Monday, September 22, 2008

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ENERGY CERTIFICATION

October 8, 2005 entered into force Legislative Decree No 19 August 2005 192, amended by Legislative Decree no. No 29 December 2006 311, (both quoted in "the leegi") for the implementation of EU Directive 2002/91/EC on the energy performance of buildings. The purpose of this legislation is to establish the criteria, conditions and procedures to improve performance energy efficiency of buildings for the purpose of "reducing energy consumption."
primary role must be recognized, under the rules laid down by Legislative Decree no. 192/2005, the so-called. "Energy performance certificate", not only as a means of follow up (ex post) in respect of buildings under construction, the requirements designed to improve their energy performance (Article 8 paragraph two), but mainly as an instrument of "information" purchaser (the third paragraph of Article 6) or the conductor - in the case of lease / rental - (fourth paragraph of Article 6), considering the legislature that a comprehensive prior knowledge on the part of buyers or conductor of the performance data and the provision energy performance and, most importantly, suggestions on the most significant and cost-effective for the improvement of that performance, constitutes an essential prerequisite for obtaining a constant and gradual improvement of the energy performance of even the existing buildings (both as an incentive for current owners to improve such performance to bring the property more "palatable" in the market both as an incentive for buyers to steer any maintenance work, in priority to those interventions that might somehow allow the "reduction of energy consumption" ).
The information on this page are based solely on law national. However, some regions have adopted or are adopting additional provisions that may have an even substantially on the framework presented here.
Certificates
The law in this regard are two different "statements" to the end of "energy certification"
- the certificate of qualification to perform the energy as a tool for follow-compliance, under construction or renovation of buildings, provisions designed to improve their energy performance (Article 8 paragraph two);
- the energy performance certificate, which must play the role as an instrument of "information" buyer or tenant (art. 6 third and fourth) about performance and energy efficiency of buildings, in particular, to ensure that the function of "information tool" its energy performance certificates, the legislature has prescribed that the same in the event of a transfer, consideration of entire buildings or individual units, should be annexed to the translational, and that under penalty of nullity (relative) of the act or that the same, when hired, to be delivered or made available to the conductor, always considered null (relative) of the contract.
The two statements are noteworthy not only for the various "functions", including with regard to the characteristics of "certification": In fact, while the energy qualification certificate may be provided by a qualified professional and legalization of the design or construction of the building "does not necessarily alien to the property and therefore not necessarily" third party ", the energy performance certificate must instead be issued by "experts" or "agencies" "third", of which there shall be guaranteed "the qualification and independence."
Currently you can not get an energy performance certificate. In fact, a prerequisite for obtaining certification for energy is the issue: - the ministerial decrees which must set the criteria and requirements professional to identify experts or bodies entrusted with the energy certification - national guidelines for energy certification.
Without this legislation, "regulation" is not possible, at the operational level, get an energy performance certificate. To date, this regulatory legislation, however, has not yet been enacted. The transitional provision


The transitional rule applies in pending enactment of regulatory legislation, is dictated by art. 11 paragraph 1 bis of Legislative Decree no. 192/2005, introduced with effect from February 2, 2007, Legislative Decree no. 311/2006, that rule provides that, until the regulatory provisions have been enacted to enable the drafting of the certification of buildings, the same shall be replaced for all purposes (and therefore the effects substantiation of the acts translational and delivery, when hired) by the certificate of qualification or an energy equivalent energy certification procedure established by the City with its rules before the deadline of 8 October 2005.
With the introduction of transitional arrangements referred to in Legislative Decree no. 311/2006, however, the requirement of allegation does not, currently, all the translative case, having to always take into account the "gradual storm" planned for the 'Entry into force of this obligation, art. 6, paragraph 1, 1-a, a-b and one-quarter of the Legislative Decree no. 192/2005, in particular:

Currently (and until 1 July 2008)
obligation to annex covers the following buildings:
A) New Buildings That
buildings constructed under building permits or notification of activity beginning respectively requested or filed after the October 8, 2005 (in the event of a building permit is the date of application, not the date of issue that reference should be made).
B) THE BUILDINGS RADICAL RESTRUCTURING
That the surface buildings of more than 1000 square meters. who have undergone radical restructuring under planning permission or notification of activity beginning respectively requested or submitted after the October 8, 2005. For
"radical restructuring" for the allegation of conduct in terms of energetic certification means: - the complete renovation of the building elements which constitute the envelope of existing buildings floor area exceeding 1000 square meters - the demolition and reconstruction of buildings existing floor area exceeding 1000 square meters).
c) buildings "facilitate"
That the buildings on which they were made after 1 January 2007, interventions aimed at improving the energy performance for which you intend to access the incentives and concessions of any kind, both as a relief tax or contributions of public funds or of the generality of people in relation to which there has already been issued with the energy performance certificate or, on a temporary certificate of qualification energy.
D) BUILDING "PUBLIC"
That is held by public buildings or public entity for which after 1 July 2007 have been renewed or signed new contracts in the management of heating systems or air conditioning.
E) surface buildings of more than 1000 MQ
That the buildings or individual units, whether from the time of construction and the date on which the request was made under the building, a floor area exceeding 1000 square meters, more that the act has translational object for the entire property.

From 1 July 2008
the obligation to submit a cover over the buildings of the above sub A), sub B), C) and D below) all other buildings, apart from the time of construction and usable area, not only the individual units of area of \u200b\u200bless than 1000 square meters.

From 1 July 2009
The requirement to attach cover all buildings apart from the time of construction and the working surface. The repeal of the obligation to

allegation
The August 5, 2008 the House finally approved the bill conversion Decree-Law of 25 June 2008, n. 112, entitled "Urgent provisions for economic development, simplification, competitiveness, the stabilization of public finance and tax equalization.
Article. 35 paragraph 2-bis of the measure provides for the repeal of paragraphs 3 and 4 of Art. 6 of Legislative Decree no. 192/2005 (which provide for the mandatory allegation and delivery of the energy certificate) and paragraphs 8 and 9 of Article. 15 (setting out the sanction of nullity "relative").
Following this repeal, as seems certain, the ending of the allegation of the acts translational energy certificate of buildings in the regions that have legislated after the Legislative Decree no. 192/2005 (as amended by Legislative Decree no. December 29, 2006 No. 311), appears less secure the repeal of that requirement in those areas (such as Piedmont, Lombardy, Liguria, Val d'Aosta, Emilia Romagna) that come with rules or resolutions, have included not only the negotiations but added to the file - in some cases - even penalties.

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