The law's purpose and scope
section 1 of the Act's purpose is to promote the efficient use of energy and
a good indoor environment in buildings.
section 2 of the Act shall apply to buildings for which energy is used
in order to affect building indoor climate.
Definitions
section 3, for the purposes of this law
energy performance: the amount of energy that needs to be used in a
building to meet the needs that are tied to a
normal use of the building for one year, and
independent expert: a person under this Act and the
regulations issued under the Act are independent
in relation to their clients and have special
expertise on energy use and the indoor environment in buildings.
Law (2012:397).
Obligation to energideklarera buildings
section 4 of The who for his own account up or allows the construction of a
building shall ensure that there is an energy Declaration
prepared for the building. Law (2012:397).
§ 5 the owner of a building shall ensure that there is always
an energy declaration drawn up for the building of
1. a total useful floor area over 250 m2 of
the building is frequently visited by the public, or
2. the building or part of the building are with
access rights.
The Government or the authority that the Government may
provide for the calculation of the total usable floor area.
Law (2012:398).
section 6 Before a building or portion of a building is sold to the
who owns the building, ensure that there is an energy Declaration
prepared for the building. Law (2012:397).
6 a of an energy Declaration for a three-dimensional property in
a building complex may consist of a joint declaration of
the entire building complex, if this is a shared
heating system. Law (2009:579).
6 b of The energy declaration may be used for ten years after the
is established to comply with the obligations laid down in this law.
Law (2012:397).
Exemption from the obligation to energideklarera buildings
section 7 of the Government or the authority that the Government may
provide for exemptions from the obligations laid down in paragraphs 4 to 6.
Inspection of an existing building
section 8 Before an energy Declaration is drawn up for an existing
building, the owner of the building to make sure that the building
inspected on site.
The Government or the authority that the Government may
provide for inspection as referred to in the first subparagraph and
If exemption from the requirement of such inspection. Law (2012:397).
The energy content of the Declaration
§ 9 in an energy declaration shall specify
1. an indication of the energy performance of the building,
2. If the mandatory functional check of the ventilation system
has been carried out in the building,
3. If a radon measurement has been carried out in the building,
4. If the energy performance of the building can be improved with regard to
of a good indoor environment and, if so, recommendations
on cost-effective measures to improve the building's
energy performance, and
5. reference values, making it possible for consumers to
assess the energy performance of the building and to compare the building's
energy performance in other buildings.
The Government or the authority that the Government may
provide for how a building's energy performance, according to
the first subparagraph of paragraph 1 shall be determined, what benchmarks
shall be used in accordance with the first paragraph 5 and the data
In addition to the first sub-paragraph 1-5 shall be made in a declaration.
10 repealed by law (2012:397).
repealed by law 11 (2012:397).
Independent expert
section 12 of The who, under section 4, 5 or 6 shall ensure that there is
an energy declaration drawn up for the building shall appoint a
independent expert
1. makes an inspection under section 8,
2. establish an energy Declaration, and
3. for the energy declaration electronically to building and planning.
The Government or the authority that the Government may
provide for the requirements on expertise and
independence should be an independent expert.
Team (2013:773).
Access to energy declarations
paragraph 13 of the owner of a building shall ensure that the
the energy Declaration was last drawn up for building
1. shown on a publicly visible and prominent
location in the building, in the case of such a building referred to in
5 paragraph 1, or in a conspicuous place in
the building, in the case of such a building referred to in paragraph 5 of the
the first subparagraph of paragraph 2,
2. display for a presumptive case of usufructuary
such a building referred to in paragraph 5 of the first paragraph 2 or for a
speculator in the case of such a building referred to in paragraph 6,
3. transmitted to a new beneficiary in the case of a
such a building referred to in paragraph 5 of the first paragraph 2 or to a
the new owner in the case of such a building referred to in paragraph 6.
In the case where a usufruct is sold, the seller of the
right, instead of the owner of the building, make sure
the energy Declaration is displayed and submitted under the first
paragraph 2 and 3.
If there is an energy declaration when a building, part of a
building or portion of a building put up for rental
or sale, the owner of the building or, in the case
referred to in the second paragraph, the seller, make sure that the task
on the energy performance of the building which is located in the energy Declaration
specified in the advertisement. Law (2012:397).
13 a of the Government or the authority, as the Government determines
may provide for the obligations set out in paragraph 13 of
and derogating from such obligations. Law (2012:397).
section 14 Is the selling of a building or a portion of a building,
Despite the buyer's request, failed to fulfil its obligation
According to section 6, the buyer may, not later than six months after entering
to the building, have an energy return at seller's
the expense.
Transmission of energy declarations to the building and planning
section 15 For electronic transmission pursuant to paragraph 12 3
required permissions. Such jurisdiction is decided by the Swedish authorities. A
decision on jurisdiction is subject to the requirements for expertise
referred to in section 12, second subparagraph, are met.
The Government or the authority that the Government may
provide for the electronic transmission of
energy declarations and on jurisdiction under the first
paragraph. Team (2013:773).
Energy taxation file
section 16 of the national housing Board shall keep a record of the
energy declarations have been submitted to the authority under section 15.
Law (2012:397).
section 17 of the national housing Board is personal responsible for the processing of
personal data of energy tax registry.
section 18 of the information contained in the energy Declaration register may be treated
for
1. compilation of statistics,
2. research,
3. follow-up and evaluation of energy use and
the indoor environment in buildings,
4. supervision, and
5. other General or individual activities where information on
buildings and their energy performance and indoor climate is
basis for assessments and decisions.
section 19 of the Government may provide for
1. what data may be recorded in
the energy Declaration register,
2. selection and processing of personal data,
3. disclosure on medium for automated processing, and
4. direct access to the registry.
section 20 where personal data are processed in contravention of this Act or in
contravention of regulations made under the Act,
apply provisions for correction of the personal data Act
(1998:204).
Damages
section 21 of the one who suffers loss as a result of a technical error in the
the energy Declaration register is entitled to compensation by the State.
Compensation shall be reduced by reasonable amount or completely
fall away, if the injured party has contributed to the damage by
that without due cause have failed to take action
to preserve their rights or if the injured party in any other
way has contributed to the damage by negligence.
In cases where compensation represented the State of the authority
the Government determines.
section 22 in addition to what follows from paragraph 21 of the terms of the provisions of
personal data Act (1998:204), a claim for damages in the treatment of
personal information under this Act or the regulations that have
issued by virtue of law.
Alternative energy supply systems
section 23 of The who for his own account up or allows the construction of a
building, before construction work begins sounding investigation
alternative energy supply systems and report on such
system is technically, environmentally and economically practicable
for the building. Report shall be submitted to the
local councils exercising municipal functions within plan-
and construction services.
The Government or the authority that the Government may
provide for investigation in accordance with the first paragraph and if
exceptions to the requirement for such an investigation. Law (2012:397).
Supervision
section 24 of the authority or authorities that the Government is exercising
enforcement of the obligations imposed by this Act
or of regulations that have been issued in connection with
the law is fulfilled.
The Government may provide for supervision and control
under the first subparagraph. Team (2013:773).
section 25 of the supervisory authority shall communicate the injunctions
needed to the obligations arising from this Act or
of regulations that have been issued in connection with the Act, the
be fulfilled. Such an order may be subject to a penalty.
An injunction against a seller relating to the performance of a
obligation under paragraph 13 of the second or third paragraph may, however,
combined with a penalty only in cases where there is a
the energy declaration drawn up for the building. Team (2013:773).
25 a of A permission for electronic funds transfer,
revoked by the supervisory authority if the person has a
the permissions do not comply with the requirements of independence or
expertise under this Act or under the regulations
a court in connection with the Act. Team (2013:773).
Appeal
paragraph 26 of a supervisory authority for amendment under section 20,
injunction that has joined together with penalties pursuant to section 25, and if
withdrawal of jurisdiction under section 25 may appeal to
General administrative courts.
Leave to appeal is required for an appeal to
the administrative court. Team (2013:773).
Transitional provisions
2006:985
1. this law shall enter into force on 1 October 2006.
2. Buildings at its entry into force are subject to
the provision in paragraph 1 shall be energy-declared by 31
December 2008.
3. Buildings at its entry into force are subject to
the provision in paragraph 5(2) and who is more residential building shall be
energy-declared by 31 december 2008.
4. in the case of other buildings than apartment buildings shall
the provision in section 5 (2) shall apply as from 1 January 2009.
5. buildings referred to in paragraph 4 or 6 shall energideklareras
the first time after 31 december 2008.
6. Air conditioning system referred to in section 11, first subparagraph
shall be inspected for the first time after 31 december 2008.
7. For buildings under construction on January 1, 2009 shall
the obligation laid down in paragraph 4 shall not apply if the construction notification before
on 1 January 2009.
8. For buildings under construction on October 1, 2006
the obligation under section 23 does not apply if the construction notification before
on 1 October 2006.
2009:579
This law shall enter into force on 1 July 2009. It should, however,
apply for the period from 1 May 2009.
2012:397
1. This law shall enter into force on July 1, 2012.
2. Older regulations still apply to such
energy declarations issued before July 1, 2012.
3. An energy Declaration issued before 1 July
2012 and not older than 10 years may be used to
comply with the obligations under this Act.
