawal of permission for temporary professional activity as independent expert in accordance with Chapter 9 may be granted only on condition that specific conditions be corrected within a time limit which shall be fixed by the Danish Energy Agency, including the fact that the independent expert shall rectify deficiencies in an energy labelling as referred to in section 42, paragraph 1, provided that the building in question has the same owner as on the retroactive effect of marking.

Chapter 14 Penalty § 44. With fine punished 1) the who fail to meet the requirement set out in section 16 (2) or in § 20, 2) the owner who fails to comply with the requirement set out in section 21, 3) the independent expert, which violates the requirement of article 9, paragraph 4, section 12, section 13, paragraph 1, article 29, paragraph 1, article 32, paragraphs 1 and 2, § 33, § 35, or 4) the giving inaccurate information about the relationship after this notice in respect of which he or she is required to provide information to the DEA or SEEB, or fail to submit such information.

(2). There can be weight when determining the penalty on the building's size.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 15 entry into force and transitional provisions § 45. The notice shall enter into force on the 1. July 2012.

(2). section 15, paragraph 2 2. paragraph shall apply from the 1. November 2012.

(3). section 13, paragraph 2, article 17, paragraph 2, article 36, paragraphs 2 and 3, article 44, paragraph 1, no. 1 and 3, and section 44 (2), shall apply from the 1. January 2013.

(4). At the same time repealed Executive Order No. 61 of 27. January 2011 on energy labelling of buildings. However, article 12, paragraph 2, article 16, paragraph 2, and section 40, paragraphs 2 and 3 shall apply up to and including 31 December 2002. December 2012. section 49, paragraph 2, 6, 7 and 8 of Decree No. 61 of 27. January 2011, as amended by Decree No. 540 of 27. May 2011, shall also continue to apply.
(5). Complaints and matters of quality assurance in relation to energy labelling, which is carried out either in accordance with article 49, paragraph 6, of the basic regulation. (7) of Decree No. 61 of 27. January 2011, or pursuant to bekendtgørelse nr. 228 of 7. April 2008 on energy labelling of buildings, by personally appointed energy consultants and service providers who have been permanently established as personally appointed energy consultants, are treated in accordance with the provisions of Decree No. 228 of 7. April 2008 on energy labelling of buildings, see. However, section 48, paragraph 1.

(6). § 52 of Decree No. 228 of 7. April 2008 on energy labelling of buildings shall continue to apply until the cases covered by this provision relating to personal legal consultants, registered energy konsulentfirmaer and established service providers are pre-finished, as SEEB takes over FIVE-Secretariat.

(7). The Danish Energy Agency publishes the names and business relationship for personally appointed energy consultants that have been given a warning under section 43, paragraph 2, of the Executive Order 228 of 7. April 2008. The publication takes place on a list at Seeb website, where the date of the notification of the warning also stated. The publication takes place no earlier than 4 weeks after the Danish Energy Authority's decision in the case is notified the concerned. If the decision is brought before the complaints board, Energy can not be done before publication there is the definitive decision in the matter. Names of personally appointed energy consultants deleted 1 year after recording in the list.

(8). Energy labelling regulations drafted during the period from the 1. September 2006 up to and including 31 December 2002. January 2011 is valid for 7 years. Energy labels drawn up before the 1. September 2006 are valid for 5 years.

§ 46. Personally appointed energy consultants, who after 30 June. April 2011 continues employment in a certified energy labelling company, retain their appointment and permission to report energy labelling by requisitions for rectification of deficiencies in a energy labelling according to § 43 (3) of Decree No. 228 of 7. April 2008. In such cases, the personally appointed energy consultant performs the energy label in accordance with the provisions of this Ordinance.

§ 47. Buildings under 250 m2, which is owned by public institutions etc. as mentioned in section 22 (1) (8). 1 and 2, of the law on the promotion of energy savings in buildings, must be energy mark for the first time no later than the 1. July 2009, see. Article 18, paragraph 2, of Decree No. 228 of 7. April 2008.

section 48. Complaints about professional and quality issues relating to energy labelling and other services performed by personally appointed energy consultants, independent experts or of certified energy labelling companies, as well as matters relating to quality assurance to be dealt with in accordance with the guidelines (Manual of Energy consultants), which was in force at the time of the energy label reporting. All other conditions in these cases are dealt with in accordance with the provisions of this Ordinance.

(2). The Danish Energy Agency decisions in application of paragraph 1 may be appealed to the Energy complaints pursuant to section 39 of this order.

Climate, energy and building Ministry, 25. June 2012 Martin Lidegaard/Ib L Official notes 1) Executive order implementing parts of a European Parliament and Council Directive 2005/36/EC of 7. September 2005 on the recognition of professional qualifications, the official journal of the European Union 2005, nr. L 255, page 22, as amended most recently by the European Parliament and of the Council Regulation No 40/94. 1137/2008 of 22. October 2008, the official journal of the European Union 2008, nr. L 311, page 1, parts of the European Parliament and Council Directive No. 2006/123/EC of 12. December 2006 on services in the internal market, the official journal of the European Union 2006, nr. L 376, page 36, and parts of the European Parliament and of the Council directive 2010/31/EU of 19. May 2010 on the energy performance of buildings (recast), official journal 2010, nr. L 153, page 13.