Legislative Decree 29 December 2006, no 311
"Corrective and additions to legislative decree 19 August 2005, No. 192 implementing Directive 2002/91/EC on the Energy Performance of Buildings"
published in the Official Gazette No. 26, February 1, 2007 - No Ordinary Supplement 26 / L
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution;
Viewed Legislative Decree 19 August 2005, No 192, implementing Directive 2002/91/EC on the energy performance of buildings;
Vista Directive 2002/91/EC of the European Parliament and the Council of 16 December 2002 on the energy performance of buildings;
Given the law October 31, 2003, No 306, and in particular Article 1, paragraph 4, which requires that within one year from date of entry into force of each enactment provided, in accordance with the guiding principles and criteria laid down by statute, the Government may issue with the procedure specified therein, the additional provisions and remedial decrees;
view of the Law 9 January 1991, n. 10, and in particular Title II, laying down rules for the containment of energy consumption in buildings;
the Order of the President of the Republic August 26, 1993, No 412, implementation of the Law 9 January 1991, No 10;
Viewed Legislative Decree 31 March 1998, No 112;
view of the Law of 1 June 2002, n. 120;
Given the legislative decree January 22, 2004, No 42;
view of the Law of 23 August 2004, n. 239;
found appropriate to make changes and additions necessary to better align the provisions contained in the aforementioned legislative decree with Directive 2002/91/EC;
Given the preliminary resolution of the Council of Ministers, adopted at its meeting on October 6, 2006 ;
heard the opinion of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281, made at its meeting on 30 November 2006;
Heeded the opinions of the relevant Commissions of the Chamber of Deputies and the Senate;
Given the decision of the Council of Ministers, adopted at its meeting on 22 December 2006;
On the proposal of the Minister for European Policies and the Minister of economic development, concert with the Minister for Regional Affairs and local governments, foreign affairs, justice, economy and finance, environment and protection of land and sea and infrastructure;
And as ail the following legislative decree: Art
1.Modifiche Article 3 of Legislative Decree 19 August 2005, No 192
1. Article 3 of Legislative Decree 19 August 2005, No 192, hereinafter referred to as: 'Legislative Decree No 192, 2005, "have made the following changes: a) paragraph 1 and 'replaced with the following: 1. Subject to the exclusions provided for in paragraph 3 of this Decree shall apply, in order to reduce energy consumption: a) the design and construction of new buildings and facilities installed in them, new appliances installed in existing buildings, the renovation of existing buildings and installations in the manner and to the exceptions provided in paragraphs 2 and 3, b) the exercise, inspection, maintenance and inspection of heating installations in buildings, even old ones, as provided for in Articles 7, 9 and 12; c) the certification of buildings, as provided in Article 6. "b) the letter b) of paragraph 2, after the word" application "shall be inserted the following:" full, but 'c) the number 1) the letter c) of paragraph 2 and 'replaced with the following: 1) total or partial renovation, maintenance and expansion of the building volume outside the regulations contained in letters a) and b);' d ) in paragraph 3, after the word "buildings" shall be inserted the following: 'and plants' e) in paragraph 3), letter a), after the words "bearing the code of cultural heritage and landscape' is added, in the end, the following: "In cases where compliance with the requirements would unacceptably alter an aspect of their character or characters with particular reference to historical or artistic 'f) in paragraph 3, after the letter c) and' addition of the following "c-bis) equipment installed for the purpose of manufacturing process carried out in the building, including use in non-dominant hand, for the uses of the civilian sector.." Art
2.Modifiche Article 6 of Legislative Decree 19 August 2005, No 192
1. The heading of Article 6 of Legislative Decree No 192, 2005 and 'replaced by' energy certification of buildings. "
2. Article 6 of Legislative Decree No 192, 2005, after the first paragraph shall be inserted the following: "1-bis. The provisions of this Article shall apply to buildings that do not fall within the scope of paragraph 1 with the following gradually with time and cost to the seller or, with reference to paragraph 4 of the Landlord: a) with effect from 1 July 2007, buildings with floor area exceeding 1000 square meters, in the event of a transfer for consideration of the entire property, b) with effect from 1 July 2008, at the surface buildings of up to 1,000 square feet, in the case of transfer for consideration of the entire property to the exclusion of individual units, c) with effect from 1 July 2009 to individual units, in the event of a transfer for consideration. 1-c. With effect from 1 January 2007, the energy performance certificate of the building or building unit concerned, shall be as set in paragraph 6, and 'need for access to the facilities and incentives of any kind, either as tax concessions or contributions from public funds or of the generality of people, aimed at improving the energy performance of the single apartment, building or facility. In any case are subject to vested rights and the legitimate expectations with regard to initiatives already undertaken to make up or formally notified to the competent authority, for which there must consent or grant by it. 1-c. With effect from 1 July 2007, all contracts, new or renewed in the management of heating systems or air conditioning of public buildings, or in which principal figure, however, as a public entity, must provide for the provision of energy performance certificates building or building unit concerned within the first six months of expiry of contract, with provision of public display and energy of the plate.. "
3. Article 6 of Legislative Decree No 192, 2005, after paragraph 2, 'insert the following: "2-bis. Except as provided in Article 8, paragraph 2, certificate of qualification energy may be provided by the person concerned, in order to simplify the issuing of energy performance certificates, as specified in paragraph 2 of Annex A. '.
4. Article 6 of Legislative Decree No 192, 2005, paragraphs 3 and 4 are replaced by the following: "3. In the case of a transfer for consideration of entire buildings or individual units that already have energy performance certificate in accordance with paragraphs 1, 1-bis, 1-1-b and c, and that certificate 'annexed to transfer for consideration in the original or certified copy. 4. In the case of lease of entire buildings or individual units that already have such certificate energy in accordance with paragraphs 1, 1-bis, 1-1-b and c, that certificate and 'made available to the operator or delivered to it by the owner declared in a copy of the original in his possession.. " Art
3.Modifiche Article 8 of Legislative Decree 19 August 2005, No 192
1. Article 8 of Legislative Decree No 192, 2005, paragraphs 2 and 3 are replaced by the following: "2. The compliance of works with respect to the project and its possible variations and the technical report referred to in paragraph 1, and 'energy performance certificate of qualification as implemented, must be certified by the supervisor and presented to the municipality's jurisdiction of the declaration of the end work without any extra charge to the customer. The statement of the work, and 'ineffective for any reason if the same is not' accompanied by the sworn documents. 3. A copy of the documentation referred to in paragraphs 1 and 2 and 'kept by the municipality, including for the purpose of the assessments referred to in paragraph 4. For this purpose, the municipality may require the delivery of documents in computer form.. " Art
4.Modifiche Article 9 of Legislative Decree 19 August 2005, No 192
1. Article 9 of Legislative Decree No 192, 2005, after paragraph 3, shall be inserted the following: "3-bis. According to Article 1, paragraph 3, the regions and autonomous provinces of Trento and Bolzano in accordance with local, put in place by December 31, 2008 an awareness program and upgrading the energy efficiency of the housing land, particularly in developing some of the following aspects: a) the implementation of information campaigns and public awareness, in collaboration with the distributors of electricity and gas, implementing the decisions of the Minister of Production Activities 20 July 2004 on energy efficiency in end uses, b) the activation of agreements with social partners interested in the subject c) the application of a certification system for coherent energy with the general principles of this decree; d) carrying out energy audits since the buildings expected to lower efficiency, e) the definition of rules consistent with the general principles of this Decree for any local incentive schemes; f) the power to promote, by financial institutions, financing instruments for subsidized the implementation of interventions for improvement identified by energy audits in the energy, or during the inspections referred to in Annex L, paragraph 16. 3-ter. For the purpose of preparing the program referred to in paragraph 3-bis, municipalities may require owners and managers of buildings in the area of \u200b\u200bexpertise to provide the essential, complementary to those applicable to the land of air conditioning systems referred to in paragraph 3, for the establishment of an information system related to energy uses of buildings. For example, between those elements are: the gross air-conditioned, the working surface and its corresponding consumption of fuel and electricity. 3-c. At the request of the regions and municipalities, energy distribution companies make available the data that those authorities consider useful for evidence and calculations necessary for the efficient establishment of the information system referred to in paragraph 3-b. 3-d. The data referred to in paragraphs 3, 3-3-b and c can be used by the government solely for the purposes of this decree.. "
2. Article 9 of Legislative Decree No 192, 2005, after paragraph 5 and 'added the following: "5-bis. Regions, the autonomous provinces of Trento and Bolzano and local authorities consider, in legislation and in planning tools and planning expertise, the rules contained in this decree, with special attention to its design and technologies for the rational use of 'energy and the use of renewable energy sources, including information in order to shape and orientation of buildings to be implemented to maximize the exploitation of solar radiation and with particular care not to penalize, in terms of volume building, the choices.. " Art
5.Modifiche Article 11 of Legislative Decree 19 August 2005, No 192
1. Article 11 of Legislative Decree No 192, 2005, after the first paragraph shall be added at the end, the following: "1-bis. Until the date of entry into force of the national guidelines for energy certification of buildings, referred to in Article 6, paragraph 9, the energy performance certificate for buildings and 'substituted for all purposes by a certificate of qualification energy released under Article 8, paragraph 2, or an equivalent energy certification procedure established by the municipality with its rules before the deadline of 8 October 2005. 1-c. Twelve months from the issuing of national guidelines set out in Article 6, paragraph 9, the certificate of qualification and the energy equivalent of energy certification procedure established by the city lose their effectiveness for the purposes referred to in paragraph 1-bis.. " Art
6.Modifiche Article 15 of Legislative Decree 19 August 2005, No 192
1. Article 15 of Legislative Decree No 192, 2005, be amended as follows: a) in paragraph 1 the word 'designer' and 'replaced by' qualified 'and after the word "certified" by inserting "or qualification; b ) in paragraph 2 the word 'designer' and 'replaced by the following: "Qualified" and after the word "certified" by inserting "or qualification; c) in paragraph 3, after the words" accordance with the works "by inserting" and the certificate of qualification energy 'd) paragraph 4 and' replaced by the following: 4. Unless the act constitutes a crime, the supervisor shall submit to the municipality that the affidavit referred to in Article 8, paragraph 2, which falsely certifies the correctness of the certificate of qualification or compliance of energy works from the project or the technical report referred to in Article 28, paragraph 1 of Law 9 January 1991, No 10, and 'punished with the administrative penalty of 5000 €. 'e) in paragraph 8 the word' buyer 'and' replaced by 'buyer'. Art
7.Modifiche Article 16 of Legislative Decree 19 August 2005, No 192
1. Paragraph 1 of Article 16 of Legislative Decree No 192, 2005 and 'replaced by the following: 1. The following rules are repealed the law of 9 January 1991, n. 10: a) Article 4, paragraphs 1, 2 and 4, Article 28, paragraphs 3 and 4, Article 29, Article 30, Article 31, paragraph 2, Article 33, paragraphs 1 and 2, Article 34, paragraph 3. 1-bis. Paragraph 2 of Article 26 of Law 9 January 1991, No 10, and 'replaced by the following: "2. For Interventions on buildings and installations designed to contain energy consumption and use of renewable energy in Article 1, identified through an energy performance certificate or an energy audit performed by a qualified technician, the relevant decisions are valid Monthly if adopted by a simple majority of the shares thousandth.. "
2. Paragraph 2 of Article 16 of Legislative Decree No 192 of 2005, and 'replaced by the following: '2. The decree of the President of the Republic August 26, 1993 No 412, shall apply mutatis mutandis to the present legislative decree, and may be amended or repealed by the decisions referred to in Article 4. Of this decree shall be abolished the following standards: a) Article 5, paragraphs 1, 2, 3 and 4, Article 7, paragraph 7, Article 8 and Article 11, paragraphs 4, 12, 14, 15, 16, 18, 19 , 20.. " Art
8.Modifiche technical annexes of the Legislative Decree 19 August 2005, No 192
1. Annexes A, C, E, F, G, H, I and L of Legislative Decree No 192 of 2005 shall be replaced with Annexes A, C, E, F, G, H, I and this decree.
2. Annex D of the Legislative Decree No 192, 2005, 'repealed. Art
9.Copertura financial
1. Implementation of this decree will provide the human resources, financial and capital available to current legislation, no new or higher costs for finance public. Art
10.Entrata effect
1. This Decree shall enter into force on the day following its publication in the Official Gazette of the Italian Republic.
"Corrective and additions to legislative decree 19 August 2005, No. 192 implementing Directive 2002/91/EC on the Energy Performance of Buildings"
published in the Official Gazette No. 26, February 1, 2007 - No Ordinary Supplement 26 / L
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution;
Viewed Legislative Decree 19 August 2005, No 192, implementing Directive 2002/91/EC on the energy performance of buildings;
Vista Directive 2002/91/EC of the European Parliament and the Council of 16 December 2002 on the energy performance of buildings;
Given the law October 31, 2003, No 306, and in particular Article 1, paragraph 4, which requires that within one year from date of entry into force of each enactment provided, in accordance with the guiding principles and criteria laid down by statute, the Government may issue with the procedure specified therein, the additional provisions and remedial decrees;
view of the Law 9 January 1991, n. 10, and in particular Title II, laying down rules for the containment of energy consumption in buildings;
the Order of the President of the Republic August 26, 1993, No 412, implementation of the Law 9 January 1991, No 10;
Viewed Legislative Decree 31 March 1998, No 112;
view of the Law of 1 June 2002, n. 120;
Given the legislative decree January 22, 2004, No 42;
view of the Law of 23 August 2004, n. 239;
found appropriate to make changes and additions necessary to better align the provisions contained in the aforementioned legislative decree with Directive 2002/91/EC;
Given the preliminary resolution of the Council of Ministers, adopted at its meeting on October 6, 2006 ;
heard the opinion of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281, made at its meeting on 30 November 2006;
Heeded the opinions of the relevant Commissions of the Chamber of Deputies and the Senate;
Given the decision of the Council of Ministers, adopted at its meeting on 22 December 2006;
On the proposal of the Minister for European Policies and the Minister of economic development, concert with the Minister for Regional Affairs and local governments, foreign affairs, justice, economy and finance, environment and protection of land and sea and infrastructure;
And as ail the following legislative decree: Art
1.Modifiche Article 3 of Legislative Decree 19 August 2005, No 192
1. Article 3 of Legislative Decree 19 August 2005, No 192, hereinafter referred to as: 'Legislative Decree No 192, 2005, "have made the following changes: a) paragraph 1 and 'replaced with the following: 1. Subject to the exclusions provided for in paragraph 3 of this Decree shall apply, in order to reduce energy consumption: a) the design and construction of new buildings and facilities installed in them, new appliances installed in existing buildings, the renovation of existing buildings and installations in the manner and to the exceptions provided in paragraphs 2 and 3, b) the exercise, inspection, maintenance and inspection of heating installations in buildings, even old ones, as provided for in Articles 7, 9 and 12; c) the certification of buildings, as provided in Article 6. "b) the letter b) of paragraph 2, after the word" application "shall be inserted the following:" full, but 'c) the number 1) the letter c) of paragraph 2 and 'replaced with the following: 1) total or partial renovation, maintenance and expansion of the building volume outside the regulations contained in letters a) and b);' d ) in paragraph 3, after the word "buildings" shall be inserted the following: 'and plants' e) in paragraph 3), letter a), after the words "bearing the code of cultural heritage and landscape' is added, in the end, the following: "In cases where compliance with the requirements would unacceptably alter an aspect of their character or characters with particular reference to historical or artistic 'f) in paragraph 3, after the letter c) and' addition of the following "c-bis) equipment installed for the purpose of manufacturing process carried out in the building, including use in non-dominant hand, for the uses of the civilian sector.." Art
2.Modifiche Article 6 of Legislative Decree 19 August 2005, No 192
1. The heading of Article 6 of Legislative Decree No 192, 2005 and 'replaced by' energy certification of buildings. "
2. Article 6 of Legislative Decree No 192, 2005, after the first paragraph shall be inserted the following: "1-bis. The provisions of this Article shall apply to buildings that do not fall within the scope of paragraph 1 with the following gradually with time and cost to the seller or, with reference to paragraph 4 of the Landlord: a) with effect from 1 July 2007, buildings with floor area exceeding 1000 square meters, in the event of a transfer for consideration of the entire property, b) with effect from 1 July 2008, at the surface buildings of up to 1,000 square feet, in the case of transfer for consideration of the entire property to the exclusion of individual units, c) with effect from 1 July 2009 to individual units, in the event of a transfer for consideration. 1-c. With effect from 1 January 2007, the energy performance certificate of the building or building unit concerned, shall be as set in paragraph 6, and 'need for access to the facilities and incentives of any kind, either as tax concessions or contributions from public funds or of the generality of people, aimed at improving the energy performance of the single apartment, building or facility. In any case are subject to vested rights and the legitimate expectations with regard to initiatives already undertaken to make up or formally notified to the competent authority, for which there must consent or grant by it. 1-c. With effect from 1 July 2007, all contracts, new or renewed in the management of heating systems or air conditioning of public buildings, or in which principal figure, however, as a public entity, must provide for the provision of energy performance certificates building or building unit concerned within the first six months of expiry of contract, with provision of public display and energy of the plate.. "
3. Article 6 of Legislative Decree No 192, 2005, after paragraph 2, 'insert the following: "2-bis. Except as provided in Article 8, paragraph 2, certificate of qualification energy may be provided by the person concerned, in order to simplify the issuing of energy performance certificates, as specified in paragraph 2 of Annex A. '.
4. Article 6 of Legislative Decree No 192, 2005, paragraphs 3 and 4 are replaced by the following: "3. In the case of a transfer for consideration of entire buildings or individual units that already have energy performance certificate in accordance with paragraphs 1, 1-bis, 1-1-b and c, and that certificate 'annexed to transfer for consideration in the original or certified copy. 4. In the case of lease of entire buildings or individual units that already have such certificate energy in accordance with paragraphs 1, 1-bis, 1-1-b and c, that certificate and 'made available to the operator or delivered to it by the owner declared in a copy of the original in his possession.. " Art
3.Modifiche Article 8 of Legislative Decree 19 August 2005, No 192
1. Article 8 of Legislative Decree No 192, 2005, paragraphs 2 and 3 are replaced by the following: "2. The compliance of works with respect to the project and its possible variations and the technical report referred to in paragraph 1, and 'energy performance certificate of qualification as implemented, must be certified by the supervisor and presented to the municipality's jurisdiction of the declaration of the end work without any extra charge to the customer. The statement of the work, and 'ineffective for any reason if the same is not' accompanied by the sworn documents. 3. A copy of the documentation referred to in paragraphs 1 and 2 and 'kept by the municipality, including for the purpose of the assessments referred to in paragraph 4. For this purpose, the municipality may require the delivery of documents in computer form.. " Art
4.Modifiche Article 9 of Legislative Decree 19 August 2005, No 192
1. Article 9 of Legislative Decree No 192, 2005, after paragraph 3, shall be inserted the following: "3-bis. According to Article 1, paragraph 3, the regions and autonomous provinces of Trento and Bolzano in accordance with local, put in place by December 31, 2008 an awareness program and upgrading the energy efficiency of the housing land, particularly in developing some of the following aspects: a) the implementation of information campaigns and public awareness, in collaboration with the distributors of electricity and gas, implementing the decisions of the Minister of Production Activities 20 July 2004 on energy efficiency in end uses, b) the activation of agreements with social partners interested in the subject c) the application of a certification system for coherent energy with the general principles of this decree; d) carrying out energy audits since the buildings expected to lower efficiency, e) the definition of rules consistent with the general principles of this Decree for any local incentive schemes; f) the power to promote, by financial institutions, financing instruments for subsidized the implementation of interventions for improvement identified by energy audits in the energy, or during the inspections referred to in Annex L, paragraph 16. 3-ter. For the purpose of preparing the program referred to in paragraph 3-bis, municipalities may require owners and managers of buildings in the area of \u200b\u200bexpertise to provide the essential, complementary to those applicable to the land of air conditioning systems referred to in paragraph 3, for the establishment of an information system related to energy uses of buildings. For example, between those elements are: the gross air-conditioned, the working surface and its corresponding consumption of fuel and electricity. 3-c. At the request of the regions and municipalities, energy distribution companies make available the data that those authorities consider useful for evidence and calculations necessary for the efficient establishment of the information system referred to in paragraph 3-b. 3-d. The data referred to in paragraphs 3, 3-3-b and c can be used by the government solely for the purposes of this decree.. "
2. Article 9 of Legislative Decree No 192, 2005, after paragraph 5 and 'added the following: "5-bis. Regions, the autonomous provinces of Trento and Bolzano and local authorities consider, in legislation and in planning tools and planning expertise, the rules contained in this decree, with special attention to its design and technologies for the rational use of 'energy and the use of renewable energy sources, including information in order to shape and orientation of buildings to be implemented to maximize the exploitation of solar radiation and with particular care not to penalize, in terms of volume building, the choices.. " Art
5.Modifiche Article 11 of Legislative Decree 19 August 2005, No 192
1. Article 11 of Legislative Decree No 192, 2005, after the first paragraph shall be added at the end, the following: "1-bis. Until the date of entry into force of the national guidelines for energy certification of buildings, referred to in Article 6, paragraph 9, the energy performance certificate for buildings and 'substituted for all purposes by a certificate of qualification energy released under Article 8, paragraph 2, or an equivalent energy certification procedure established by the municipality with its rules before the deadline of 8 October 2005. 1-c. Twelve months from the issuing of national guidelines set out in Article 6, paragraph 9, the certificate of qualification and the energy equivalent of energy certification procedure established by the city lose their effectiveness for the purposes referred to in paragraph 1-bis.. " Art
6.Modifiche Article 15 of Legislative Decree 19 August 2005, No 192
1. Article 15 of Legislative Decree No 192, 2005, be amended as follows: a) in paragraph 1 the word 'designer' and 'replaced by' qualified 'and after the word "certified" by inserting "or qualification; b ) in paragraph 2 the word 'designer' and 'replaced by the following: "Qualified" and after the word "certified" by inserting "or qualification; c) in paragraph 3, after the words" accordance with the works "by inserting" and the certificate of qualification energy 'd) paragraph 4 and' replaced by the following: 4. Unless the act constitutes a crime, the supervisor shall submit to the municipality that the affidavit referred to in Article 8, paragraph 2, which falsely certifies the correctness of the certificate of qualification or compliance of energy works from the project or the technical report referred to in Article 28, paragraph 1 of Law 9 January 1991, No 10, and 'punished with the administrative penalty of 5000 €. 'e) in paragraph 8 the word' buyer 'and' replaced by 'buyer'. Art
7.Modifiche Article 16 of Legislative Decree 19 August 2005, No 192
1. Paragraph 1 of Article 16 of Legislative Decree No 192, 2005 and 'replaced by the following: 1. The following rules are repealed the law of 9 January 1991, n. 10: a) Article 4, paragraphs 1, 2 and 4, Article 28, paragraphs 3 and 4, Article 29, Article 30, Article 31, paragraph 2, Article 33, paragraphs 1 and 2, Article 34, paragraph 3. 1-bis. Paragraph 2 of Article 26 of Law 9 January 1991, No 10, and 'replaced by the following: "2. For Interventions on buildings and installations designed to contain energy consumption and use of renewable energy in Article 1, identified through an energy performance certificate or an energy audit performed by a qualified technician, the relevant decisions are valid Monthly if adopted by a simple majority of the shares thousandth.. "
2. Paragraph 2 of Article 16 of Legislative Decree No 192 of 2005, and 'replaced by the following: '2. The decree of the President of the Republic August 26, 1993 No 412, shall apply mutatis mutandis to the present legislative decree, and may be amended or repealed by the decisions referred to in Article 4. Of this decree shall be abolished the following standards: a) Article 5, paragraphs 1, 2, 3 and 4, Article 7, paragraph 7, Article 8 and Article 11, paragraphs 4, 12, 14, 15, 16, 18, 19 , 20.. " Art
8.Modifiche technical annexes of the Legislative Decree 19 August 2005, No 192
1. Annexes A, C, E, F, G, H, I and L of Legislative Decree No 192 of 2005 shall be replaced with Annexes A, C, E, F, G, H, I and this decree.
2. Annex D of the Legislative Decree No 192, 2005, 'repealed. Art
9.Copertura financial
1. Implementation of this decree will provide the human resources, financial and capital available to current legislation, no new or higher costs for finance public. Art
10.Entrata effect
1. This Decree shall enter into force on the day following its publication in the Official Gazette of the Italian Republic.
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