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Law No. 260 Of 23 June 2006

Original Language Title:  LEGE nr. 260 din 23 iunie 2006

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LEGE no. 260 260 of 23 June 2006 on approval Government Emergency Ordinance no. 187/2005 for amendment Government Emergency Ordinance no. 174/2002 on the establishment of special measures for the thermal rehabilitation of multi-stage residential buildings
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 575 575 of 4 July 2006



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 187 187 of 14 December 2005 for amendment Government Emergency Ordinance no. 174/2002 on the establishment of special measures for the thermal rehabilitation of multi-stage residential buildings, published in the Official Gazette of Romania, Part I, no. 1.188 of 29 December 2005, with the following amendments and additions: 1. The introductory part of Article I shall read as follows: " Art. I.-Government Emergency Ordinance no. 174/2002 on the establishment of special measures for the thermal rehabilitation of multi-stage residential buildings, published in the Official Gazette of Romania, Part I, no. 890 of 9 December 2002, approved with amendments and additions by Law no. 211/2003 ,, amend and supplement as follows: '. 2. In Article I, before paragraph 1, four new points shall be inserted as follows: "-Article 1 shall read as follows: "" Art. 1. -(1) The present emergency ordinance establishes special measures for the thermal rehabilitation of some housing-condominiums, made between 1950-1990, in order to increase their energy performance. (2) The thermal rehabilitation of a residential building, for the purpose of this emergency ordinance, represents the operations carried out in order to increase the energy efficiency of the building, by reducing consumption and energy losses. " -Article 2 will read as follows: "" Art. 2. -(1) Housing-condominiums shall be included in annual programmes of actions for thermal rehabilitation, hereinafter referred to as annual programmes. (2) The annual programmes shall be drawn up by the Ministry of Transport, Construction and Tourism, based on the proposals established by the local councils of municipalities, towns and communes, respectively by the General Council of Bucharest Municipality and local councils of the sectors of Bucharest, and are approved by order of the minister, within the limits of the budgetary resources allocated for this purpose. (. The eligibility conditions under consideration in the establishment of the annual programmes shall be as follows: a) the existence of the decision of the local councils of the municipalities, towns and communes, respectively of the sectors of Bucharest, to include the housing-condominiums in the annual programs; b) the existence of the convention concluded by the authority of the local public administration with the association of owners, drawn up in accordance with the provisions of the c) other criteria established by the methodological norms for the application of this emergency ordinance. (4) The main criteria for inclusion in the annual programmes are as follows: a) the age of construction, priority having buildings with a higher seniority; b) the constructive system of the building envelope, priority having the buildings made of precast reinforced concrete; c) thermal losses of construction in relation to a specific consumption of maximum acceptable energy, established by the methodological norms; d) the climatic location; e) the number of apartments, priority having buildings with a higher number of apartments; f) other criteria established by the methodological norms. (5) For dwellings in residential buildings, owned/managed by local councils, respectively of the General Council of the Municipality of Bucharest or of the local councils of the sectors of Bucharest, the option on thermal rehabilitation belongs to the owner (6) The local councils, respectively the General Council of Bucharest and the local councils of the sectors of Bucharest, are obliged, as the case may be: a) constitute commissions for energy efficiency that coordinate the activities arising from the obligations provided for in this emergency ordinance; b) to inventory all the buildings that will be included in the annual thermal rehabilitation programs; c) to execute the expertise and energy audit of the inventoried buildings; d) notify the owners ' associations the eligibility conditions and the selection criteria, the intervention stages, the estimated cost of thermal rehabilitation, the conditions for reimbursement of the costs of the association and the way of financing works, under the conditions of this emergency ordinance; e) to obtain from the owners association the decision of the general meeting on the acceptance to include the building in the thermal rehabilitation program and proof of the existence of financial resources for the start of works f) to provide the Ministry of Transport, Construction and Tourism with the data and documents necessary to substantiate the annual programs, according to the methodological norms for the application of this emergency ordinance. (7) In order to substantiate the technical-economic solutions regarding the thermal rehabilitation of housing-condominiums, the Ministry of Transport, Construction and Tourism initiates studies, audit and prototyping, financed from the fund constituted according to art. 40 40 para. 1 lit. a) of Law no. 10/1995 on quality in construction, as amended, as well as from other sources constituted under the law. " -Article 3 will read as follows: "" Art. 3. -(1) For the purposes of this emergency ordinance, special measures for the thermal rehabilitation of residential buildings include the following: a) thermal insulation of the external walls, terrace, floor over the basement, making of roof and roof repairs or their replacement, replacement or doubling of windows and exterior doors, repair, consolidation and painting external walls and other structural and non-structural elements constituting the building envelope; b) interventions to the pipes and armatures with losses from the basement/thermal channel located in the individual property of the owners association. (2) Special thermal rehabilitation measures are based on energy expertise and audit and are carried out in compliance with the quality requirements and other obligations imposed by Law no. 10/1995 ,, as amended and technical regulations in the field. " -Article 4 will read as follows: "" Art. 4. -(1) The unitary coordination of the programs regarding the thermal rehabilitation of residential buildings is carried out through the Project Management Unit, constituted by order of the Minister of Transport, Construction and Tourism, and according to Annex no. 1 1 of Government Decision no. 462/2006 for the approval of the program "Termofication 2006-2009, quality and efficiency" and the establishment of the Project Management Unit. (2) The project management unit will coordinate: a) the annual programmes of actions for thermal rehabilitation; b) Operational program for thermal rehabilitation of residential blocks of condominiums within the National Development Program; c) the thermal rehabilitation program of the building envelope, respectively of the facades, terraces and exterior joinery, contained in the program "Thermofication 2006-2009, quality and efficiency". "" 3. In Article I, point 1 shall read as follows: "" 1. Article 5 will read as follows: "" Art. 5. -The owners associations will act for: a) approval in the general meeting of the owners of the request for the inclusion of the building in the thermal rehabilitation program and to receive the documentation provided for in 2 2 para. ((6) lit. d); b) approval in the general meeting of the owners of the start of thermal rehabilitation works of the building; c) conclusion of the Convention with the authority of the local public administration on inclusion in annual d) participation, at the request of the local public administration authority, in the commissions for the reception of thermal rehabilitation works, established by decision of the local council. "" 4. In Article I, point 2 shall read as follows: "" Two. Paragraphs 1, 2 and 4 of Article 6 shall read as follows: "" Art. 6. -(1) The coordinators of the annual programs are mayors of municipalities, towns and communes, respectively the mayors of the sectors of Bucharest. (2) The coordinators of the annual programmes shall take the necessary measures to carry out the expertise and the energy audit of the building and for the conclusion of the conventions with the owners associations of the residential buildings nominated in the annual programmes for continuing actions regarding the design and execution of thermal rehabilitation works of residential buildings. ........................................................................... (4) Contracting the energy expertise and audit, the design and execution of works for the thermal rehabilitation of the residential buildings nominated in the annual programs shall be done by the coordinators of the annual programs, in compliance with the provisions Legal in force on public procurement. "" 5. In Article I, point 3, Article 8 shall read as follows: "" Art. 8. -The funds necessary to finance the expenditure on the execution of works for the thermal rehabilitation of residential buildings nominated in the annual programmes shall be ensured as follows a) 34% of allowances from the state budget, within the limits of the funds approved annually with this destination in the budget of the Ministry of Transport, Construction and Tourism; b) 33% of the funds approved annually with this destination in local budgets and other legally constituted sources, including funds of the European Union; c) 33% of the repair fund of the association of owners and other legally constituted sources, including funds of the European Union. " 6. In Article I, after point 4, a new point is inserted, paragraph 5, with the following contents: "" Five. After Article 9, three new articles are introduced, Articles 9 ^ 1 -9 ^ 3, with the following contents: "" Art. 9 9 ^ 1. -By exception to the provisions of art. 8 lit. b) and c), the funds necessary to finance the expenses for the execution of works for the thermal rehabilitation of housing/residential buildings owned/administration of public authorities, nominated in the annual programs, shall be ensure that: a) 34% of allowances from the state budget, within the limits of the funds approved annually with this destination in the budget of the Ministry of Transport, Construction and Tourism; b) 66% of funds approved annually with this destination in local budgets and other legally constituted sources, including European Union funds. Article 9 ^ 2. -Local councils of municipalities, towns and communes, respectively the General Council of Bucharest Municipality and local councils of the sectors of Bucharest, apart from the amount provided in art. 8 lit. b), may decide and take over the financing of the expenses related to the owners ' associations, depending on the technical condition of the building and the material situation of the owners. Art. 9 ^ 3. -The building permit for the execution of thermal rehabilitation works on the residential buildings nominated in the annual programs shall be issued, by exemption from the legal provisions, with tax exemption. "" 7. In Article I, point 5 shall read as follows: "" Five. Article 10 shall be repealed. ' 8. In Article I, after point 5, a new point is inserted, paragraph 5 ^ 1, with the following contents: "" 5 ^ 1. Article 11 will read as follows: "" Art. 11. -(1) The costs of the thermal rehabilitation that the association of owners bears are those established by the provisions of art. 8 lit. c), of which: a) the cost of thermal rehabilitation of terraces, if housing is built through attic with thermal rehabilitation works, these costs being included in the cost of the respective attics; b) the cost of thermal rehabilitation of premises with a destination other than that of living, owned by economic operators, institutions or other bodies. (2) The costs of the thermal rehabilitation that the owners association supports, according to par. (1), shall be assigned to each owner, who shall bear: a) the cost of thermal rehabilitation works related to their home; b) share of the cost of the other thermal rehabilitation works corresponding to the individual property, in proportion to the area owned in the property. (3) The costs provided in par. ((1) lit. a) and b) will be borne by the owners of the respective homes or premises. ((4) The amounts resulting from the sale of dwellings made by the attic by the local public administration authority shall constitute income to the local budget. "" 9. In Article I, point 6 shall read as follows: "" Six. Throughout the whole Government Emergency Ordinance no. 174/2002 , approved with amendments and additions by Law no. 211/2003 , the phrase "multistage living buildings" is replaced by the phrase "housing-condominiums". " 10. Article II shall read as follows: "" Art. II. -After the approval by law of this emergency ordinance, the Ministry of Transport, Construction and Tourism will update, within 60 days, the Methodological Norms for the application of Government Emergency Ordinance no. 174/2002 on the establishment of special measures for the thermal rehabilitation of multi-stage residential buildings approved by Government Decision no. 1.070/2003 , published in the Official Gazette of Romania, Part I, no. 661 661 of 18 September 2003. ' + Article II Government Emergency Ordinance no. 174/2002 on the establishment of special measures for the thermal rehabilitation of multi-stage residential buildings, published in the Official Gazette of Romania, Part I, no. 890 of 9 December 2002, approved with amendments and additions by Law no. 211/2003 , with subsequent amendments and completions, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 23, 2006. No. 260. _________