Czech Republic: Mandatory Energy Performance Certificates For Buildings In The Czech Republic As Of 2013

On 19 September 2012, the Czech parliament overruled a presidential veto and passed an amendment to Act No. 406/2000 Coll., on energy management (the "Amendment"). Effective 1 January 2013, the Amendment imposes additional obligations on builders of new buildings, as well as on owners of certain buildings already in use, including the obligation to have an energy performance certificate ("EPC") issued. This article outlines the major changes in the energy management regulation and the new obligations that they entail.

The Amendment operates with new terms mostly introduced to the Czech legal system by a European directive. The energy performance of buildings, for instance, constitutes the amount of energy necessary for covering the consumption in a building. The total energy-referential surface is the exterior surface of all spaces in the building with an adjusted interior environment, defined through the exterior surfaces of the construction of the building's covering, or more simply, it constitutes the surface of all spaces in the building including the external walls (the "surface area").

Energy performance requirements for buildings

Effective 1 January 2013, when applying for a building permit, builders of new buildings must comply with energy performance requirements stated in a respective implementing regulation to Act No. 406/2000 Coll. at an optimal level. As of 1 January 2018, the energy performance requirements shall become more restrictive for buildings with a surface area of more than 1,500 sq.m. After 1 January 2020, only buildings complying with the energy performance requirements of the nearly zero level ("nearly zero energy buildings") will be permitted.

Compliance with the energy performance requirements of the respective level is to be proven by a positive binding opinion of the State energy inspection and the EPC submitted with the application form when applying for a building permit. This obligation also binds the owners of completed buildings undergoing major reconstruction, which is defined as a change of a completed building affecting more than 25% of all external walls of the building.

In contrast, buildings with a surface area of less than 50 sq.m., buildings which are considered part of the cultural heritage, buildings used for religious purposes, vacation homes and industrial or agricultural buildings with annual energy consumption up to 700 GJ are exempt from the above energy performance requirements and hence the need for the EPC.

Energy performance certificate

The Amendment imposes a new obligation on the owners of completed residential and administrative buildings already in use. As of 1 January 2015, the owners of such buildings are obliged to ensure the EPC. The Amendment sets later terms for fulfilment of the above-stated obligations in relation to the surface area of a building. At the latest by 1 January 2019, all completed residential and administrative buildings are required to have the EPC.

Furthermore, the building owner must ensure the EPC prior to any purchase or lease of a whole building or any purchase of building's compact parts (residential or nonresidential premises) as of 1 January 2013. After 1 January 2016, even the lease of residential or non-residential premises shall be subject to the obligation and the landlord will have to submit the EPC to the future tenant at the latest by the signing day of the lease agreement.

With regard to the purchase and lease of the building or its compact parts, the owner is obliged to ensure the EPC, submit the EPC to all potential buyers before the conclusion of the contract and hand over the EPC to the buyer at the latest by the conclusion of the contract. If publishing any information or marketing materials with respect to the purchase or lease of the building or its compact parts, the owner of the building is obliged to include the data from the EPC. The owners of buildings with a surface area less than 50 sq.m., buildings used for religious purposes, industrial and agricultural buildings with annual energy consumption up to 700 GJ and vacation homes are exempted from the regulation.

The EPC shall indicate the building's energy performance on a scale of A to G, making the information on expected energy consumption in the building accessible to potential buyers or tenants. It expires within ten years at the most or as soon as the building undergoes major reconstruction.

In the case of new buildings as well as completed buildings undergoing major reconstruction with an installed energy source with performance over 200 kW, an energy opinion constitutes part of the EPC (the "opinion"). The opinion assesses the technical, economic and ecological practicability of alternative systems of energy supply. The opinion can also be issued separately in cases that are specified in the Amendment.

The EPCs are to be elaborated and issued exclusively by energy experts authorised and listed by the Ministry of Industry and Trade. The list of experts will be available on the website of the Ministry. Due to increased demand of the EPCs at the beginning of next year, a significant increase in price for elaboration and issuance of the EPC can be expected.

Energy audit

The owner is required to ensure an energy audit for the building if the average annual consumption of energy in the period of the last two years exceeds the values stated in the implementing regulation, or if the owner carried out major reconstruction of a completed building which does not comply with the energy performance requirements stated in the implementing regulation. If the annual heat consumption in the building complies with the requirements set out in the regulation, the owner is exempt from the obligation.

The content and extent of the audit, as well as the manner in which it will proceed, is set out in the implementing regulation. It can only be processed by the expert. The audit is valid until the next major reconstruction of the building.

Installation of heat regulation and measuring devices

The Amendment further regulates the obligation on the part of building owners to install devices on interior heat installations that would regulate and measure heat consumption by end consumers, e.g. the tenants ("meters"). This obligation does not apply to residential houses, vacation homes or non-residential premises provided that the limits stated in the implementing regulation are not exceeded (compliance with the limits shall be proved by the opinion).

Fines

Building owners should take time to familiarise themselves with the new regulations, since the fines introduced by the Amendment are rather high.

The upper threshold of the fine for breaching any of the above obligations is CZK 100,000 (approx. EUR 4,000) for natural persons and CZK 5 million (approx. EUR 200,000) for legal entities.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions