RES-H building obligations
Updated: 23.01.2019
Obligations related to the use of renewable sources to produce energy in buildings are defined in Article 15 par. 2 no. 1 of the EEA. According to this regulation, any investment project for a new building with a total floor coverage of over 1,000 m² must comply with the possibilities of using decentralised systems for the use of renewable energy. This requirement is also part of the ERSA, stating that in the construction of new or reconstruction, major renovation, overhaul or refurbishing of existing buildings, installations will become operational for the production of energy from renewable sources where this is technically feasible and economically viable (art. 20 par. 1 ERSA). In these buildings, at least 15 percent of the total heating and cooling needed for the building shall have to be produced from renewable sources (art. 20 par. 2 ERSA) by installing:
- district heating using biomass or geothermal energy;
- individual facilities for burning biomass with a conversion efficiency of at least 85 percent for residential and commercial buildings and 70 percent for industrial buildings;
- solar thermal installations;
- heat pumps and near-surface geothermal systems.
In the preparation of investment projects for new buildings or reconstruction, major renovation, overhaul or refurbishing of existing buildings, the possibilities of using renewable energy to demonstrate the technical feasibility and economic viability shall be mandatorily analysed. The analysis of the possibilities for using energy from renewable sources is part of the evaluation indicators of the annual energy consumption in the building (art. 20 par. 3 ERSA). In case of the implementation of projects for the modernisation of production processes in small and medium enterprises, the energy efficiency measures shall be combined with the commissioning into operation of plants for the production of heating and cooling from renewable sources for meeting the technological needs of the enterprise (art. 20 par. 4 ERSA). Concerning public buildings, these obligations came into effect on 1 January 2012; for all other buildings on 31 December 2014.
Administrative sanctions and penalty provisions under the EEA
- Any obligated person who fails to fulfil the individual target set thereto for new annual energy savings shall be liable to a fine of BGN 1,000 – 5,000 (approx. EUR 510 – 2,550) (art. 97 EEA);
- Any contracting authority, which fails to obtain an energy performance certificate of the new building prior to the commissioning thereof, shall be liable to a fine of BGN 1,000 – 10,000 (approx. EUR 510 – 5,100) or to a pecuniary penalty of BGN 5,000 – BGN 50,000 (approx. EUR 2,550 – 25,550) (art. 98 EEA);
- Any owner of a public service building in use with a total floor area of over 250 square meters, who fails to fulfil the mandatory audit and certification of the building, shall be liable to a fine of BGN 10,000 – 30,000 (approx. EUR 5,100 – 15,300) or to a pecuniary penalty of BGN 50,000 – 100,000 (approx. EUR 25,550 –51,000) (art. 99 par.1 EEA);
- Any owner of a building, who or which fails to implement the measures prescribed in the energy efficiency audit report within the time limit, shall be liable to a fine of BGN 10,000 – 30,000 (approx. EUR 5,100 – 15,300) or to a pecuniary penalty of BGN 50,000 – 100,000 (approx. EUR 25,550 –51,000) (art. 99 par. 2 EEA);
- Any contracting authority which fails to fulfil the obligation thereof to update the energy performance certificate of a building in the cases re-modelling or reconstruction, deep renovation or major renovation when more than 25% of the external fencing structures and components of the building are encompassed thereby, shall be liable to a fine of BGN 1,000 – 3,000 (approx. EUR 510 – 1,530) or to a pecuniary penalty of BGN 5,000 – 10,000 (approx. EUR 2,550 – 5,100) (art. 100 EEA);
- Any person, who or which fails to fulfil any other obligations provided for in the EEA, shall be liable to a fine of BGN 500 – 1,500 (approx. EUR 255 – 765) or to a pecuniary penalty of BGN 1,000 – 10,000 (approx. EUR 510 – 5,100).
Bulgaria