Legislative Decree 19 August 2005, No 192
"Implementation of Directive 2002/91/EC on the Energy Performance of Buildings"
published in the Official Gazette No. 222, September 23, 2005 - No Ordinary Supplement 158
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution, the law
Vista October 31, 2003, No 306, and in particular Article 1, paragraphs 1 and 5 and Annex 'A';
Having regard to Directive 2002/91/EC of the European Parliament and the Council of 16 December 2002 on the energy performance of buildings;
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;
Viewed Legislative Decree 31 March 1998, No 112;
Given the legislative decree of 22 January 2004, No 42;
view of the Law of 1 June 2002, n. 120;
view of the Law of 23 August 2004, n. 239;
the Order of the President of the Republic August 26, 1993, No 412, implementation of the Law 9 January 1991, No 10;
the Order of the President of the Republic November 15, 1996, No 660;
Given the resolution of the Committee Interministerial Economic Planning No 1233 of 19 December 2002 revision of guidelines for national policies and measures to reduce emissions of greenhouse gases, published in the Official Gazette of the Italian Republic - General Series - No 68, March 22, 2003;
Given that Article 1, paragraph 1, of Law August 23, 2004, No 239, states that the aims and guidelines of national energy policy, as well as' the general criteria for its implementation are developed and defined by the State which also makes use of existing mechanisms for linkage and cooperation with regional autonomy;
Since rules concerning the energy efficiency of buildings complement the needs of diversification sources, flexibility and security of supply, development and classification of energy services, competition between companies, personal safety and property, public safety and environmental protection;
Since the Law of 9 January 1991, n. 10, and the decree of President of the Republic August 26, 1993, No 412, apply, for a part, Directive 2002/91/EC;
fit to proceed, for the implementation of Directive 2002/91/EC to introduce changes, additions and updates to the current legal framework in order to avoid disharmony with the new regulations, subject to the subject matter of deregulation that is the subject of proceedings for administrative simplification;
Given the preliminary resolution of the Council of Ministers, adopted at its meeting on May 27, 2005;
heard the opinion of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281, given at the meeting of June 30, 2005;
heard the opinion of the relevant Commissions of the Chamber of Deputies and the Senate;
Vista by the Council of Ministers, adopted at its meeting on July 29, 2005;
On the proposal of the Minister for Community policies and the Minister of Productive Activities, in consultation with the Ministers of Foreign Affairs, Justice, Economy and Finance, Environment and Protection of Land, Infrastructure and Transport and Regional Affairs;
And as ail the following legislative decree:
TITLE I GENERAL PRINCIPLES Article
1.Finalità
1. This Decree lays down the criteria, conditions and ways to improve the energy performance of buildings in order to facilitate the development, enhancement and integration of renewable sources and energy diversification, helping to achieve national targets for limiting emissions of greenhouse gases set by the Kyoto Protocol, to promote the competitiveness of the branches through advanced technology development.
2. This Order shall govern in particular:
a) the methodology for calculating the energy performance building integration;
b) the application of minimum requirements on energy performance of buildings;
c) the general criteria for the certification of buildings;
d) periodic inspections of air conditioning;
e) the criteria to ensure the qualification and independence of expert energy certification and inspection equipment;
f) the collection of information and experiences, the elaborations and the necessary studies orientation of energy policy in the sector;
g) promoting the rational use of energy through information and awareness of end users, training and updating of the industry.
3. For the purposes of paragraph 1, the state, regions and autonomous provinces, using mechanisms of connection and cooperation, establish programs, interventions and tools, while respecting the principles of simplification and consistency in law, to:
a) consistent and coordinated implementation of these rules;
b) monitoring the implementation of standards, including through the collection and processing of information and data;
c) studies that allow legislative adjustments in accordance with the needs of citizens and the market development;
d) promoting energy efficiency and renewables, including through awareness and information end users. Art
2.DEFINITIONS
1. For the purposes of this Decree defines:
a) 'building' and 'a system composed of the external building structures that define a volume of space defined by the internal structures and dividing that volume and all the equipment and technological devices that are permanently inside, the outer surface that defines a building can border on some or all of these elements: the external environment, the land, other buildings, the term may refer to an entire building or parts of a building designed or altered to be used as building units to whether 'standing;
b)' new building 'and' building for which an application for a permit to build or early reports of activity, however named, was submitted after the date of entry into force of this decree;
c) "energy performance, energy efficiency or performance of a building 'and' the annual amount of energy actually consumed or expected to be needed to meet the different needs associated with a standard use of the building, including summer and winter heating, hot water preparation for sanitary sanitary, ventilation and ' lighting. This quantity is expressed by one or more descriptors that take into account insulation, technical specifications and installation the design and positioning in relation to climatic aspects, solar exposure and influence of neighboring structures, the existence of its own energy conversion systems and other factors, including indoor climate, that influence the demand energy;
d) "certification for energy or energy efficiency building 'and' the document drawn up in accordance with the rules of this decree, stating the energy performance and possibly some energy parameters characteristic of the building;
e) ' cogeneration 'and' production and the simultaneous use of mechanical or electrical energy and heat from the fuel primary, according to certain quality criteria of energy efficiency;
f) 'air-conditioning system' and 'a combination of all the components needed for an air handling system, through which the temperature and' controlled or can be lowered, possibly in conjunction with the control of ventilation, humidity and air cleanliness;
g) "the boiler or boiler 'and' complex burner-boiler that can transfer to the heat transfer fluid from burning,
h) "useful thermal output of a heat generator 'and' the amount of heat transferred per unit time to the fluid, the unit measure used and 'the kW;
i)' heat pump 'and' a device or installation that extracts heat from the outside or from a source of low temperature heat and transfers it to the environment, temperature-controlled
l) 'ratings of the power and efficiency "are the values \u200b\u200bof maximum power and performance of a device specified by the manufacturer and guaranteed under the scheme of continuous operation.
2. For the purposes of this Order shall apply, in addition, the definitions in Annex A. Art
3.Ambito intervention
1. Subject to the exclusions provided for in paragraph 3 of this Decree shall apply to new buildings and buildings undergoing renovation in the manner and the exceptions provided for in paragraphs 2 and 3.
2. In the case of upgrading existing buildings, and as regards the minimum level of performance under Article 4, and 'provided for the gradual application in relation to the type of intervention. To this end, there are different degrees of implementation:
a) a full implementation throughout the building in case of:
1) complete refurbishment of the elements which constitute the building envelope of existing buildings with floor area exceeding 1000 square meters;
2) demolition and reconstruction of existing buildings in the maintenance of floor area exceeding 1000 square meters;
b) an application limited to the expansion of the building in case the same extension appears volumetrically more than 20 per cent of the existing building;
c) a limited application in respect of specific parameters, performance levels and requirements, in the case of interventions on existing buildings, such as:
1) total or partial renovation and maintenance of the building other than those already provided in the letter), number 1;
2) installation of new heating systems in existing buildings or renovation of such facilities;
3) replacement of boilers.
3. Are excluded from this decree the following categories of buildings:
a) the buildings that fall under the discipline of Part II and Article 136, paragraph 1, letters b) and c) of Legislative Decree 22 January 2004, No 42, indicating the code of cultural heritage and landscape;
b) industrial buildings, workshops and non-residential agricultural environments when they are heated to the needs of the manufacturing process or by using waste energy of the production process does not otherwise use,
c) the buildings blocks with a total floor area of \u200b\u200bless than 50 square meters. Art
4.Adozione of general criteria and a methodology for calculating the energy performance requirements
1. Within one hundred twenty days from the date of entry into force of this decree, with one or more decrees of the President of the Republic, are defined:
a) general criteria, methods of calculation and the minimum requirements designed to reduce consumption of energy and to achieve the objectives set out in Article 1, taking account of the Annex 'B' and its uses buildings. These decrees governing the design, installation, operation, maintenance and inspection of heating systems for space heating and summer of buildings, for domestic hot water preparation and health, limited to the tertiary sector, for artificial lighting of buildings;
b) the general criteria for energy efficiency for subsidized housing and subsidized, as well as' for public housing and private, and also the renovation of existing buildings and shows the calculation methods and minimum standards aimed at achieving the objectives set out in Article 1, taking account of the Annex B and the intended use of buildings;
c) the professional qualifications and accreditation criteria to ensure the qualification and independence of experts and bodies entrusted with the energy certification of buildings and inspection of air conditioning. The minimum requirements are reviewed and updated every five years depending on the progress of technology.
2. The decrees referred to in paragraph 1 shall be adopted on the proposal of the Minister of Productive Activities consultation with the Minister for Infrastructure and Transport and the Minister for the Environment, purchased with the Unified 1'intesa, having consulted the National Research Council, hereinafter referred to as the CNR, the National Agency for New Technologies Energy and the Environment, hereinafter referred to ENEA, the National Council of Consumers and Users, hereinafter referred CNCU. Art
5.Meccanismi cooperation
1. Minister of Productive Activities, in consultation with the Ministers of the Environment of the land and infrastructure and transport, gained an understanding with the Joint Conference, promote, no new or additional burdens on the state budget, initiatives joint, concerted and cooperation for the implementation of the decrees referred to in Article 4, paragraph 1, with the support of ENEA and CNR, aimed at:
a) promote the integration of environmental energy issues in the various sectoral policies;
b) develop and qualify energy services for public use;
c) encourage the creation of a system of inspection of facilities within the building, minimizing the impact and costs of these activities on end-users;
d) develop a system for an integrated and homogeneous throughout the national legislation, and
) develop specific projects, to support vocational training and employment. Art
6.Certificazione energy efficiency of new buildings
1. Within one year from the date of entry into force of this decree, new buildings and those under Article 3, paragraph 2, letter a), have, upon completion of construction and by the same manufacturer, a energy performance certificate, prepared in accordance with criteria and methodologies referred to in Article 4, paragraph 1.
2. Certification for apartments in a building may be based, as well as assessment of the apartment in question:
a) on a common certification of the whole building for blocks with a common heating system;
b) an assessment of another apartment representative in the same block and the same type.
3. In the case of buying the entire building or the individual property unit, the energy performance certificate and 'annexed to the purchase, in original or certified copy.
4. In the case of renting, and certification for energy 'made available to the operator or delivered to it by the owner declared in a copy of the original in his possession.
5. The certificate concerning the energy performance certificate, issued pursuant to paragraph 1, has a maximum validity time of ten years from its issue and is' updated with each major restructuring that changes the energy performance of the building or plant .
6. The certificate energy performance certificate includes information on their building energy efficiency, the current values \u200b\u200bin accordance with the law and values, which allow citizens to evaluate and compare the energy performance of the building. The certificate and 'accompanied by suggestions on the most significant and cost-effective for the improvement of that performance.
7. In buildings owned or intended for public use, the total useful floor area over 1000 square meters, and the energy performance certificate 'posted in the building to which it relates in a place easily visible to the public.
8. The public buildings that are covered by the programs under Article 13, paragraph 2, of the decrees adopted by the Ministry of Production Activities 20 July 2004, are required to comply with paragraphs 5 and 6 and a poster of energy performance certificates in a place easily visible to the public.
9. Within one hundred eighty days from the date of entry into force of this decree, the Minister of Productive Activities, in consultation with the Ministers of Environment and Protection of Land, Infrastructure and Transport, in consultation with the Joint Conference, the methodology calculated as of the decrees referred to in Article 4, paragraph 1, and taking into account the provisions in the preceding paragraphs, prepare national guidelines for energy certification of buildings, having heard the CNCU, while also providing simplified methods that minimize the burden.
7.Esercizio Art and maintenance of thermal systems for space heating and summer
1. The owner or tenant, the building administrator, or their third, that he takes responsibility, remains in operation and ensure that the facilities' operations are carried out inspection and maintenance as prescribed by law.
2. The operator responsible for monitoring and maintenance of systems for space heating and summer, carries out such activities in a workmanlike manner, in accordance with local regulations. An operator at the end of the same transactions, has the obligation to draft and sign an inspection report in accordance with the models provided by the technical rules of this decree and the implementing rules, in relation to the types and potential of the plant, to be issued to the person referred to in paragraph 1 that it subscribes to copy and receipt has been read. Art
8.Relazione technical investigations and inspections
1. The design documentation referred to in Article 28, paragraph 1 of Law 9 January 1991, No 10, and 'filled in the manner prescribed by the Minister of Productive Activities, in consultation with the Minister for the Environment, to be taken within one hundred eighty days from the date of entry into force of this decree, after consultation with the Conference Unified.
2. The conformity of the works, with respect to the project and the technical report referred to in paragraph 1 above shall be certified by the supervisor and presented to the City of competence of the declaration of completion of work. The City declares inadmissible the statement of the work, and if it does not 'accompanied by the aforementioned affidavit of the director works.
3. A copy of the documentation referred to in paragraph 1, and 'kept by the city, even for the purposes of investigations referred to in paragraph 4.
4. The district, also using experts or by outside bodies, qualified and independent, sets out the arrangements for the purposes of compliance with the requirements of this decree, findings and inspections during construction, or within five years from the date of completion of work declared by the customer, to verify compliance with the design documentation referred to in paragraph 1.
5. The municipalities carry out the operations referred to in paragraph 4 at the request of the buyer, the buyer or tenant of the property. The cost of investigations and inspections referred to in this paragraph, and 'charged to the applicants.
9.Funzioni Art of the regions and local authorities
1. The regions and autonomous provinces of Trento and Bolzano Ensure the implementation of this Decree.
2. The competent authorities shall carry out, at a frequency, focusing on agreements between local authorities or through other public or private providers to ensure the qualifications and independence, investigations and inspections necessary for compliance with the rules on limiting consumption of energy in the performance and maintenance of air conditioning systems and ensure that the coverage of costs is made with a fair sharing among all end users and the integration of this activity in the system of inspections of installations in buildings provided for in Article 1, paragraph 44 of the Law of 23 August 2004, n. 239, so as to ensure the lowest cost and the least possible impact to be paid by citizens, and these activities, whose methods and requirements of operators are provided by the decrees referred to in Article 4, paragraph 1, shall be conducted in accordance with principles of impartiality, transparency, advertisement, territorial homogeneity and are aimed at:
a) reduce energy consumption and emission levels of pollutants;
b) correct situations not meeting the requirements of this decree;
c) comply with the requirements of all ' Article 7;
d) monitor the effectiveness of public policies.
3. The regions and autonomous provinces of Trento and Bolzano, in order to facilitate and standardize the efforts of local authorities or bodies responsible for checks and inspections of buildings and installations, as well as' to meet more effectively the obligations of paragraph 2, may promote the execution of computer programs for the establishment of registers of air conditioning systems with the relevant authorities, without new or higher charges for the bodies concerned. In this case, establishing the obligation for the same person referred to in Article 7, paragraph 1, to communicate to municipalities the main features of your system and the subsequent significant changes and the person referred to in Article 17 of Decree President of the Republic on 22 December 1999, no 551, to communicate information about the location and ownership of the equipment supplied in the last twelve months.
4. For plants that are equipped with generators of heat over the age of fifteen years, the competent authorities shall, in the same way referred to in paragraph 2, the heating system inspections as a whole including an assessment of the seasonal average efficiency of the generator and advice on improvements that can be correlated.
5. The regions and autonomous provinces of Trento and Bolzano report regularly to the Joint Conference and the Ministries of Productive Activities, Environment and Protection of land and infrastructure and transport, on the implementation of this Decree. Art
10.Monitoraggio, analysis, evaluation and adaptation of national legislation and regional energy
1. The Ministry of Productive Activities, Ministry of Environment and the Environment, Regions and Autonomous Provinces of Trento and Bolzano, within their respective expertise and also through agreements with scientific institutions and technical agencies, public and private, shall detect the degree of implementation of this decree, considering the results and proposing any legislative action on adaptation.
2. In particular, regions and autonomous provinces of Trento and Bolzano ensure the following activities:
a) collection and updating of data and information relating to end-use efficiency in buildings and their treatment on a regional scale to a knowledge of existing buildings in its levels of performance reference
b) monitoring the implementation of national and regional legislation force, to achieve the objectives and the problems inherent;
c) evaluating the impact on end-users of the implementation of legislation in the sector in terms of bureaucracy, charges placed against them and the services rendered;
d) measurement of of this decree and the law of the regional real estate sector in the market, the construction companies, materials and building components and those of production and installation and maintenance of air conditioning systems;
s) to study the development and 'evolution of the legislative and regulatory framework that goes beyond the regulatory barriers and other obstacles which impede the attainment of the objectives of this Decree;
f) study of evolutionary scenarios in relation to supply and demand of energy in the civilian sector;
g) analysis and evaluation of energy and environmental aspects of the entire building process, with particular attention to new technologies and production processes, transportation, disposal and demolition;
h) the proposal of measures and steps to an organic development of national energy legislation for the efficient use of energy in the civilian sector.
3. The results of the activities referred to in paragraph 2 shall be forwarded to the Ministry of Productive Activities and the Ministry of Environment and Protection of Natural Resources, which shall bring them together, process them and integrate them with the results of similar self-employment at national level in order to achieve a unified knowledge framework to be submitted to Parliament annually to supplement the report required by Article 20 of Law 9 January 1991, No 10, as well as' the Joint Conference. The Ministry of Productive Activities and the Ministry of Environment and Protection of Natural Resources shall also monitoring legislation in the Member States of the European Union, for the development of actions within a framework of methodologies and experience as much as possible coordinated reporting to Parliament and the Joint Conference in the framework of knowledge in the previous period.
TITLE II TRANSITIONAL PROVISIONS Article
11.Requisiti the energy performance of buildings
1. Until the date of entry into force of the decrees referred to in Article 4, paragraph 1, the calculation of the energy performance of buildings in winter and air conditioning, in particular, the annual consumption of primary energy and 'governed by the law of 9 January 1991 n . 10, as amended by this Ordinance, by enacting laws and the provisions of Annex I. Art
12.Esercizio, maintenance and inspection of heating systems
1. Until the date of entry into force of the decrees referred to in Article 4, paragraph 1, the reduced consumption of energy in the performance and maintenance of existing thermal plants for winter heating, periodic inspections, and minimum requirements of external bodies responsible of those inspections are covered by Articles 7 and 9, by decree of the President of the Republic of 26 August 1993, n. 412, as amended, and the provisions of Annex L.
TITLE III FINAL PROVISIONS Art
13.Misure accompanying
1. The Ministry of Productive Activities, establish programs, projects and tools for information, education and training in energy conservation.
2. Programmes and projects mentioned above favor the synergies of expertise and resources from the relevant regional governments and can also be made using scientific and technical agreements with local agencies, public and private. The same programs and projects are aimed at:
a) the full implementation of this Decree through new and effective forms of communication for citizens and business operators on the technical and the housing market;
b) to raise awareness of end-users and schools with particular attention to the realization that lead to changes in the behavior of citizens through the dissemination of indicators that express the energy and environmental impacts at individual and collective. Among these indicators, for immediate and highly communicative, we point out the ecological footprint;
c) upgrading the professional circuit and the training of new operators for the development and qualification of services, including innovative, in different stages of construction process with emphasis on energy efficiency and the installation and maintenance of air conditioning and lighting;
d) training of qualified and independent experts to be entrusted with the system of checks and inspections of building and plant.
3. The activities to achieve the objectives referred to in paragraph 2, letters a) and b) are integrated in the national education and information on saving and efficient use of energy created by the Ministry of Productive Activities, in cooperation with the Ministry Environment and Protection of Natural Resources, pursuant to Article 119 paragraph 1, letter a) of the Law of 23 August 2004, n. 239, limited to the years 2005 and 2006. Measures implemented under this activity and achievements being made available to regions and autonomous provinces of Trento and Bolzano.
4. The activities to achieve the objectives referred to in paragraph 2, letters c) and d) compete for regions and autonomous provinces of Trento and Bolzano, which can do so in human resources, financial and capital available under existing legislation. Art
14.Copertura financial
1. Implementation of this Decree, except for accompanying measures under Article 13, paragraph 3, there must be with human resources, financial and capital available to current legislation, no new or higher charges for public finance.
2. The costs arising from the accompanying measures referred to in Article 13, paragraph 3, amounting to € 400,000 for each of the years 2005 and 2006, accounted for by use of the resources of the authorization of expenditure referred to in Article 1, paragraph 119, letter a) of the Law of 24 August 2004, No 239. Art
15.Sanzioni
1. The designer who makes a report under Article 8 out without compliance with the procedure stipulated in the decree referred to in Article 8, paragraph 1, or an energy performance certificate without meeting the criteria and methodologies referred to in Article 4, paragraph 1, and 'punished with administrative penalty equal to 30 percent of the lot is calculated according to the current professional fees.
2. Unless the act constitutes a crime, the designer who makes a report under Article 8, or an energy performance certificate that is not true, and 'punished with administrative penalty of 70 per cent of the bill calculated under the existing tariff of fees, in this case the authority shall impose order or notice shall be given to the professional board with jurisdiction over disciplinary action resulting.
3. The project manager who fails to submit the affidavit to the City of conformity of the works referred to in Article 8, paragraph 2, of the declaration of completion of work, and 'punished with administrative penalty equal to 50 percent of the lot calculated in accordance with current professional fees and the authority which shall impose order or notice shall be given to the professional board with jurisdiction over disciplinary action resulting.
4. The project manager shall submit to the City that the affidavit of compliance of the works referred to in Article 8, paragraph 2, which falsely certifies compliance of the works in relation to the project and the technical report referred to in Article 28, paragraph 1, Law 9 January 1991, No 10, and 'punished with imprisonment up to six months or a fine of up to 500 €.
5. The property owner or tenant of the unit, the administrator of the condominium, or any third party and that he 'assumed the responsibility, who does not comply with the provisions of Article 7, paragraph 1, and 'punished with administrative penalty of not less than € 500 and not exceeding 3000 €.
6. The operator responsible for monitoring and maintenance, which does not comply with the provisions of Article 7, paragraph 2, 'punished with administrative fine of not less than 1000 € to 6000 € and more. The authority administering the penalty must notify the Chamber of Commerce, Industry, Crafts and Agriculture of members for disciplinary action resulting.
7. A manufacturer who fails to deliver to the owner, together with the building, the original of the certificates referred to in Article 6, paragraph 1, and 'punished with a administrative and not less than 5000 € up to € 30,000.
8. In the event of a breach of the provisions of Article 6, paragraph 3 of the contract and 'no. Nullity may be invoked only by the buyer.
9. In the event of a breach of the provisions of Article 6, paragraph 4, the contract and 'no. Nullity may be invoked only by the tenant. Art
16.Abrogazioni and final provisions
1. The following rules are repealed the law of 9 January 1991, n. 10:
a) Article 4, paragraphs 1 and 2, Article 28, paragraphs 3 and 4, Article 29, Article 30, Article 33, paragraphs 1 and 2, Article 34, Paragraph 3.
2. The following rules are repealed the decree of President of the Republic August 26, 1993, No 412:
a) Article 5, paragraphs 1, 2 and 4, Article 7, paragraph 7, Article 8.
3. E 'repealed Article 1 of Decree of the Minister of Industry, Commerce and Handicrafts on August 6, 1994, published in the Official Gazette No. 197 of 24 August 1994 on the implementation of the UNI implementation of the Decree of President of the Republic of 26 August 1993, n. 412, on the regulation for the control of energy consumption of heating systems for buildings, and adjustment of the limit value of the normalized energy needs.
4. The annexes, which form an integral part of this decree are hereby amended by the Minister of Productive Activities in consultation with the Minister of Environment and Protection of Natural Resources and Infrastructure and Transport, in consultation with the Joint Conference, in accordance with the technical changes made necessary by the progress, or to those introduced at Community level in accordance with Article 13 of Law on February 4 2005, no 11.
17.Clausola Art of compliance
1. In relation to the provisions of Article 117, fifth paragraph of the Constitution, and except as provided in Article 16, paragraph 3 of Law February 4, 2005, No 11, for the rules pertaining to the exclusive competence of the regions and autonomous provinces, the rules of this decree and ministerial decrees in the fields of application of concurrent legislation apply to regions and autonomous provinces, which have not yet done so to transpose the Directive 2002/91/EC until the date of entry into force of implementing legislation passed by each province and autonomous region. In dictating the legislation implementing the regions and autonomous provinces are required to comply with the constraints deriving from Community law and fundamental principles which stem from this decree and by the directive 2002/91/EC.
"Implementation of Directive 2002/91/EC on the Energy Performance of Buildings"
published in the Official Gazette No. 222, September 23, 2005 - No Ordinary Supplement 158
THE PRESIDENT OF THE REPUBLIC
Having regard to Articles 76 and 87 of the Constitution, the law
Vista October 31, 2003, No 306, and in particular Article 1, paragraphs 1 and 5 and Annex 'A';
Having regard to Directive 2002/91/EC of the European Parliament and the Council of 16 December 2002 on the energy performance of buildings;
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;
Viewed Legislative Decree 31 March 1998, No 112;
Given the legislative decree of 22 January 2004, No 42;
view of the Law of 1 June 2002, n. 120;
view of the Law of 23 August 2004, n. 239;
the Order of the President of the Republic August 26, 1993, No 412, implementation of the Law 9 January 1991, No 10;
the Order of the President of the Republic November 15, 1996, No 660;
Given the resolution of the Committee Interministerial Economic Planning No 1233 of 19 December 2002 revision of guidelines for national policies and measures to reduce emissions of greenhouse gases, published in the Official Gazette of the Italian Republic - General Series - No 68, March 22, 2003;
Given that Article 1, paragraph 1, of Law August 23, 2004, No 239, states that the aims and guidelines of national energy policy, as well as' the general criteria for its implementation are developed and defined by the State which also makes use of existing mechanisms for linkage and cooperation with regional autonomy;
Since rules concerning the energy efficiency of buildings complement the needs of diversification sources, flexibility and security of supply, development and classification of energy services, competition between companies, personal safety and property, public safety and environmental protection;
Since the Law of 9 January 1991, n. 10, and the decree of President of the Republic August 26, 1993, No 412, apply, for a part, Directive 2002/91/EC;
fit to proceed, for the implementation of Directive 2002/91/EC to introduce changes, additions and updates to the current legal framework in order to avoid disharmony with the new regulations, subject to the subject matter of deregulation that is the subject of proceedings for administrative simplification;
Given the preliminary resolution of the Council of Ministers, adopted at its meeting on May 27, 2005;
heard the opinion of the Joint Conference of Article 8 of Legislative Decree 28 August 1997, No 281, given at the meeting of June 30, 2005;
heard the opinion of the relevant Commissions of the Chamber of Deputies and the Senate;
Vista by the Council of Ministers, adopted at its meeting on July 29, 2005;
On the proposal of the Minister for Community policies and the Minister of Productive Activities, in consultation with the Ministers of Foreign Affairs, Justice, Economy and Finance, Environment and Protection of Land, Infrastructure and Transport and Regional Affairs;
And as ail the following legislative decree:
TITLE I GENERAL PRINCIPLES Article
1.Finalità
1. This Decree lays down the criteria, conditions and ways to improve the energy performance of buildings in order to facilitate the development, enhancement and integration of renewable sources and energy diversification, helping to achieve national targets for limiting emissions of greenhouse gases set by the Kyoto Protocol, to promote the competitiveness of the branches through advanced technology development.
2. This Order shall govern in particular:
a) the methodology for calculating the energy performance building integration;
b) the application of minimum requirements on energy performance of buildings;
c) the general criteria for the certification of buildings;
d) periodic inspections of air conditioning;
e) the criteria to ensure the qualification and independence of expert energy certification and inspection equipment;
f) the collection of information and experiences, the elaborations and the necessary studies orientation of energy policy in the sector;
g) promoting the rational use of energy through information and awareness of end users, training and updating of the industry.
3. For the purposes of paragraph 1, the state, regions and autonomous provinces, using mechanisms of connection and cooperation, establish programs, interventions and tools, while respecting the principles of simplification and consistency in law, to:
a) consistent and coordinated implementation of these rules;
b) monitoring the implementation of standards, including through the collection and processing of information and data;
c) studies that allow legislative adjustments in accordance with the needs of citizens and the market development;
d) promoting energy efficiency and renewables, including through awareness and information end users. Art
2.DEFINITIONS
1. For the purposes of this Decree defines:
a) 'building' and 'a system composed of the external building structures that define a volume of space defined by the internal structures and dividing that volume and all the equipment and technological devices that are permanently inside, the outer surface that defines a building can border on some or all of these elements: the external environment, the land, other buildings, the term may refer to an entire building or parts of a building designed or altered to be used as building units to whether 'standing;
b)' new building 'and' building for which an application for a permit to build or early reports of activity, however named, was submitted after the date of entry into force of this decree;
c) "energy performance, energy efficiency or performance of a building 'and' the annual amount of energy actually consumed or expected to be needed to meet the different needs associated with a standard use of the building, including summer and winter heating, hot water preparation for sanitary sanitary, ventilation and ' lighting. This quantity is expressed by one or more descriptors that take into account insulation, technical specifications and installation the design and positioning in relation to climatic aspects, solar exposure and influence of neighboring structures, the existence of its own energy conversion systems and other factors, including indoor climate, that influence the demand energy;
d) "certification for energy or energy efficiency building 'and' the document drawn up in accordance with the rules of this decree, stating the energy performance and possibly some energy parameters characteristic of the building;
e) ' cogeneration 'and' production and the simultaneous use of mechanical or electrical energy and heat from the fuel primary, according to certain quality criteria of energy efficiency;
f) 'air-conditioning system' and 'a combination of all the components needed for an air handling system, through which the temperature and' controlled or can be lowered, possibly in conjunction with the control of ventilation, humidity and air cleanliness;
g) "the boiler or boiler 'and' complex burner-boiler that can transfer to the heat transfer fluid from burning,
h) "useful thermal output of a heat generator 'and' the amount of heat transferred per unit time to the fluid, the unit measure used and 'the kW;
i)' heat pump 'and' a device or installation that extracts heat from the outside or from a source of low temperature heat and transfers it to the environment, temperature-controlled
l) 'ratings of the power and efficiency "are the values \u200b\u200bof maximum power and performance of a device specified by the manufacturer and guaranteed under the scheme of continuous operation.
2. For the purposes of this Order shall apply, in addition, the definitions in Annex A. Art
3.Ambito intervention
1. Subject to the exclusions provided for in paragraph 3 of this Decree shall apply to new buildings and buildings undergoing renovation in the manner and the exceptions provided for in paragraphs 2 and 3.
2. In the case of upgrading existing buildings, and as regards the minimum level of performance under Article 4, and 'provided for the gradual application in relation to the type of intervention. To this end, there are different degrees of implementation:
a) a full implementation throughout the building in case of:
1) complete refurbishment of the elements which constitute the building envelope of existing buildings with floor area exceeding 1000 square meters;
2) demolition and reconstruction of existing buildings in the maintenance of floor area exceeding 1000 square meters;
b) an application limited to the expansion of the building in case the same extension appears volumetrically more than 20 per cent of the existing building;
c) a limited application in respect of specific parameters, performance levels and requirements, in the case of interventions on existing buildings, such as:
1) total or partial renovation and maintenance of the building other than those already provided in the letter), number 1;
2) installation of new heating systems in existing buildings or renovation of such facilities;
3) replacement of boilers.
3. Are excluded from this decree the following categories of buildings:
a) the buildings that fall under the discipline of Part II and Article 136, paragraph 1, letters b) and c) of Legislative Decree 22 January 2004, No 42, indicating the code of cultural heritage and landscape;
b) industrial buildings, workshops and non-residential agricultural environments when they are heated to the needs of the manufacturing process or by using waste energy of the production process does not otherwise use,
c) the buildings blocks with a total floor area of \u200b\u200bless than 50 square meters. Art
4.Adozione of general criteria and a methodology for calculating the energy performance requirements
1. Within one hundred twenty days from the date of entry into force of this decree, with one or more decrees of the President of the Republic, are defined:
a) general criteria, methods of calculation and the minimum requirements designed to reduce consumption of energy and to achieve the objectives set out in Article 1, taking account of the Annex 'B' and its uses buildings. These decrees governing the design, installation, operation, maintenance and inspection of heating systems for space heating and summer of buildings, for domestic hot water preparation and health, limited to the tertiary sector, for artificial lighting of buildings;
b) the general criteria for energy efficiency for subsidized housing and subsidized, as well as' for public housing and private, and also the renovation of existing buildings and shows the calculation methods and minimum standards aimed at achieving the objectives set out in Article 1, taking account of the Annex B and the intended use of buildings;
c) the professional qualifications and accreditation criteria to ensure the qualification and independence of experts and bodies entrusted with the energy certification of buildings and inspection of air conditioning. The minimum requirements are reviewed and updated every five years depending on the progress of technology.
2. The decrees referred to in paragraph 1 shall be adopted on the proposal of the Minister of Productive Activities consultation with the Minister for Infrastructure and Transport and the Minister for the Environment, purchased with the Unified 1'intesa, having consulted the National Research Council, hereinafter referred to as the CNR, the National Agency for New Technologies Energy and the Environment, hereinafter referred to ENEA, the National Council of Consumers and Users, hereinafter referred CNCU. Art
5.Meccanismi cooperation
1. Minister of Productive Activities, in consultation with the Ministers of the Environment of the land and infrastructure and transport, gained an understanding with the Joint Conference, promote, no new or additional burdens on the state budget, initiatives joint, concerted and cooperation for the implementation of the decrees referred to in Article 4, paragraph 1, with the support of ENEA and CNR, aimed at:
a) promote the integration of environmental energy issues in the various sectoral policies;
b) develop and qualify energy services for public use;
c) encourage the creation of a system of inspection of facilities within the building, minimizing the impact and costs of these activities on end-users;
d) develop a system for an integrated and homogeneous throughout the national legislation, and
) develop specific projects, to support vocational training and employment. Art
6.Certificazione energy efficiency of new buildings
1. Within one year from the date of entry into force of this decree, new buildings and those under Article 3, paragraph 2, letter a), have, upon completion of construction and by the same manufacturer, a energy performance certificate, prepared in accordance with criteria and methodologies referred to in Article 4, paragraph 1.
2. Certification for apartments in a building may be based, as well as assessment of the apartment in question:
a) on a common certification of the whole building for blocks with a common heating system;
b) an assessment of another apartment representative in the same block and the same type.
3. In the case of buying the entire building or the individual property unit, the energy performance certificate and 'annexed to the purchase, in original or certified copy.
4. In the case of renting, and certification for energy 'made available to the operator or delivered to it by the owner declared in a copy of the original in his possession.
5. The certificate concerning the energy performance certificate, issued pursuant to paragraph 1, has a maximum validity time of ten years from its issue and is' updated with each major restructuring that changes the energy performance of the building or plant .
6. The certificate energy performance certificate includes information on their building energy efficiency, the current values \u200b\u200bin accordance with the law and values, which allow citizens to evaluate and compare the energy performance of the building. The certificate and 'accompanied by suggestions on the most significant and cost-effective for the improvement of that performance.
7. In buildings owned or intended for public use, the total useful floor area over 1000 square meters, and the energy performance certificate 'posted in the building to which it relates in a place easily visible to the public.
8. The public buildings that are covered by the programs under Article 13, paragraph 2, of the decrees adopted by the Ministry of Production Activities 20 July 2004, are required to comply with paragraphs 5 and 6 and a poster of energy performance certificates in a place easily visible to the public.
9. Within one hundred eighty days from the date of entry into force of this decree, the Minister of Productive Activities, in consultation with the Ministers of Environment and Protection of Land, Infrastructure and Transport, in consultation with the Joint Conference, the methodology calculated as of the decrees referred to in Article 4, paragraph 1, and taking into account the provisions in the preceding paragraphs, prepare national guidelines for energy certification of buildings, having heard the CNCU, while also providing simplified methods that minimize the burden.
7.Esercizio Art and maintenance of thermal systems for space heating and summer
1. The owner or tenant, the building administrator, or their third, that he takes responsibility, remains in operation and ensure that the facilities' operations are carried out inspection and maintenance as prescribed by law.
2. The operator responsible for monitoring and maintenance of systems for space heating and summer, carries out such activities in a workmanlike manner, in accordance with local regulations. An operator at the end of the same transactions, has the obligation to draft and sign an inspection report in accordance with the models provided by the technical rules of this decree and the implementing rules, in relation to the types and potential of the plant, to be issued to the person referred to in paragraph 1 that it subscribes to copy and receipt has been read. Art
8.Relazione technical investigations and inspections
1. The design documentation referred to in Article 28, paragraph 1 of Law 9 January 1991, No 10, and 'filled in the manner prescribed by the Minister of Productive Activities, in consultation with the Minister for the Environment, to be taken within one hundred eighty days from the date of entry into force of this decree, after consultation with the Conference Unified.
2. The conformity of the works, with respect to the project and the technical report referred to in paragraph 1 above shall be certified by the supervisor and presented to the City of competence of the declaration of completion of work. The City declares inadmissible the statement of the work, and if it does not 'accompanied by the aforementioned affidavit of the director works.
3. A copy of the documentation referred to in paragraph 1, and 'kept by the city, even for the purposes of investigations referred to in paragraph 4.
4. The district, also using experts or by outside bodies, qualified and independent, sets out the arrangements for the purposes of compliance with the requirements of this decree, findings and inspections during construction, or within five years from the date of completion of work declared by the customer, to verify compliance with the design documentation referred to in paragraph 1.
5. The municipalities carry out the operations referred to in paragraph 4 at the request of the buyer, the buyer or tenant of the property. The cost of investigations and inspections referred to in this paragraph, and 'charged to the applicants.
9.Funzioni Art of the regions and local authorities
1. The regions and autonomous provinces of Trento and Bolzano Ensure the implementation of this Decree.
2. The competent authorities shall carry out, at a frequency, focusing on agreements between local authorities or through other public or private providers to ensure the qualifications and independence, investigations and inspections necessary for compliance with the rules on limiting consumption of energy in the performance and maintenance of air conditioning systems and ensure that the coverage of costs is made with a fair sharing among all end users and the integration of this activity in the system of inspections of installations in buildings provided for in Article 1, paragraph 44 of the Law of 23 August 2004, n. 239, so as to ensure the lowest cost and the least possible impact to be paid by citizens, and these activities, whose methods and requirements of operators are provided by the decrees referred to in Article 4, paragraph 1, shall be conducted in accordance with principles of impartiality, transparency, advertisement, territorial homogeneity and are aimed at:
a) reduce energy consumption and emission levels of pollutants;
b) correct situations not meeting the requirements of this decree;
c) comply with the requirements of all ' Article 7;
d) monitor the effectiveness of public policies.
3. The regions and autonomous provinces of Trento and Bolzano, in order to facilitate and standardize the efforts of local authorities or bodies responsible for checks and inspections of buildings and installations, as well as' to meet more effectively the obligations of paragraph 2, may promote the execution of computer programs for the establishment of registers of air conditioning systems with the relevant authorities, without new or higher charges for the bodies concerned. In this case, establishing the obligation for the same person referred to in Article 7, paragraph 1, to communicate to municipalities the main features of your system and the subsequent significant changes and the person referred to in Article 17 of Decree President of the Republic on 22 December 1999, no 551, to communicate information about the location and ownership of the equipment supplied in the last twelve months.
4. For plants that are equipped with generators of heat over the age of fifteen years, the competent authorities shall, in the same way referred to in paragraph 2, the heating system inspections as a whole including an assessment of the seasonal average efficiency of the generator and advice on improvements that can be correlated.
5. The regions and autonomous provinces of Trento and Bolzano report regularly to the Joint Conference and the Ministries of Productive Activities, Environment and Protection of land and infrastructure and transport, on the implementation of this Decree. Art
10.Monitoraggio, analysis, evaluation and adaptation of national legislation and regional energy
1. The Ministry of Productive Activities, Ministry of Environment and the Environment, Regions and Autonomous Provinces of Trento and Bolzano, within their respective expertise and also through agreements with scientific institutions and technical agencies, public and private, shall detect the degree of implementation of this decree, considering the results and proposing any legislative action on adaptation.
2. In particular, regions and autonomous provinces of Trento and Bolzano ensure the following activities:
a) collection and updating of data and information relating to end-use efficiency in buildings and their treatment on a regional scale to a knowledge of existing buildings in its levels of performance reference
b) monitoring the implementation of national and regional legislation force, to achieve the objectives and the problems inherent;
c) evaluating the impact on end-users of the implementation of legislation in the sector in terms of bureaucracy, charges placed against them and the services rendered;
d) measurement of of this decree and the law of the regional real estate sector in the market, the construction companies, materials and building components and those of production and installation and maintenance of air conditioning systems;
s) to study the development and 'evolution of the legislative and regulatory framework that goes beyond the regulatory barriers and other obstacles which impede the attainment of the objectives of this Decree;
f) study of evolutionary scenarios in relation to supply and demand of energy in the civilian sector;
g) analysis and evaluation of energy and environmental aspects of the entire building process, with particular attention to new technologies and production processes, transportation, disposal and demolition;
h) the proposal of measures and steps to an organic development of national energy legislation for the efficient use of energy in the civilian sector.
3. The results of the activities referred to in paragraph 2 shall be forwarded to the Ministry of Productive Activities and the Ministry of Environment and Protection of Natural Resources, which shall bring them together, process them and integrate them with the results of similar self-employment at national level in order to achieve a unified knowledge framework to be submitted to Parliament annually to supplement the report required by Article 20 of Law 9 January 1991, No 10, as well as' the Joint Conference. The Ministry of Productive Activities and the Ministry of Environment and Protection of Natural Resources shall also monitoring legislation in the Member States of the European Union, for the development of actions within a framework of methodologies and experience as much as possible coordinated reporting to Parliament and the Joint Conference in the framework of knowledge in the previous period.
TITLE II TRANSITIONAL PROVISIONS Article
11.Requisiti the energy performance of buildings
1. Until the date of entry into force of the decrees referred to in Article 4, paragraph 1, the calculation of the energy performance of buildings in winter and air conditioning, in particular, the annual consumption of primary energy and 'governed by the law of 9 January 1991 n . 10, as amended by this Ordinance, by enacting laws and the provisions of Annex I. Art
12.Esercizio, maintenance and inspection of heating systems
1. Until the date of entry into force of the decrees referred to in Article 4, paragraph 1, the reduced consumption of energy in the performance and maintenance of existing thermal plants for winter heating, periodic inspections, and minimum requirements of external bodies responsible of those inspections are covered by Articles 7 and 9, by decree of the President of the Republic of 26 August 1993, n. 412, as amended, and the provisions of Annex L.
TITLE III FINAL PROVISIONS Art
13.Misure accompanying
1. The Ministry of Productive Activities, establish programs, projects and tools for information, education and training in energy conservation.
2. Programmes and projects mentioned above favor the synergies of expertise and resources from the relevant regional governments and can also be made using scientific and technical agreements with local agencies, public and private. The same programs and projects are aimed at:
a) the full implementation of this Decree through new and effective forms of communication for citizens and business operators on the technical and the housing market;
b) to raise awareness of end-users and schools with particular attention to the realization that lead to changes in the behavior of citizens through the dissemination of indicators that express the energy and environmental impacts at individual and collective. Among these indicators, for immediate and highly communicative, we point out the ecological footprint;
c) upgrading the professional circuit and the training of new operators for the development and qualification of services, including innovative, in different stages of construction process with emphasis on energy efficiency and the installation and maintenance of air conditioning and lighting;
d) training of qualified and independent experts to be entrusted with the system of checks and inspections of building and plant.
3. The activities to achieve the objectives referred to in paragraph 2, letters a) and b) are integrated in the national education and information on saving and efficient use of energy created by the Ministry of Productive Activities, in cooperation with the Ministry Environment and Protection of Natural Resources, pursuant to Article 119 paragraph 1, letter a) of the Law of 23 August 2004, n. 239, limited to the years 2005 and 2006. Measures implemented under this activity and achievements being made available to regions and autonomous provinces of Trento and Bolzano.
4. The activities to achieve the objectives referred to in paragraph 2, letters c) and d) compete for regions and autonomous provinces of Trento and Bolzano, which can do so in human resources, financial and capital available under existing legislation. Art
14.Copertura financial
1. Implementation of this Decree, except for accompanying measures under Article 13, paragraph 3, there must be with human resources, financial and capital available to current legislation, no new or higher charges for public finance.
2. The costs arising from the accompanying measures referred to in Article 13, paragraph 3, amounting to € 400,000 for each of the years 2005 and 2006, accounted for by use of the resources of the authorization of expenditure referred to in Article 1, paragraph 119, letter a) of the Law of 24 August 2004, No 239. Art
15.Sanzioni
1. The designer who makes a report under Article 8 out without compliance with the procedure stipulated in the decree referred to in Article 8, paragraph 1, or an energy performance certificate without meeting the criteria and methodologies referred to in Article 4, paragraph 1, and 'punished with administrative penalty equal to 30 percent of the lot is calculated according to the current professional fees.
2. Unless the act constitutes a crime, the designer who makes a report under Article 8, or an energy performance certificate that is not true, and 'punished with administrative penalty of 70 per cent of the bill calculated under the existing tariff of fees, in this case the authority shall impose order or notice shall be given to the professional board with jurisdiction over disciplinary action resulting.
3. The project manager who fails to submit the affidavit to the City of conformity of the works referred to in Article 8, paragraph 2, of the declaration of completion of work, and 'punished with administrative penalty equal to 50 percent of the lot calculated in accordance with current professional fees and the authority which shall impose order or notice shall be given to the professional board with jurisdiction over disciplinary action resulting.
4. The project manager shall submit to the City that the affidavit of compliance of the works referred to in Article 8, paragraph 2, which falsely certifies compliance of the works in relation to the project and the technical report referred to in Article 28, paragraph 1, Law 9 January 1991, No 10, and 'punished with imprisonment up to six months or a fine of up to 500 €.
5. The property owner or tenant of the unit, the administrator of the condominium, or any third party and that he 'assumed the responsibility, who does not comply with the provisions of Article 7, paragraph 1, and 'punished with administrative penalty of not less than € 500 and not exceeding 3000 €.
6. The operator responsible for monitoring and maintenance, which does not comply with the provisions of Article 7, paragraph 2, 'punished with administrative fine of not less than 1000 € to 6000 € and more. The authority administering the penalty must notify the Chamber of Commerce, Industry, Crafts and Agriculture of members for disciplinary action resulting.
7. A manufacturer who fails to deliver to the owner, together with the building, the original of the certificates referred to in Article 6, paragraph 1, and 'punished with a administrative and not less than 5000 € up to € 30,000.
8. In the event of a breach of the provisions of Article 6, paragraph 3 of the contract and 'no. Nullity may be invoked only by the buyer.
9. In the event of a breach of the provisions of Article 6, paragraph 4, the contract and 'no. Nullity may be invoked only by the tenant. Art
16.Abrogazioni and final provisions
1. The following rules are repealed the law of 9 January 1991, n. 10:
a) Article 4, paragraphs 1 and 2, Article 28, paragraphs 3 and 4, Article 29, Article 30, Article 33, paragraphs 1 and 2, Article 34, Paragraph 3.
2. The following rules are repealed the decree of President of the Republic August 26, 1993, No 412:
a) Article 5, paragraphs 1, 2 and 4, Article 7, paragraph 7, Article 8.
3. E 'repealed Article 1 of Decree of the Minister of Industry, Commerce and Handicrafts on August 6, 1994, published in the Official Gazette No. 197 of 24 August 1994 on the implementation of the UNI implementation of the Decree of President of the Republic of 26 August 1993, n. 412, on the regulation for the control of energy consumption of heating systems for buildings, and adjustment of the limit value of the normalized energy needs.
4. The annexes, which form an integral part of this decree are hereby amended by the Minister of Productive Activities in consultation with the Minister of Environment and Protection of Natural Resources and Infrastructure and Transport, in consultation with the Joint Conference, in accordance with the technical changes made necessary by the progress, or to those introduced at Community level in accordance with Article 13 of Law on February 4 2005, no 11.
17.Clausola Art of compliance
1. In relation to the provisions of Article 117, fifth paragraph of the Constitution, and except as provided in Article 16, paragraph 3 of Law February 4, 2005, No 11, for the rules pertaining to the exclusive competence of the regions and autonomous provinces, the rules of this decree and ministerial decrees in the fields of application of concurrent legislation apply to regions and autonomous provinces, which have not yet done so to transpose the Directive 2002/91/EC until the date of entry into force of implementing legislation passed by each province and autonomous region. In dictating the legislation implementing the regions and autonomous provinces are required to comply with the constraints deriving from Community law and fundamental principles which stem from this decree and by the directive 2002/91/EC.
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