Law (2006:985) On The Energy Certification Of Buildings

Original Language Title: Lag (2006:985) om energideklaration för byggnader

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2006:985

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.