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Executive Order On Energy Labelling Of Buildings

Original Language Title: Bekendtgørelse om energimærkning af bygninger

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Table of Contents
Chapter 1 Scope, definitions, etc.
Chapter 2 Preparation, extradition and production of energy labelling
Chapter 3 Validity period of energy labelling
Chapter 4 Energy Rating for Sales, Rent and Transition of Share and so on
Chapter 5 Energy Rating for New Construction
Chapter 6 Energy labelling of larger privately owned buildings
Chapter 7 Certified Energy Rating Companies
Chapter 8 Accredited Certified Bodies
Chapter 9 Non-Persistent or occasional occupational suquiesce as an expert
Chapter 10 Certified Energy Rating Company Responsibilities
Chapter 11 Supervision, etc.
Chapter 12 Appeal access
Chapter 13 Enforcement and publication
Chapter 14 Punishment
Chapter 15 Entry into force and transitional provisions

Publication on energy labelling of buildings 1)

In accordance with section 2 (2), 3, section 3, section. 7, section 4, section 5 (5). 2, section 7 (4). 3, section 10 (4). 2, section 12 (2). 1, sections 14 and 15, section 22, paragraph 1. 2, section 24, paragraph 1-3, section 24 a, section 25, paragraph. Paragraph 1, section 28 (1). 3, section 28 a, section 29 (4). 4, no. One and two, section 31, paragraph. 2, section 32 (3). Article 35 (3) and Article 35 (3). 2, in the Promomuse of Energy Savings in Buildings, cf. Law Order no. 636 of 19. June 2012, and section 32 a in the administrative act, cf. Law Order no. 1365 of 7. In December 2007 :

Chapter 1

Scope, definitions, etc.

§ 1. This notice refers to the energy labelling of buildings under the energy savings law in buildings.

Paragraph 2. All buildings where energy is used for the adjustment of the climate must be used in accordance with the rules of section 16 to 18 and 21 unless they are exempted from section 3 to 5.

§ 2. For the purposes of this notice :

1) Building : A stand-alone construction with walls and roofs in the BBR Building and Book Register (BBR) are specified as a building. In whole or in part, family houses with vertical scels (row, chain or double-use) (130) each unit must be energy-marked as if it were one building, cf. however, section 6 (4). 2.

2) Certified Energy Rating Company : An enterprise that is certified to make energy labelling of buildings after paragraph 22.

3) Certified body : An undertaking accredited to certify the certification of energy labelling firms in accordance with section 27.

4) Property : A matrix number or number of land numbers, which, according to the entry into the matrix, shall be kept together, cf. Act on the outlet and the second registration in the premises. A property includes the buildings on the matrix number or numbers.

5) Owner : An owner of a building or, as far as condos are concerned, an owner association or, as regards housing, a trade union, a housing company, a housing company or a housing company, cf. however, section 13 where the owner's concept may also include an owner of a condo or a translatate of a share, part or share in a housing community, and section 16 (4). 2, on project sales.

6) Energy Consultant : One person who in a certified Energy Rating Company is responsible for the preparation of the energy label.

7) Total Floor Area : the sum of the total accommodation and business areas as defined in BBR for a building. For the purpose of calculating the total Floor Area area, areas which in BBR are registered during the uses referred to in sections 3 and 4.

8) SEEB : The Secretariat of Energy-Effective Buildings, which is a Secretariat established by the Energy Management Board to perform tasks relating to the Energy Rating Scheme, cf. § 36, paragraph. 2, hereinafter referred to as SEEB.

9) Quality assurance : The process in which a company or expert institution empowered by the Energy Management Board shall carry out tasks relating to quality assurance of the energy labelling scheme, cf. § 36, paragraph. 3.

10) Independent expert : An imperviation of the certification of buildings in another EU country under national law or administrative provisions implementing Article 17 of the European Parliament and Council Directive 2010 /31/EU of 19. May 2010, the energy performance of buildings (recast).

Paragraph 2. Usage code in BBR is given in parentheses in this notice.

§ 3. Buildings which, according to BBR register in full or predominating, are exempt from the requirements for energy labelling, are excluded from the following :

1) Commercial production relating to agriculture, forestry, garneri, raw material extraction and similar. (210), including those included in livestock farming, poultry farming, fur farming, stud, kennels, gardenneri, frugvl, nursery, damnation, stone, brooding, peat, drying and lignant extraction. However, househouses for agriculture are covered by requirements for energy labelling regardless of 1. Act. and paragraph 2.

2) Commercial manufacturing industry, artistry, etc. (factory, shop and lign.) (220). For the purposes of this Regulation, buildings used for manufacturing and processing as well as stock-related activities, including inter-brewery, other than other brewery and similar establishments ; tannery, printing, iron foundry and slaughterhouse, shoe, tobacco, textile, paper and bread fabrication, photolaboratory and similar.

3) Electo, gas, water or heat, incinerators, etc. (230).

4) Other building for agriculture, industry and so on. (290).

Paragraph 2. If over half of the total epenal area of a building is used for the purpose referred to in paragraph 1. 1, the building as a whole is exempt from requirements for energy labelling.

§ 4. Buildings which, in accordance with BBR registration, are used for the following purposes, are exempt from requirements for energy labelling :

1) Buildings used for religious services and other religious purposes (410).

2) Sommerhouse (510), except in the case of reperformance, cf. § 18.

3) Colonial garden house (540).

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

5) Carport (920).

6) House (930).

§ 5. The following categories of buildings have been exempted from requirements for energy labelling regardless of registration in BBR :

1) Fritlying building with an overall eFloor Area of less than 60 m2.

2) Building to be sold for demolition.

3) Building where the area heated is less than 60 m2 and up to a maximum of 25%. of the total Floor Area,

4) Building, which is protected by law on building conservation and the preservation of buildings.

5) Building where it is not possible to carry out a legitimate energy calculation due to significant deficiencies in the building ' s heating system or on a climate monitor.

Chapter 2

Preparation, extradition and production of energy labelling

§ 6. Energy labelling shall be produced for each building, even though there are several buildings located on the property in question, cf. however, paragraph 1 2.

Paragraph 2. Common energy labelling can be drawn up for several buildings on energy labelling of newly-built, chain-and double-use (130) use (130), if there is a common energy framework in the light of these.

§ 7. The energy labelling of buildings is carried out by certified energy marking companies, cf. Chapter 9, however. The Certified Energy Rating Company is responsible for the preparation and reporting of the energy labelling.

§ 8. Certified Energy Rating Company must draw up the energy labelling in accordance with the guidelines set out under sections 11 and 12 and on the basis of a building review, cf. however, paragraph 1 2.

Paragraph 2. Houses (110, 120 and 130) where the construction of the building has been completed in the calendar year 25 years before the year of the energy marking or later, energy is felt without a building review, cf. however, paragraph 1 3 and Article 18 (3). ONE, TWO. Act.

Paragraph 3. A family house where applications for building permit are submitted after the 31. In March 2006, in accordance with Appendix 10 to Building Code for small-time 1998, only energy can be energy-labelled without building review under paragraph 1. 2 if energy-labelling has been completed prior to completion, cf. Section 11 of the Promomuse of Energy Savings in Buildings.

Paragraph 4. Energy Rating Without Building Review in accordance with paragraph 1 2 is conditional on the owner of a guarantee in the form of a declaration that no structural changes have been made, which have significantly improved the energy performance of the building.

§ 9. Energy labelling must be prepared in a standardised Energy Rating Report for the relevant building category. The Standard Energy Rating Reports forms will be prepared by the Energy Management Board and will be published on the SEEBs website.

Paragraph 2. In electronic form, the Certified Energy Rating Company must report the information that is part of an energy labelling for SEEB.

Paragraph 3. An energy labelling shall be valid where the Certified Energy Rating Company is certified in accordance with paragraph 1. 2 has reported the information that is included in the energy marking to SEEB and SEEB then sent the Energy Rating Rating Report to the Certified Energy Rating Company. SEEB can reject the report and refuse the allocation of an energy label if the energy label does not comply with the Energy Management guidelines, cf. sections 11 and 12.

Paragraph 4. The Certified Energy Rating Company shall keep supporting evidence of the energy label completed in the period of validity of the energy label, cf. § 15. The obligation to keep the said documentation in the term of validity of the energy label, cf. Section 15 does not cease if the company ceased to be a certified energy label company.

§ 10. Owners who have concluded an agreement with a certified Energy Rating Company to draw up an energy label must give the Certified Energy Rating Company the information about the building necessary for the preparation of the energy labelling. The owner must include, in particular, the Certified Energy Rating Company access to obtain information on the earlier energy markings and oversight of the technical facilities notified in electronic form to SEEB.

Paragraph 2. Owners ' obligation pursuant to paragraph 1. Paragraph 1 shall apply mutatis muth if the agreement to draw up an energy label shall be concluded by other eligible for the conclusion of such an agreement in accordance with section 6 (2). Two-four, on the promotion of energy savings in buildings.

§ 11. The FDA provides for the Management Board for Energy Consultants for Design and Energy Rating Guides, for Certified Energy Rating Company's production and reporting of energy labelling and on the documentation of the energy labelling. In addition, the manual may lay down requirements for equipment used in the context of the energy labelling.

Paragraph 2. The energy management guidelines, cf. paragraph 1 and section 12 shall be sent to the certified energy marking companies and shall be published on the website of the SEEBs or Energy Management website.

§ 12. The energy marking of buildings is based on the building ' s calculated energy consumption, calculated on the basis of guidelines determined by the Energy Management Board, cf. § 11.

Paragraph 2. In the case of energy labelling of newly-behaved summer houses (510), energy labelling is being carried out without the calculation of energy consumption.

Paragraph 3. In the rental of an entire or part of a building of floor housing, institutions, buildings for trade and service (140, 150, 160, 190, 310, 320, 330, 330, 420, 420, 440, 490, 520, 530, 530, 590), however, can be based on the measured consumption. In the rental of buildings used for office and administration (320), and where the lease is at least 25%. the energy marking must, however, be based on the calculated consumption of the overall Floor Area in the building.

Paragraph 4. Energy Rating Based on Measured Energy Use, cf. paragraph 3, presupbs that monthly readings of energy consumption are available for at least 1 year. The content of the measurement required must include, on the one hand, a measurement of electricity consumption and the monthly readings of the

1) the building's consumption of energy for heating, including warm water,

2) the operating conditions of the energy-consuming installation ; and

3) outside temperature.

§ 13. The Certified Energy Rating Company is required upon request to hand over the Energy Rating Report in the paper version to the owner of the building. This obligation applies for a minimum of 7 years from the energy marking report, cf. Section 9 (1). 4.

Paragraph 2. The owner can hand over the energy labelling in electronic form to the one that, in accordance with the rules in section 6-8 b and § 15 a in the Promised Energy Savings Act, is entitled to have the energy labelling provided.

Paragraph 3. The portal boily.dk portal is made the energy label available to it at any time being the owner of a building.

Paragraph 4. The DEA must keep the reported evidence of the energy label carried out in the period of validity of the energy label, but at least for seven years from the date of the notification. The owner of a building may in the period in which the DEA is obliged to keep the documentation, electronic access to information relating to the energy label in question, which has been reported to the Energy Management Board.

§ 14. Documents may be submitted to the DEA and SEEB in electronic form, cf. however, section 9 (4). 2. Electronic Signature Documents must use digital signature with a security level corresponding to the OCESS standard or higher.

Paragraph 2. The DEA may decide that certified energy label firms should submit material to the Energy Management Board, SEEB and technical auditor in electronic form.

Chapter 3

Validity period of energy labelling

§ 15. Energy markings are valid for 10 years. In the case of energy labelling, savings with repayment times less than 10 years together make up more than 5%. of energy consumption, the validity of the validity shall be reduced to seven years.

Paragraph 2. The period of validity of an energy label shall be taken from the date on which SEEB has sent the Energy Rating Rating Report with the Energy Rating Company for the Certified Energy Rating Company, cf. Section 9 (1). If an energy label subsequently enriched, the original period of validity shall be retained.

Paragraph 3. If the energy marking has been drafted, changes which significantly improve the energy performance of the building will not be valid in the previous energy labelling.

Chapter 4

Energy Rating for Sales, Rent and Transition of Share and so on

§ 16. For sale, cf. Section 6 of the Promomuse of Energy Savings in Buildings, we must provide for an energy labelling for the building.

Paragraph 2. In the conclusion of an agreement on the sale of a building or of an apartment in (project sales), the developer of the building must provide energy labelling for purchaser before the entry into service, cf. Section 18 (2). This shall also apply to contracts for sale entered into before or during the construction of the building, but with the completion of the final decision.

§ 17. For the rent or transfer of a proportion, etc., cf. sections 7 and 8 of the Promomuse of Energy Savings in Buildings, there must be an energy labelling for the building.

Paragraph 2. Time limit for a maximum of four weeks of duration per year. Rentable shall be exempt from the requirement laid down in paragraph 1. 1.

Chapter 5

Energy Rating for New Construction

§ 18. Before taking into service or complete registration of a new building, the owner shall allow the building of an energy marking of the building, unless there is energy labelling for project sales in accordance with section 16 (2). 2. Energy tagging of new construction is carried out on the basis of a building review.

Paragraph 2. Buildings have been exempted from energy labelling of new buildings in accordance with paragraph 1. 1.

Paragraph 3. Buildings included in the Building Regulation Chapter 7.1 (3). 5, exempted from energy labelling by reenactment.

§ 19. Energy Rating after Section 18 is drawn up after the end of the said construction worker. In construction, the energy marking shall be drawn up after each stage of construction.

Paragraph 2. SEEB shall automatically transmit the energy marking to the municipal building authority for the completion of the construction work.

20. The project which is projected and carrying out construction to be energy marked by section 18 shall provide the necessary documentation for concealed designs to the certified energy labelling company that has entered into an agreement with the owner on the preparation of : the energy labelling.

Chapter 6

Energy labelling of larger privately owned buildings

§ 21. Buildings with a total Floor Area of 1000 m2 or more owned by other than public institutions, etc. as mentioned in section 22 of the Promotions of Energy Savings in Buildings, must have a valid energy label.

Chapter 7

Certified Energy Rating Companies

§ 22. Companies that are certified as the Energy Rating Company of a Certified Body, cf. section 27, may carry out the energy labelling of buildings after this notice.

Paragraph 2. Certification of energy labelling firms must be carried out in accordance with the "DS/EN ISO 9001 on quality management systems-system requirements" and the energy management requirements for undertakings that carry out energy tagging. The demands of the energy management shall be published on the website of the management or SEEBs. ISO standard DS/EN ISO 9001 shall not be made available in the law, but shall be aware that the technical specifications in question are in review in the Energy Management Board.

-23. A company which has been certified as an Energy Rating Company after this notice shall submit a notification to the SEEB for the certification of certification. The Agency for Energy Management shall decide whether the conditions for registration are fulfilled.

Paragraph 2. The DEA has a publicly available register of certified energy labelling companies. Energy tagging can be performed when the company has received a message from SEEB on entry into the register.

§ 24. The DEA shall take a decision on the registration of the certified energy marking company within four weeks of receipt of the notification, cf. however, paragraph 1 2. The period shall run from the date on which all documentation has been submitted.

Paragraph 2. The period laid down in paragraph 1 1 may be extended once, if the complexity of the case justifies it. The Energy Management Board shall justify the extension and duration of the extension and communicate this to the Certified Energy Rating Company prior to the expiry of the time limit laid down in paragraph 1. 1.

Paragraph 3. When a SEEB has received notification from the certified Energy Rating Company, SEEB shall send a receipt to the certified energy label company as quickly as possible with the following information :

1) the case-processing period, cf. paragraph 1 and 2,

2) that the notified undertaking must not carry out tasks as certified energy labelling company after this notice, before it has been notified by the Energy Management Board for inclusion in the Register and

3) class action.

Paragraph 4. Where the notification is incomplete, the notifying undertaking shall be informed as soon as possible and that further documentation must be lodged and a possible impact on the case-processing period, cf. paragraph One and two.

§ 25. Certified Energy Rating Company must be covered by professional liability insurance covering any structural damage caused by the company as a result of its advisory counselling as a certified energy label company.

SECTION 26. Certified Energy Rating Company must inform the SEEB as soon as possible of changes or withdrawal of certification and relation to the certification body which means that the Certified Energy Rating Company no longer fulfils the conditions for the energy marking of buildings, cf. § 22.

Paragraph 2. The registration in the Energy Management Register of Certified Energy Rating Companies will terminate immediately if the Company notifies SEEB that the company no longer wants to be registered as a certified energy label company.

Chapter 8

Accredited Certified Bodies

§ 27. A company may only perform certification of energy labelling firms after this notice, if the company is accredited as a certified body of the Danish Accreditation and Transit Fund, DANAK, or equivalent recognition ; accreditation body, which has signed the European cooperation organization for accreditation bodies, EA, multilateral agreement on mutual recognition.

Paragraph 2. The certification body must be accredited to certify the energy label firms after this notice according to " DS/EN ISO/IEC 17021 on conformity assessment requirements-requirements for bodies carrying out audits and certification, management systems ' and the energy management requirements for the accreditation of certifying bodies. The demands of the energy management shall be published on the website of the management or SEEBs. ISO standard DS/IEC 17021 " prod not in law, but prod by the fact that the technical specifications in question are in review in the DEA.

Chapter 9

Non-Persistent or occasional occupational suquiesce as an expert

§ 28. The DEA is conducting a public register of independent experts established in another EU country, in an EEA country or in another country with which the EU has concluded agreement on this, in order to carry out the energy labelling of buildings and which have, notified to the Management Board that the temporary and occasional services intend to provide the service as an approved energy consultant here in the country, cf. the law of access to the practice of certain professions in Denmark. The register shall include the name, address and title or professional qualifications of the person concerned.

Paragraph 2. Persons covered by paragraph 1. 1, submit a written notification to the Energy Management Board before they provide services such as independent experts in this country the first time. The notification shall contain information on the contract of insurance or other personal or collective protection in the context of business responsibility.

Paragraph 3. The first time the service provider wishes to provide services as an expert in this country, or whose substantive circumstances are altering to the service provider, the following information must be notified to the DEA :

1) Documentation of the nationality of the service provider.

2) Attestation to the service provider is legally established in a Member State for business as an expert and that at the time of the issuance of the attestation, it is not prohibited by him to exercise this undertaking, either temporarily.

3) Proof of professional qualifications.

4) Any evidence that the service provider has exercised the company concerned for at least two years during the last 10 years if acquired or training is not legally regulated in the country of origin of the person concerned.

Paragraph 4. Notification of the Energy Management Board pursuant to paragraph 1. 2 shall be renewed once a year if the notifier intends to maintain the possibility of temporary and occasional service providers as an expert in this country during the year in question.

§ 29. When an unwilling expert, entered the register in accordance with section 28, paragraph 1. 1, performs services by means of this notice, the unwilling expert shall use the title used in the establishment State when, in this Member State, there is a regulated title for the creation of energy markings for buildings. The title shall be entered in the official language of the establishment Member State or by the official language of the establishment. If the title does not exist in the Member State of establishment, the unwilling expert must lead to one of the official languages of this state, as well as the teaching of the person concerned as an expert in the field of expertise.

Paragraph 2. There is no requirement for persons to be included in the register in accordance with section 28 (3). 1, must be associated with an energy label company in order to be able to conduct business as a non-expert.

-$30. The DEA may exchange information with other competent authorities in another EU country, in an EEA country, or in another country with which the EU has concluded agreement on this subject,

1) establishments established and registered as certified energy-labelling firms in this country, cf. Section 23, paragraph 1. 2, and which will temporarily or occasionally provide services in another EU country, in an EEA country or in another country with which the EU has concluded agreement on this subject, and

2) persons established in a similar profession as independent experts in another EU country, in an EEA country or in another country with which the EU has concluded agreement on this subject, and which intends to provide services here in a temporary or occasional way ; the country, cf. § 28.

Paragraph 2. With competent authority in another EU country, in an EEA country, or in another country with which the EU has concluded agreement on this subject, paragraph 1. 1 is believed to be the authority which administers the profession as an expert in the country concerned.

§ 31. The rules of this notice, including the conditions for the pursuit of the Certified Energy Rating Company, other than the requirement for certification of the undertaking, cf. Chapters 7 and sections § 37, 40 and 41, equivalent use of persons registered under section 28 (5). 1.

Paragraph 2. The temporary authorisation for an expert in the event of an unwilling expert following this chapter shall cease immediately if the unwilling expert in writing notifiates the SEEB in writing that they will cease to be an expert in writing.

Chapter 10

Certified Energy Rating Company Responsibilities

§ 32. Certified Energy Rating firms must perform their tasks as certified energy label firms in accordance with this publication and guidelines from the Energy Management Board, cf. sections 11 and 12.

Paragraph 2. Furthermore, the certified energy marking firms must also

1) comply with decisions taken by the Agency for Energy Management or the Energy Board ;

2) follow instructions from the DEA and SEEB in connection with the processing of cases of complaints, respectively, of energy labelling, quality assurance and writing-on-board controls ; and

3) pay guilty fees payable to them for training and so on.

Paragraph 3. If errors or deficiencies are detected in an energy label, cf. in section 37 (3). 4, may the DEA, when special circumstances refer to it, offer the Certified Energy Rating Company to repay the fee for the energy marking to the one that has allowed the energy labelling to produce or to pay the costs by allowing them to : another Certified Energy Rating Company is drawing up a new energy labelling for the building owner or another entitled person.

§ 33. The Certified Energy Rating Company must be independent in the individual case so that the Certified Energy Rating Company is independent of interests that can influence the work as a certified energy labelling company.

Paragraph 2. The Certified Energy Rating Company may not have participated in the design or construction of a new building in which the design has been carried out after the 31. In December 2005, and which will then be energy-marked according to section 18.

Paragraph 3. If energy labelling of a building is carried out in the context of other work, the certified energy label company shall ensure that the invoice for the owner clearly indicates what the cost of the energy labelling has been.

§ 34. The establishment of the Energy Rating Company after this notice shall be subject to the applicable General Provisions for Technical Consulting and Assistance (ABR). The provisions of ABR, after which an agreement can be reached between the client and the adviser on the level of the advisory position and whether the insurance cover of the adviser staff is to be taken, does not give access to the agreement on such matters, so that the client becomes ; Worse less than the consequences of the announcement.

$35. Certified Energy Rating Companies must inform those who use or wish to use the certified energy label company for the preparation of energy labelling following this notice ;

1) any occupational insurance, including contact information on the insurance undertaking and information on the geographical coverage of the insurance ; and

2) contact information for the Agency for Energy Management.

Chapter 11

Supervision, etc.

§ 36. The management of energy management controls compliance with the promotion of energy savings in buildings and this notice.

Paragraph 2. The Energy Management Board shall establish a secretariat, SEEB, as provided for by the Energy Management Board of Energy Management tasks relating to the energy labelling scheme, including :

1) Registers and lists of certified energy labelling firms and independent experts covered by Chapter 9.

2) Preparing for the decisions of the Energy Management Decisions concerning the admission of consultants to the admission course, opinion and affiliations, enrichment of energy labelling, complaints about work carried out by certified energy labelling firms, quality assurance and by the way, the Energy Rating Scheme.

3) The fees shall be set out in accordance with section 24 (4). 3, no. 2 and 3, in the Promomuse of Energy Savings in Buildings.

4) Receive and registers energy labels and assigns Energy Rating Numbers.

5) Experforms statistics on the energy labelling scheme.

6) Reviewing quality assurance.

Paragraph 3. The management of the DEA may be able to possess the establishments or expert institutions to perform and perform quality assurance of completed energy markings according to the guidelines and instructions of the Energy Management Board.

Chapter 12

Appeal access

§ 37. Complains of professional and quality conditions relating to energy labels and other services carried out by certified energy marking firms are being dealt with by the certified energy label company that has produced the energy labelling. The complaint shall be received in the certified Energy Rating Company no later than 1 years after the notification of the Energy Rating Report. If the building after the report of the Energy Rating Report is new the owner must be received in the certified Energy Rating Company no later than 1 years after the date of take-seller, which has been agreed between selling and purchaser, but not later than 6 years from date of the energy labelling report. Complaguing may be made by

1) owners, cf. Section 2 (2). 1, no. 5,

2) owners of condominiums, cooperatiers, holders and shareholders of a housing community ; and

3) purchasers or transferee of energy-labelled buildings or condos.

Paragraph 2. Complaguing the conditions referred to in paragraph 1. 1 shall be submitted on a table drawn up by the Agency for Energy Management.

Paragraph 3. Certified Energy Rating Company is processing the complaint and shall notify its decision of the complaint following the Guidelines for the Energy Management, cf. Section 22 (2). 2.

Paragraph 4. Within 4 weeks of the Certified Energy Rating Company, notified its decision of a complaint, cf. paragraph 3, this Decision shall be endorsed by the Management Board of Energy, which shall treat and decide the complaint.

§ 38. Complains of professional and quality conditions relating to energy marks and other services carried out by independent experts covered by Chapter 9 shall be treated by the Energy Management Board. The complaint shall be received in the Energy Management Board no later than 1 years after the notification of the Energy Rating Report. If the building after the report of the Energy Rating Report is new the owner must be received in the Energy Management Board no later than 1 years after the date of the takeover, which has been agreed between sales and purchaser, but no later than six years from the date on which the energy labelling report is dated. Complaguing may be made by

1) owners, cf. Section 2 (2). 1, no. 5,

2) owners of condominiums, cooperatiers, holders and shareholders of a housing community ; and

3) purchasers or transferee of energy-labelled buildings or condos.

Paragraph 2. Complaguing the conditions referred to in paragraph 1. 1 shall be submitted on a table drawn up by the Agency for Energy Management.

§ 39. The following decisions taken by the Energy Management Board may be complained to the Energy Appeal Board :

1) The Decision of the Energy Management Decision of the appeal procedure, cf. § 37, paragraph. 4 and section 38.

2) The energy management report, cf. § 40, paragraph. 2, the Energy Management warning, cf.. § 42, paragraph. 3, as well as the energy management inclusion, cf. § 43.

Paragraph 2. The Energy Board Board may include prior conditions in relation to a complaint from a certified Energy Rating Company on the Decision of the Energy Management Decision on the subject of the decision.

Paragraph 3. Complaints shall be submitted in writing to the Energy Board Board within four weeks of notification of the decision, cf. § 29, paragraph. 3, in the Promomuse of Energy Savings in Buildings. Complagues of the decisions referred to in paragraph 1. The Commission shall, at the same time, be lodged with the complaint against the decision taken by the Agency for Energy Management in accordance with paragraph 1. 1, no. 2, submitted to the Energy Clause Board.

Paragraph 4. Other decisions taken by the Energy Management Board pursuant to this notice and the decisions of the Energy Clause may not be brought to the second administrative authority.

Chapter 13

Enforcement and publication

§ 40. The DEA may, in connection with a complaint file after section 37 and in the case of quality assurance after paragraph 36, provide for the Certified Energy Rating Company that enriched errors and deficiencies in energy labelling, cf. however, section 32 (3). 3.

Paragraph 2. The Energy Management Board may express themselves in complaint cases in accordance with section 37 and in the case of quality assurance after paragraph 36 of energy labels drawn up by certified energy marking firms in accordance with section 36 (4). 3, or to address severe and repeated errors and deficiencies in energy labelling and other services that certified energy labelling firms perform in their capacity as certified energy labelling company and the energy labelling company ' s violation of obligations in accordance with Chapter 10. The energy management statement or the subject of the energy management system shall be sent to the Certified Energy Rating Company.

Paragraph 3. The Energy Management Board may make registrations of decisions on injunction in complaints as referred to in paragraph 1. 1, as well as of the statements and claims referred to in paragraph 1. The Energy Management Board may appoint certified energy labelling firms to monitor tighter controls.

Paragraph 4. The DEA shall send its decision on the opinion or the procedure laid down in paragraph 1. 2 for further action in the certification body which certified the certified energy-labelling company that the case is concerned.

§ 41. The DEA shall publish the names of certified energy labelling companies that have been subject to the subject of section 40 (4). The publication shall be published on a list on the SEEBs website, where the date of notification of the declaration is also shown. The publication shall not take place at the earliest four weeks after the decision of the Energy Management issue has been notified to the person concerned. If the decision is taken to the Energy Agency, the publication shall not take place before the final decision of the case is available. The names of certified energy marking companies shall be deleted no later than 1 year after the inclusion in the list.

§ 42. The DEA can offer an impervient expert to make valuable mistakes and shortcomings in energy labelling, cf. however, section 32 (3). 3.

Paragraph 2. The Energy Management Board may, in the case of independent experts covered by Chapter 9, address defects and defects in energy labelling and other services which the independent expert shall perform in his capacity as independent expert in accordance with Chapter 9, and the non-independent expert's infringement ; of commitments by sections 32 and 33.

Paragraph 3. The Energy Management Board may grant independent experts subject to chapter 9 a warning on serious or repeated errors, shortcomings and infringements referred to in paragraph 1. 2. A warning is indicated under what conditions the conditions for a temporary occupational exercise as an expert in accordance with Chapter 9 may be withdrawn by further infringements.

Paragraph 4. Alerts and warnings shall be included in the assessment of whether or not to apply sanctions as referred to in paragraph 1. paragraphs 2 and 3 and Article 43 (3). 1, for 3 years, from the date of notification of the declaration or the warning to the non-expert expert. If the decision on the subject or warning has been taken by the Energy Agency, the period of three years shall be taken into account in the case.

Paragraph 5. The DEA can make registrations of claims and alerts to independent experts. The DEA can extract unwilling experts to tighter control.

§ 43. The DEA may include a registration of the right to temporary occupational suquiesce as an expert in accordance with Chapter 9, if they are concerned ;

1) make serious or repeated serious errors in relation to energy marks or other services which the unwilling expert performs in his capacity as an expert in accordance with Chapter 9 ;

2) regardless of a warning referred to in section 42 (2). 3, committing further serious or repeated infringements of obligations referred to in section 42 (2). 2, or

3) no longer meets the conditions laid down in Chapter 9 in order to be an expert in accordance with Chapter 9.

Paragraph 2. Granting an authorization for temporary occupational susals as an expert in accordance with Chapter 9 may be conditional upon the fact that specified conditions are enriched within a time limit set by the Energy Management Board, including the unwillingness of an expert to rectify errors ; and there is a lack of energy labelling, as mentioned in paragraph 42, paragraph 1. 1, provided that the building concerned has the same owner as the time of validity of the marking.

Chapter 14

Punishment

§ 44. Penis punished.

1) the one failing to comply with the requirement in section 16 (3). 2, or in section 20,

2) the owner failing to comply with the requirement in section 21 ;

3) the unwilling expert who contravened the requirement in section 9 (4). 4, section 12, section 13 (3). Paragraph 1, section 29, paragraph. Paragraph 1, section 32, paragraph. 1 and 2, section 33, section 35, or

4) the person who submits incorrect information as to the relationship of this notice, while the person is obliged to provide information to the DEA or SEEB or not to provide such information.

Paragraph 2. The amount of the penalties may be placed on the scale of the building.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Chapter 15

Entry into force and transitional provisions

§ 45. The announcement shall enter into force on 1. July 2012.

Paragraph 2. Section 15 (3). TWO, TWO. Act. shall apply from 1. November 2012.

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

Paragraph 4. At the same time, notice No 61 of 27. January, 2011, on energy labelling of buildings. However, section 12 (2) shall be found 2, section 16 (4). Article 40 (2) and 40 (2). 2 and 3, apply to and with the 31. December 2012. § 49, paragraph. 2, 6, 7 and 8 of the notice. 61 of 27. January, 2011, as amended by Notice No 540 of 27. Furthermore, May 2011 continues to apply.

Paragraph 5. Complacements and quality assurance matters related to energy labels that have been carried out in accordance with section 49 (3). 6, cf. paragraph 7, in Notice no. 61 of 27. January, 2011, or in accordance with the notice no. 228 of 7. April 2008 on the energy labelling of buildings, of personally-appointed energy consultants and service providers, which have been established as a personal-appointed energy consulate, will be treated in accordance with the provisions of the notice in the notice. 228 of 7. April 2008 on energy labelling of buildings, cf. however, section 48 (3). 1.

Paragraph 6. § 52 i Notice no. 228 of 7. April 2008 on the energy marking of buildings shall apply until cases covered by this provision relating to personal-appointed consultants, registered energy consultancy firms and fixed established service providers are completed by the SEEB will take over the tasks of the SAVE Secretariat.

Paragraph 7. The Energy Management Board shall publish the names and business affinity conditions for personally-appointed energy consultants who have been awarded a warning after paragraph 43 (5). 2, in the notice 228 of 7. April 2008. The publication shall be made on a list on the SEEBs website, where the date of notification of the warning is also shown. The publication shall not take place at the earliest four weeks after the decision of the Energy Management issue has been notified to the person concerned. If the decision is taken to the Energy Agency, the publication shall not take place before the final decision of the case is available. Names of personally-appointed energy consultants will be deleted from one year after the inclusion in the list.

Paragraph 8. Energy markings drawn up during the period 1. September 2006 to and with the 31. January 2011 is valid for 7 years. Energy markings drawn up before the first 1. September 2006 is valid for 5 years.

§ 46. Personally, the energy consultants, who, after the 30. In April 2011, employment is continuing in a certified energy labelling company, maintaining their devour and authorizing energy markings on the correction of errors and shortcomings in an energy-labelling basis in accordance with section 43 (2). 3, in the notice. 228 of 7. April 2008. In such cases, the person who has personally disclosed the energy-labelling system in accordance with the rules laid down in this notice.

§ 47. Buildings under 250 m2, which are owned by public institutions, etc. as mentioned in section 22, paragraph 1. 1, no. 1 and 2, in the Promomuse of Energy Savings in Buildings, must be the first time the energy mark has been made at the latest by 1. July 2009, cf. Section 18 (2). 2, in Notice no. 228 of 7. April 2008.

§ 48. Complains of professional and quality issues relating to energy labelling and other activities carried out by personally-appointed energy consultants, independent experts or by certified energy marking companies and quality assurance matters must be addressed ; in accordance with the guidelines (Handbook for Energy Consultants), which were in force at the time of the reporting of the Energy Rating. All other matters shall be dealt with in accordance with the rules laid down in this notice.

Paragraph 2. Decisions of the Energy Management pursuant to paragraph 1. 1 may be complained to the Energy Clause after section 39 of this notice.

Climate, Energy and Construction ministry, the 25th. June 2012

Martin Lidegaard

-Ib Larsen

Official notes

1) The notice shall be part of Directive 2005 /36/EC of the European Parliament and of the Council of 7. September 2005 on the recognition of professional qualifications, EU Official Journal 2005, nr. In the case of paragraph 255, page 22, as amended by Regulation No No later by the European Parliament and 1137/2008 of 22. October 2008, EU Official Journal of 2008, nr. In 311, page 1, parts of the directive of the European Parliament and of the Council no. 2006 /123/EC of 12. In December 2006 on services in the internal market, EU-2006, nr. In 376, page 36, and parts of the European Parliament and Council Directive 2010 /31/EU of 19. May 2010 on the energy performance of buildings (recast), EU Official Journal 2010, nr. L153, page 13.