LEGE no. 372 372 of 13 December 2005 (** republished) (* updated *) on the energy performance of buildings ((updated until 22 July 2016 *)
ISSUER
PARLIAMENT
---------- Note ... ---------- ** **) Republicated pursuant to art. VIII of Law no. 159/2013 to amend and supplement Law no. 372/2005 on the energy performance of buildings, published in the Official Gazette of Romania, Part I, no. 283 283 of 20 May 2013, giving the texts a new numbering. Law no. 372/2005 was published in the Official Gazette of Romania, Part I, no. 1.144 1.144 of 19 December 2005, and subsequently amended by Government Emergency Ordinance no. 114/2009 on some financial-budgetary measures, published in the Official Gazette of Romania, Part I, no. 919 of 29 December 2009, approved by Law no. 240/2011 , published in the Official Gazette of Romania, Part I, no. 864 864 of 8 December 2011. ---------- + Chapter I General provisions + Article 1 (1) The purpose of the present law is to promote measures to increase the energy performance of buildings, taking into account the external and site climatic conditions, the interior comfort requirements, the optimal level, from the point of view of costs, energy performance requirements, as well as to improve the urban aspect of the localities. ... (2) Increasing the energy performance of buildings by designing new buildings with low energy consumption and thermal rehabilitation of existing buildings, as well as correctly informing the owners/managers of buildings by the energy performance certificate, represents actions of general and general public interest in the context of energy saving in buildings, the improvement of the urban framework built and the protection of the environment. ... + Article 2 This law lays down conditions with regard to: a) the general framework of the methodology for calculating the energy performance of buildings and their units; ... b) the application of minimum energy performance requirements to new buildings and their new units; ... c) application of minimum energy performance requirements to existing buildings, building units and elements that make up the building envelope subject to major renovation works, as well as in the case of installation/replacement/modernization of systems technical buildings; ... c ^ 1) the application of minimum energy performance requirements to the element/elements that make/are part of the building envelope and has/have a significant impact on its energy performance, if it is/are modernized/upgraded or replaced/replaceed; ---------- Lit. c ^ 1) of art. 2 2 was introduced by section 4.2. 1 1 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. d) the energy certification of buildings and their units; ... e) inspection of heating systems and air-conditioning systems in buildings; ... f) the energy performance certificates control system, the energy audit reports, as well as the inspection reports of the technical systems of the buildings. ... + Chapter II Definitions + Article 3 The terms and expressions used in this Law shall read as follows: 1. building-assembly of spaces with specified functions, delimited by the building elements that make up the building envelope, including its related installations, in which the energy is used to ensure the inner comfort; 2. Energy performance of the building-the energy actually consumed or estimated to meet the needs related to the normal use of the building, necessities that mainly include: heating, preparation of hot water consumption, cooling, ventilation and lighting. The energy performance of the building is determined according to a calculation methodology and is expressed by one or more numerical indicators that are calculated taking into account the thermal insulation, the technical characteristics of the building and installations, design and location of the building in relation to external climatic factors, sun exposure and the influence of neighbouring buildings, own sources of energy production and other factors, including the indoor climate of the building, which influence the energy requirements; 3. Certificate of energy performance of the building-document elaborated according to the methodology for calculating the energy performance of buildings, whereby the energy performance of a building or a building unit is indicated and comprising data on primary and final energy consumption, including from renewable energy sources, as well as the amount of emissions in CO (2) equivalent. For existing buildings, the certificate also includes measures recommended to reduce energy consumption, as well as to increase the share of the use of renewable energy sources in total consumption; ---------- Item 3 of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 4. cogeneration-simultaneous production, in the same process, of thermal energy and electricity or mechanical energy; 5. air conditioning system-combination of components necessary to ensure an indoor air treatment, whereby the temperature is controlled or can be lowered. Air-conditioning can also achieve the control of humidity and air purity; ---------- Item 5 of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 6. boiler-assembly consisting of the boiler body and burner, intended to transmit to the water the heat released by burning a fuel; 7. rated thermal power-the maximum thermal power of an equipment, expressed in kW, specified and guaranteed by the manufacturer, which can be supplied during continuous operation, respecting the nominal yields specified by the manufacturer; 8. heat pump-mechanism, device or plant that transfers heat from the natural environment -- air, water or soil-to the building or to industrial plants, reversing the natural flow of heat, so as to circulate from a more temperature low to a higher one. In the case of reversible heat pumps, they can transfer heat from the building to the natural environment; 9. major renovation-works carried out on the building envelope and/or on its technical systems, the costs of which exceed 25% of the tax value of the building, excluding the value of the land on which the building is located. The tax amount of the building is determined according Law no. 227/2015 on the Fiscal Code, with subsequent amendments and completions; ---------- Item 9 of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 10. trigeneration-simultaneous production, in the same process, of thermal energy, electricity and cold; 11. unit of the building-an area/part of a building, a floor or an apartment in a building, which is designed/designed or modified/modified to be used/used separately; 12. technical system of the building-full of technical equipment of a building or a building unit intended for heating, cooling, ventilation, hot water consumption, lighting or for a combination thereof; 13. Tyre of the building-full of the perimeter construction elements that delimit the interior space of an outdoor environment building; 14. element of the building-element of the building envelope or a technical system thereof; 15. building whose energy consumption is almost equal to zero-building with a very high energy performance, at which energy consumption is almost equal to zero or is very low and is covered, at a minimum of 10%, with energy from renewable sources, including from renewable sources produced on site or nearby; ---------- Item 15 of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 16. Centralized heating or centralized cooling-distribution of thermal energy, in the form of steam, hot water or cooled liquids, from a centralized production source-district heating power plant, zone/quartal thermal power plant or thermal point-via a network, to several buildings or locations, with a view to its use for heating or cooling in buildings; 17. primary energy-energy resulting from renewable and non-renewable energy sources, which has not undergone any conversion or transformation process; 18. energy from renewable sources-energy obtained from non-fossil renewable sources, such as: wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydraulic energy, biomass, waste fermentation gas, also called gas storage, and the fermentation gas of sludge from wastewater treatment plants and biogas; 19. existing building-a building where the reception was carried out at the end of the works, including the building in operation before the date of entry into force of the Government Decision no. 273/1994 on the approval of the Regulation for the reception of construction works and related installations, with subsequent amendments and completions; 20. cost-optimal level-energy performance level that determines the lowest cost over the remaining normal operating time, where the lowest cost is determined taking into account the investment costs related to increasing the energy performance of the building, the maintenance and operating costs, the category of the building, as the case may be, and the remaining normal operating time of the building refers to the remaining estimated life of a building or element of its and for which energy performance requirements are set either for the building in ensemble, either for the building elements. The cost-optimal level is within the range of performance levels in which the cost-benefit analysis calculated over the normal operating time is positive. The calculation of the optimal level in terms of costs is carried out on the basis of the comparative methodology framework, applied according to the general conditions, expressed in parameters, provided by the technical regulations specific to the buildings; 21. Energy audit of the building-full of specific activities through which adequate data is obtained about the profile of the existing energy consumption of a building/building units and, where appropriate, identification and quantification of cost-effective energy saving opportunities by identifying solutions to increase energy performance, quantify energy savings and assess the economic efficiency of proposed solutions with cost estimation and the duration of the investment recovery and the development of the energy audit report; 22. Energy audit report-document elaborated following the building's energy audit activity, which contains the description of how the energy audit was performed, the main thermal and energy characteristics of the building building/building unit and, where appropriate, proposed measures to increase the energy performance of the building/building unit and its related indoor facilities, as well as the main conclusions on efficiency economic implementation of the proposed measures and the duration of the investment recovery; 23. energy auditor for buildings-natural person certified by the Ministry of Regional Development and Public Administration, in accordance with the legal provisions in force, which has the right to carry out the energy audit for buildings/units building and drawing up the energy performance certificate and the energy audit report. The energy auditor for buildings is the specialist who operates as an authorized natural person or as an employee of legal entities, according to the legal provisions in force; 24. certified technical expert-natural person certified by the Ministry of Regional Development and Public Administration according to the provisions Law no. 10/1995 on the quality in construction, as amended, for the specialty of heating-air conditioning installations, in accordance with the technical regulation " Guide to the technical-professional attestation of specialists with activity in construction ", approved by Order of the Minister of Public Works, Transport and Home No. 777/2003 , with subsequent amendments and completions. The certified technical expert is the specialist who has the right to carry out inspections, from an energy point of view, of heating and/or air conditioning systems and to draw up inspection reports for them. The certified technical expert shall carry out his activity as an authorized natural person or as an employee of legal entities, according to the legal provisions in force; 25. building of public interest and utility-building with a total useful area of over 250 m² frequently visited by the public, occupied by public administration authorities in which national, county or local public interest activities are carried out or in which commercial, social-cultural activities, education, education, healthcare, sports, financial-banking, accommodation and food, services and the like are carried out. ---------- Item 25 of art. 3 3 has been amended by section 2 2 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. 26. building frequently visited by the public-building with a total useful area of over 250 sqm in which daily or periodical activities of general and/or community interest are carried out, social, cultural, commercial and the like and which has space/spaces with function/functions intended/intended for the access and presence of the temporary or permanent public in this/them. ---------- Item 26 of art. 3 3 has been introduced by section 1 1 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which introduces the item 2 2 ^ 1 al art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Chapter III Methodology for calculating the energy performance of buildings + Article 4 (1) Within 12 months from the date of publication in the Official Gazette of Romania, Part I, of this Law, the Ministry of Regional Development and Public Administration shall develop and approve, by order of the Minister, the regulation *) the methodology for calculating the energy performance of buildings, hereinafter referred to as the methodology. ... Note ... ---------- * *) In 2007 it was issued Order of the Minister of Transport, Construction and Tourism No. 157/2007 for the approval of the technical regulation "Methodology for calculating the energy performance of buildings", published in the Official Gazette of Romania, Part I, no. 126 126 and 126 bis of February 21, 2007, with subsequent amendments and completions. ---------- (2) The methodology mainly includes the following elements: ... a) the thermotechnical characteristics of the elements that make up the building envelope, the interior partition, including air tightness; ... b) heating and hot water supply installations, including the characteristics in terms of their isolation; ... c) air conditioning/air conditioning installation; ... d) mechanical ventilation installation; ... e) the integrated lighting installation of the building, mainly the non-residential sector; ... f) the position and orientation of buildings, including external climatic parameters; ... g) solar passive and sunscreen systems; ... h) natural ventilation; ... i) indoor climate conditions, including those provided for by the project; ... j) internal heat inputs. ... ((. The methodology shall include, where appropriate, other elements, where their influence on the energy performance of buildings is relevant, such as: ... a) active solar systems and other heating systems, including electricity, based on renewable energy sources; ... b) electricity produced by cogeneration; ... c) district heating and cooling plants or block; ... d) use of natural light. ... ((4) In applying the comparative methodology framework for the calculation of the cost-optimal levels of the minimum energy performance requirements for buildings developed by the European Commission, the methodology shall be established the general conditions, expressed in national parameters. ... (5) The data and assumptions used for the calculation of the cost-optimal levels of the minimum energy performance requirements as well as their results shall be included in the national energy efficiency plans and shall be transmit to the European Commission by the Ministry of Regional Development and Public Administration, at intervals not exceeding 5 years. The first report shall be submitted by 30 June 2014. ... + Article 5 The energy performance of the building/building unit is mainly expressed by the following performance indicators: a) energy class; ... b) the specific total energy consumption; ... c) CO equivalent emissions index (2). ... + Chapter IV Energy performance requirements of buildings + Article 6 (1) The methodology shall set out the minimum energy performance requirements of buildings, hereinafter referred to as requirements, and shall be differentiated for different categories of buildings, both for new buildings and for existing buildings, after as follows: ... a) single-family dwellings; ... b) housing blocks; ... c) offices; ... d) educational buildings; ... e) hospitals; ... f) hotels and restaurants; ... g) construction for sports activities; ... h) buildings for trade services; ... i) other types of energy-consuming buildings. ... (2) The requirements set out in the methodology take into account the general conditions of indoor climate in order to prevent possible negative effects, such as inadequate ventilation, local conditions, the destination given in the project and the age of the building. ... ((3) The requirements shall be reviewed at regular intervals, not more than 5 years, and shall be updated whenever necessary to reflect technical progress in the construction sector. ... + Article 7 The requirements set out in the methodology shall not apply to the following building categories a) protected buildings and monuments that are either part of protected built areas, according to the law, or have particular architectural or historical value, to which, if their requirements were applied, they would objectionably modify their character or appearance exterior; ... b) buildings used as places of worship or for other activities of a religious nature; ... c) provisional buildings provided for use for periods of up to 2 years, from industrial areas, workshops and non-residential buildings in the agricultural field that require low energy consumption; ... d) residential buildings which are intended to be used for less than 4 months per year; ... e) independent buildings with a useful surface of less than 50 m². ... + Chapter V New buildings + Article 8 The new buildings comply with the requirements set out in the methodology. + Article 9 (1) For new buildings/building assemblies provided for in art. 6 6 para. (1), by the urbanism certificate issued by the competent local/county public administration authorities, in order to obtain, under the law, the building permit for buildings, in addition to the obligation to comply with the minimum requirements of Energy performance will require a study on the possibility of using alternative systems of high efficiency, depending on their technical, economic and environmental feasibility. ... ---------- Alin. ((1) of art. 9 9 has been amended by section 1 1 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which introduces the item 2 2 ^ 2 al art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) These alternative systems may be: ... a) decentralised energy supply, based on renewable energy sources; ... b) cogeneration/trigeneration; ... c) centralized heating or cooling or block; ... d) heat pumps; ... e) ground-aer; heat exchangers ... f) heat recovery. ... (3) The study provided in par. (1) shall be drawn up by the designer and shall be part of the feasibility study. ... ((4) The study on the possibility of using the alternative systems referred to in par. ((2) may be carried out for a building or for groups of similar buildings in the same locality. For centralized heating and cooling systems, the study can be carried out for all buildings connected to the same system. ... + Chapter VI Existing buildings + Article 10 (1) In existing buildings where major renovation works are carried out, their energy performance or building units subject to renovation must be improved, in order to meet the requirements set out in the methodology, to the extent which this is technically possible, functionally and economically. ... (2) The technical documentation developed for the authorization of the intervention works for major renovation shall develop the measures provided for in the energy audit report. ... (3) In the case of major renovation of buildings, their owners/administrators may mount alternative energy production systems provided for in art. 9 9 para. (2), in so far as the energy audit of the building is established that this is technically possible, functionally and economically. ... (4) When establishing the effectiveness of the measure on the installation of alternative energy production systems, provided for in art. 9 9 para. ((2), the technical and functional provision of the applicable fundamental requirements as set out in the art. 5 5 para. ((1) of Law no. 10/1995 , republished, as amended, as well as the classification in the optimal level, in terms of costs, of the minimum energy performance requirements. ... ---------- Alin. ((4) of art. 10 10 has been introduced by section 3 3 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 11 (1) The requirements apply to the renovated building or building unit, in order to increase the overall energy performance of the building. ... ((2) The requirements also apply to the element/tire elements that make/are part of the building envelope and have/have a significant impact on its energy performance, if it is/are modernized/upgraded or replaced/replaced. ... ---------- Alin. ((2) of art. 11 11 has been introduced by section 4 4 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Chapter VII Technical systems of buildings + Article 12 (1) In the case of new buildings, as well as in the case of major renovation of existing buildings, the requirements relating to the technical systems of the buildings provided for in the specific technical regulations, in force at the date of drawing up of the projects, the correct installation, sizing, adjustment and control of the technical systems and at least the following: ... a) heating systems; ... b) the systems for the preparation of hot water consumption; ... c) air conditioning/air conditioning systems; ... d) large ventilation systems; ... e) a combination of these systems. ... ((. The requirements shall apply insofar as, by design, it is established that this is technically possible, functionally and economically. ... + Article 13 In the case of new buildings, as well as in the case of major renovation of existing buildings, the owners/managers of buildings may request, under the law, the installation of intelligent metering systems, or, as the case may be, the installation of active control, such as automation, control and/or monitoring systems, aimed at energy saving. + Chapter VIII Buildings whose energy consumption is almost equal to zero + Article 14 (1) New buildings, for which the reception at the end of the works is carried out on the basis of the building permit issued as of December 31, 2020, will be buildings whose energy consumption is almost equal to zero. ... (2) By exception to the provisions of par. (1), new buildings in the property/administration of public administration authorities, to be received under the building permit issued after December 31, 2018, will be buildings whose energy consumption is almost equal to zero. ... (3) The level of energy needs for buildings whose energy consumption is almost equal to zero, including that provided from renewable sources, is established by technical regulations, differentiated by areas with energy potential from sources renewable, and regularly updated, depending on technical progress. ... (3 ^ 1) For the classification within the deadlines provided in par. (1) and (2) on the realization of new buildings whose energy consumption is almost equal to zero, by the urbanism certificate issued by the competent local public administration authorities in order to obtain, under the law, the authorization of building, it will be required to fit the energy needs of buildings into the levels laid down in the specific technical regulations. ---------- Alin. (3 ^ 1) of art. 14 14 has been introduced by section 2 2 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which completes the section 5 5 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (4) Mayors of urban localities with more than 5,000 inhabitants initiate multi-annual local plans to increase the number of new and existing buildings whose energy consumption is almost equal to zero, where objectives can be included. differentiated according to the climatic zones and the categories of buildings referred to in art. 6 6 para. ((1), which is approved by decisions of local councils. ... (5) Financing of the elaboration of the plans provided in (4), by the local public administration authorities, shall be ensured as follows: ... a) of own budgets; ... b) of the Structural and Cohesion Funds of the European Union, in accordance with the regulations and procedures for accessing these funds and under the conditions established by the procedural documents specific to the implementation of the operational programmes. ... (6) Provisions of para. ((4) and (5) may also apply by the mayors of the other urban and rural localities. ... (7) In the plans provided in par. (4) consist mainly of policies and financial or other measures adopted to promote buildings whose energy consumption is almost equal to zero, and measures relating to the use of energy from renewable sources in new buildings and existing buildings that are subject to major renovations. ... (8) The national plan for increasing the number of new buildings whose energy consumption is almost equal to zero and encouraging the realization of efficient transformation-from the point of view of the costs-of existing buildings in buildings whose consumption of energy is almost equal to zero is constituted by the centralization by the Ministry of Regional Development and Public Administration of the multiannual local plans provided in par. (4), developed by the local public administration authorities, and shall be reviewed every 3 years. ... (9) In order to assess the application of the measures contained in the multiannual local plans provided (4), until March 30 this year, for the previous year, the local public administration authorities shall transmit to the Ministry of Regional Development and Public Administration the plans and measures provided for in them, quantified both physically and and value. ... ---------- Article 14 has been amended by section 4.2. 5 5 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 15 Art. 14 14 shall apply to the extent that those investments are justified from a technical-economic point of view, based on the analysis of profitability during the normal operation of the building. + Chapter IX Financial incentives + Article 16 In order to increase the energy performance of buildings and the transition to buildings whose energy consumption is almost equal to zero, the Ministry of Regional Development and Public Administration, in its capacity as competent authority of central public administration, initiates normative acts promoting measures that envisage, mainly: ---------- The introductory part of art. 16 16 has been amended by art. III of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 of 29 January 2016, by replacing the phrase "building whose energy consumption is almost equal to zero from conventional sources" with the phrase "building whose energy consumption is almost equal to zero". a) adequate use of structural funds to increase the energy efficiency of buildings, in particular housing; ... b) efficient use of funds attracted from public financial institutions; ... c) coordination of the use of European Union funds with national and other forms of support, with a view to stimulating investment in energy efficiency in order to achieve national objectives; ... d) management of financial resources allocated from public funds to finance, under the law, the elaboration of technical-economic documentation, energy performance certificates, reports of technical expertise and energy audit, such as and for the execution of major renovation works of buildings included in programs to increase the energy performance of buildings. ... + Article 17 Local public administration authorities can finance, within the limits of the funds approved annually with this destination in local budgets, the elaboration of technical-economic documentation, as well as the execution of major renovation works on residential buildings and to buildings of public interest and utility, included in programs for increasing the energy performance of buildings. + Chapter X Energy performance certificate of the building Note ... ---------- * *) In 2007 it was issued Order of the Minister of Transport, Construction and Tourism No. 157/2007 for the approval of the technical regulation "Methodology for calculating the energy performance of buildings", published in the Official Gazette of Romania, Part I, no. 126 126 and 126 bis of February 21, 2007, with subsequent amendments and completions. including that provided from renewable sources, shall be established by technical regulations, differentiated by areas with renewable energy potential and shall be updated periodically, depending on technical progress. ---------- + Article 18 (. The energy performance certificate, hereinafter referred to as the certificate, shall be drawn up for: ... a) the categories of buildings provided in art. 6 6 para. (1) and their units, which are built, sold, rented or are subject to major renovations; ... b) buildings owned by public authorities or institutions providing public services. ... (2) The certificate shall be drawn up and issued by the energy auditor for the buildings, at the request of the investor/owner/manager of the building unit and shall be valid for 10 years from the date of issue entered in the certificate, unless, for the building/building unit to which there is a certificate in validity, major renovation works are carried out that modify its energy consumptions. ... (3) Certificates for the categories of buildings referred to in art. 6 6 para. ((1), including for building units and spaces with a destination other than that of dwelling, from collective living buildings, shall be drawn up on the basis of methodology. ... (4) The certificate for the buildings referred to in art. 7. ... (5) The certificate includes calculated values, in accordance with the technical regulations in force, on energy consumptions and CO (2) emissions, which allow the investor/owner/manager of the building/building unit to compare and evaluate the energy performance of the building/building unit. ... (6) The certificate includes recommendations to reduce the energy consumption of the building, with the estimation of the energy economy by carrying out measures to increase the energy performance of the building, including clarifications from where more information can be obtained detailed, such as: the cost-effectiveness of the recommendations made, the procedure to be followed for the implementation of recommendations, financial or other incentives and funding possibilities. ... ---------- Alin. ((6) of art. 18 18 has been amended by section 3 3 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which introduces the item 5 5 ^ 1 al art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (7) The form and framework content of the energy performance certificate shall be approved by order of the Minister for Regional Development and Public Administration. ... + Article 19 (1) For buildings or building units that are sold or rented, the investor/owner/manager is obliged to make available to the potential buyer or tenant, as the case may be, prior to the conclusion of the contract, a copy of certificate, so that it becomes aware of the energy performance of the building/building unit that they are going to buy/rent, as the case may be. ... (2) At the conclusion of the sales contract, the owner has the obligation to transmit the certificate, in original, to the new owner. ... (3) On the date of registration of the sale and purchase contract, respectively rental, the owner has the obligation to submit to the competent fiscal body a copy of the certificate, and the original will remain in the possession of the owner. ... (4) Purchase-purchase contracts concluded without compliance with the provisions of par. (1) are subject to relative nullity, according to the Civil Code. ... + Article 20 (1) For the buildings to be built, the certificate shall be drawn up through the care of the investor/owner/administrator, shall be presented by him, in original, to the committee meeting for the reception at the end of the works, shall be annexed, in copy, to the minutes of reception and constitute part of the technical book of the construction. ... (2) The minutes concluded on the occasion of the reception at the end of the works and not accompanied by the copy of the certificate shall be void of law ... (3) By exception to the provisions of art. 18 and 19, in the case of buildings that are sold before the reception at the end of the works, the investor/owner/manager provides the buyer with data/information in order to assess the energy performance of building/building unit, contained in its technical documentation, following that at the reception at the end of the works the provisions of par. ((1). ... + Article 21 In order to inform potential buyers or tenants, the investor/owner/manager of the building/building unit provided in art. 6 6 para. (1) will specify in the notices of sale or rental of them information from the certificate on the performance indicators provided in art. 5. + Article 22 ((1) In the case of buildings with a useful area of more than 500 m², owned/managed by public authorities, and in the case of buildings in which institutions operating public services operate, by means of care the owner/manager of the building, as the case may be, the certificate, in validity, shall be displayed in an accessible and visible place ... (2) As of July 9, 2015, the provisions of para. ((1) shall apply to buildings with a total useful area of more than 250 m², owned or operated by public authorities or in which institutions operating public services operate. ... (3) In application of the provisions of ((1) and (2), heads of public institutions as defined in art. 2 2 para. ((1) pt. 30 30 of Law no. 500/2002 on public finances, with subsequent amendments and completions, and the heads of local public institutions, as defined in art. 2 2 para. ((1) pt. 39 39 of Law no. 273/2006 on local public finances, with subsequent amendments and completions, owners or administrators of buildings of interest and public utility, hereinafter referred to as holders, will act to develop and display the certificate. ... ---------- Alin. ((3) of art. 22 22 has been amended by section 6 6 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (4) For the purpose of public information on energy consumption in buildings and the mobilization of their holders in the promotion of actions regarding the increase of energy performance of buildings, the certificate shall be displayed in all categories of buildings of interest and public utility, as well as those provided in art. 6 6 para. ((1), which are frequently visited by the public. ... ---------- Alin. ((4) of art. 22 22 has been amended by section 6 6 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (5) The holders of public buildings will act, during the period of validity of the certificates, for the implementation of the recommended measures included in the certificates drawn up for the buildings they own. ... ---------- Alin. ((5) of art. 22 22 has been introduced by section 7 7 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (6) Implementation of the recommended measures provided in par. (5) mainly involves the structural technical expertise and the energy audit of the existing building, the design, execution and reception of intervention works, in compliance with the normative acts and the technical regulations in force. ... ---------- Alin. ((6) of art. 22 22 has been introduced by section 7 7 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. ((7) Financing of activities/works for the implementation of the recommended measures shall be ensured as follows: ... a) from the own budgets of the public administration authorities; ... b) of the Structural and Cohesion Funds of the European Union, in accordance with the regulations and procedures for accessing these funds and under the conditions established by the procedural documents specific to the implementation of the operational programmes. ... ---------- Alin. ((7) of art. 22 22 has been introduced by section 7 7 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Chapter XI Inspection of heating systems + Article 23 (. In order to reduce energy consumption and to limit carbon dioxide emissions, it shall be carried out: ... a) periodic inspection, at intervals of 5 years, to heating systems equipped with boilers using liquid or non-renewable solid fuel with rated power greater than 20 kW; inspection is also carried out for equipped heating systems with boilers using other types of fuel; ... b) periodic inspection at intervals of 2 years, at heating systems equipped with boilers having rated power greater than 100 kW; for heating systems equipped with boilers using gaseous fuel, periodic inspection is carried out at -year intervals. ... (2) For heating systems equipped with boilers with a rated power greater than 20 kW, regardless of the nature of the fuel and to which there is a monitoring and control system of their operation, the inspection shall be carried out at intervals of 10 years. ... ---------- Article 23 has been amended by section 6.6. 8 8 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 24 (1) The energy inspection of heating systems of buildings/building units shall be carried out, according to the technical regulations in force at the time of their performance, by certified technical experts. ... (2) The inspection report shall be handed over to the owner/manager of the building, as the case may be, and shall be kept by him at the technical book ... (3) The report prepared as a result of the inspection provided in par. (1) includes the result of the inspection, as well as recommendations for increasing the energy performance of the inspected system. ... + Chapter XII Inspection of air-conditioning systems + Article 25 For the purpose of reducing energy consumption and limiting carbon dioxide emissions, the inspection of air-conditioning systems with rated power exceeding 12 kW shall be provided at intervals of 5 years. The inspection of air-conditioning systems includes the efficiency assessment and the sizing in relation to the air conditioning needs of the building. Consumers will be informed about the improvement or replacement of the air conditioning system and other possible solutions. + Article 26 (1) The energy inspection of the air conditioning systems of buildings/building units shall be carried out, according to the technical regulations in force at the time of their performance, by certified technical experts. ... (2) The inspection report shall be handed over to the owner/manager of the building, as the case may be, and shall be kept by him at the technical book ... (3) The inspection report elaborated as a result of the inspection provided in par. (1) includes the result of the inspection, as well as recommendations for increasing the energy performance of the inspected system. ... + Chapter XIII Independent experts + Article 27 (1) The certification and the energy auditing of buildings shall be carried out by the energy auditors for buildings, certified by the Ministry of Regional Development and Public Administration, as the competent authority in the field of construction. ... (2) The Regulation on the attestation of energy auditors for buildings, providing for the conditions, attestation and obligations and responsibilities of the energy auditors for buildings, as well as the manner of periodic confirmation or suspension, where appropriate, their right of practice shall be approved by order of the Minister for Regional Development and Public Administration. ... ---------- Article 27 has been amended by section 6.6. 9 9 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 28 (1) Energy auditors for buildings and certified technical experts have the obligation to register the data for the identification of the documents drawn up, respectively of the certificates and energy audit reports, as well as of the systems inspection reports heating/air conditioning, as the case may be, in the own register of activity. ... (2) The certificates and summaries of the energy audit reports and of the inspection reports of the heating and air conditioning systems shall be transmitted, in electronic format, to the Ministry of Regional Development and Public Administration within maximum 30 30 days from the date of their preparation. ... (3) The Ministry of Regional Development and Public Administration shall constitute specific data banks, in which it may contract, under the law, the design, realization and management of specific data banks. ... (4) The financing of expenses for the design, realization and management of data banks specific to the energy efficiency of buildings is carried out from the state budget through the budget of the Ministry of Regional Development and Public Administration the limit of the funds approved annually with this destination and/or other legally constituted sources, in compliance with the provisions Law no. 500/2002 ,, with subsequent amendments and completions, and of Fiscal responsibility law no. 69/2010 . ... (5) The documents provided in par. (2) made available to the Ministry of Regional Development and Public Administration are confidential documents, data and technical information contained in them using for the purpose of establishing the data banks specific to the energy performance of buildings, and the results being information of public interest. ... (6) The framework content of the documents referred to in par. (2) and the procedure for their electronic transmission, as well as the procedure for the establishment and management of specific data banks, shall be approved by order of the Minister of Regional Development and Public Administration. ... + Article 29 (1) Energy auditors for buildings and certified technical experts operate as independent experts, authorized individuals or as employees of legal entities, according to the legislation in force. ... (2) The list of energy auditors for attested buildings shall be displayed on the website of the Ministry of Regional Development and Public Administration. ... + Chapter XIV Control system + Article 30 (1) The State Inspectorate in Constructions-I.S.C. exercises the control of the state regarding the unitary application of the legal provisions on the energy performance of buildings and the inspection of heating/air conditioning systems, based on a procedure elaborated by the State Inspectorate in Constructions-I.S.C. and approved by order of the Minister of Regional Development and Public Administration, in order to achieve and maintain the essential requirement of "energy saving and thermal insulation", and the other essential requirements laid down by Law no. 10/1995 ,, as amended. ... (. Control shall cover: ... a) verification of the certificate display at the buildings with a total useful area of over 250 square meters, provided in art. 22 22 para. (4), which are frequently visited by the public; ... ---------- Lit. a) a par. ((2) of art. 30 30 has been amended by section 4.2 4 4 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 10 10 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. b) annual verification, by survey, of at least 10% of the certificates and energy audit reports, as well as from the reports of inspection of heating and air conditioning systems, recorded annually in the specific data banks. ... ---------- Lit. b) a par. ((2) of art. 30 30 has been amended by section 4.2 4 4 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 10 10 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (3) The State Inspectorate for Construction-I.S.C. presents to the Ministry of Regional Development and the Public Administration quarterly, as well as at its request, reports on the control activity carried out and the measures ordered, including sanctions applied. ... ---------- Alin. ((3) of art. 30 30 has been amended by section 11 11 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 31 At the request of the State Inspectorate in Constructions-I.S.C., the designated specialists from the representative professional associations, respectively of the construction engineers and of the engineering of construction installations, of energy auditors for buildings, architects, as well as manufacturers of building materials, certified as energy auditors for buildings and/or technical experts certified for the specialty-air conditioning, participate in the checks provided in art. 30 30 para. ((2). + Chapter XV Sanctions + Article 32 (1) The following facts are contraventions: ... a) non-compliance with the obligation of the energy auditor for buildings and the certified technical expert to register in the own register of activity the documents provided in art. 28 28 para. ((1); ... b) non-compliance with the obligation of the energy auditor for buildings and the certified technical expert to transmit, in electronic format, at the deadline established by law, the content of the documents provided in art. 28 28 para. ((2); ... ---------- Lit. b) a par. ((1) of art. 32 32 has been amended by section 4.2 5 5 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 12 12 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. b ^ 1) the transmission of incomplete and/or erroneous data and information of the documents provided in art. 28 28 para. ((2); ---------- Lit. b ^ 1) a par. ((1) of art. 32 32 was introduced by section 4.2. 13 13 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. c) non-compliance with the obligation to display the certificate by the owners/administrators of the buildings with a total useful area of over 250 square meters, provided in 22 22 para. (4), which are frequently visited by the public; ... ---------- Lit. c) a par. ((1) of art. 32 32 has been amended by section 4.2 5 5 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 12 12 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. d) failure, at the established deadline, of the measures ordered by the State Inspectorate in Constructions-I.S.C. at the previous control; ... e) the drawing up and issuance of certificates and/or energy audit reports, as well as inspection reports, for which the energy auditor for buildings and, respectively, the certified technical expert, have no powers of elaboration, signing and stamping, according to legal provisions in force. ... f) the non-realization by investors of the study provided in art. 9 9 para. ((1) ... ---------- Lit. f) a par. ((1) of art. 32 32 was introduced by section 4.2. 14 14 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. g) non-compliance by auditors, in the recommended measures, of the provisions of art. 11 11 para. ((1) and (2) respectively, as appropriate; ... ---------- Lit. g) a par. ((1) of art. 32 32 was introduced by section 4.2. 14 14 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. h) non-compliance by experts, in the recommended measures, of the provisions of art 12 12; ... ---------- Lit. h) a par. ((1) of art. 32 32 was introduced by section 4.2. 14 14 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. i) repealed. ... ---------- Lit. i) a par. ((1) of art. 32 32 has been repealed by section 6.6. 6 6 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 14 14 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (2) The issuance of the urbanism certificate by the competent local/county public administration authorities, in order to issue the building permit, in violation of the provisions of art. 9 9 para. ((1) and of art. 14 14 para. (3 ^ 1), is considered a certificate of incomplete urbanism, constitutes contravention and is sanctioned according to the provisions art. 26 26 para. ((1) lit. h) and para. ((2) of Law no. 50/1991 on the authorization of the execution of construction works, republished, with subsequent amendments and completions. ... ---------- Alin. ((2) of art. 32 32 has been amended by section 7 7 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which introduces the item 14 14 ^ 1 al art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. (3) Contraventions provided in par. ((1) shall be sanctioned as follows: ... a) those referred to in lett. a), b) and c), with a fine of 1,250 lei to 2,500 lei; ... b) those referred to in lett. b ^ 1), d), f), g) and h), with a fine of 2,500 lei to 5,000 lei; ... ---------- Lit. b) a par. ((3) of art. 32 32 has been amended by section 4.2 8 8 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, amending section 15 15 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. c) those referred to in lett. e), with a fine of 5,000 lei to 10,000 lei. ... ---------- Alin. ((3) of art. 32 32 has been amended by section 15 15 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 33 (1) The finding of contraventions and the application of sanctions provided in art. 32 are made by the personnel with control and inspection duties of the State Inspectorate in Constructions-I.S.C. ... ((2) Contraventions provided for in art. 32 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ... + Article 33 ^ 1 In case of finding the contraventions provided in art. 32 32 para. ((1) lit. b ^ 1) and e) and the application of appropriate sanctions by the persons with control powers of the State Inspectorate in Constructions-I.S.C., Ministry of Regional Development and Public Administration, based on the reports provided in art. 30 30 para. (3), may order, by order of the Minister of Regional Development and Public Administration, as a complementary sanction, the suspension of the right of practice of energy auditors for buildings and/or of technical experts sanctioned contraventionally, for a period of between 6 months and 12 months, in proportion to the level of fines imposed and depending on the nature and gravity of the act. ---------- Art. 33 ^ 1 was introduced by item 9 9 of art. unique from LAW no. 156 156 of 15 July 2016 published in MONITORUL OFFICIAL no. 543 543 of 19 July 2016, which introduces the item 15 15 ^ 1 al art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Chapter XVI Transitional and final provisions + Article 34 (1) In order to increase the energy performance of buildings/building units in order to reduce energy consumption, the Ministry of Regional Development and Public Administration, in its capacity as regulatory authority in the field of Construction, will act for: ... a) the initiation of the information and education programs of the owners/managers of the buildings, as well as other activities of dissemination of information by all means of information, in relation to the different methods and practices that allow increased energy performance, the introduction of alternative energy systems as well as information in relation to the financial instruments available in this regard, including the use of funds obtained through initiation and development green investment schemes, according to the provisions Government Decision no. 432/2010 on the initiation and development of green investment schemes, as amended; ... b) the initiation and promotion of policies and programmes for the growth, in the period 2014-2020, of the number of buildings with energy consumption almost equal to zero; ... ---------- Lit. b) a par. ((1) of art. 34 34 has been amended by art. III of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 of 29 January 2016, by replacing the phrase "building whose energy consumption is almost equal to zero from conventional sources" with the phrase "building whose energy consumption is almost equal to zero". c) initiation and promotion of programs for the installation and exploitation of alternative energy production systems in buildings. ... (2) The activities provided in par. ((1) lit. a) is financed, under the law, from the state budget, through the budget of the Ministry of Regional Development and Public Administration, within the limits of the funds approved annually with this destination and/or from other legally constituted sources, and approved by order of the Minister of Regional Development and Public Administration, in compliance with Law no. 500/2002 ,, with subsequent amendments and completions, and of Law no. 69/2010 . ... + Article 35 The methodology provided in art. 4 4 para. ((1), including the minimum energy performance requirements of buildings/building units established by methodology, as well as specific technical regulations on the inspection of technical systems of buildings and building units shall be reviewed whenever it is technically justified, but at least at 5 years, to reflect technical progress, and is approved by order of the Minister of Regional Development and Public Administration. + Article 35 ^ 1 The Ministry of Regional Development and Public Administration displays on the web page the normative acts and technical regulations in force, applicable to the increase of the energy performance of buildings, in order to inform the unit interested in increasing the energy performance of buildings, reducing energy consumption and increasing the share of energy use from renewable energy sources in total primary energy consumption. ---------- Art. 35 ^ 1 was introduced by item 16 16 of art. I of ORDINANCE no. 13 13 of 27 January 2016 published in MONITORUL OFFICIAL no. 68 68 of 29 January 2016. + Article 36 Art. 18 18 para. ((1) and (2) on the development of certificates and their making available to potential buyers or tenants by the owners, in the event of the sale or rental of single-family homes and apartments in the housing blocks, shall be apply 3 years after the date of entry into force of this Law. + Article 37 This law shall enter into force on 1 January 2007. This law fully transposes into national law the provisions of Directive 2010 /31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast), published in the Official Journal of the European Union Series L No. 153 153 of 18 June 2010. Note ... NOTE: We reproduce below art. II, III, VI and VII of Law no. 159/2013 to amend and supplement Law no. 372/2005 on the energy performance of buildings, which are not incorporated in the republished form of Law no. 372/2005 and which continue to apply as own provisions of the amending act: "" Art. II. -1) List of measures provided for in art. 12 12 ^ 5 *) of Law no. 372/2005 on the energy performance of buildings, as amended, as amended and supplemented by this Law, shall be updated every 3 years after the entry into force of this Law and shall be included in the plans national action on energy efficiency. (2) Procedure provided for in art. 20 20 ^ 1 * *) para. ((1) of Law no. 372/2005 , as amended, as amended and supplemented by this law, shall be drawn up within 60 days of the entry into force of this Law. ... Note ... ---------- * *) Article 12 ^ 5 has become, by renumbering, art. 16 in the republished form of Law no. 372/2005 on the energy performance of buildings. ** **) Article 20 ^ 1 has become, by renumbering, art. 30 in the republished form of Law no. 372/2005 on the energy performance of buildings. ---------- Art. III. -The Ministry of Regional Development and Public Administration is working with the National Energy Regulatory Authority, with other public institutions, with central and local public administration authorities, as well as with universities technical, research and development institutes and professional associations involved in energy performance and efficiency in construction and construction facilities, in order to promote public policies on efficiency gains energy in the field of energy performance of buildings, respectively to substantiate the strategies, develop national action plans, as well as to set up specific databases to integrate and use them as information of public interest, in the national data infrastructure. ...................................................................... Art. VI. -(1) For the unitary application of the provisions of this Law, the Ministry of Regional Development and Public Administration may issue instructions that are approved by order of the Minister and shall be published in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Order of the Minister of Development, Public Works and Housing, the Minister of Economy and Finance and the Minister of Internal Affairs and Reform No. 691 / 1.459 / 288/2007 for the approval of the Methodological Norms on energy performance of buildings, published in the Official Gazette of Romania, Part I, no. 695 of 12 October 2007, shall be repealed. Art. VII. -On the date of entry into force of this Law, art. 14 lit. c) of Government Ordinance no. 22/2008 on energy efficiency and promotion of the use of renewable energy sources, published in the Official Gazette of Romania, Part I, no. 628 of 29 August 2008, as amended, shall be repealed. '; ... ------
