The bill amends Law 372/2005 on building energy efficiency.
Under current legislation, as of January 1, 2011, owners of houses or apartments must provide their potential buyers or tenants with the energy efficiency certificate. In January, the National Union of Romanian Notaries Public announced this rule imposed no requirement on real estate transactions and the court, executor or notary are unable to prevent the owner, buyer or tenant from selling, buying or renting the property.
The Development Ministry’s bill says that the owner, administrator or investor must provide the potential buyer or tenant with a copy of the certificate before completing the sale/rental contract. Contracts signed without observing this requirement may be annulled in accordance with the Civil Code, says the bill.
Once the sale-purchase contract is signed, the former owner must transfer the original certificate to the new owner. When the contract is registered, the new owner is required to file a copy of the efficiency certificate with the relevant fiscal authority.
In the case of buildings under construction, drawing up the certificate is the responsibility of the investor, owner or administrator. This document must be presented to the committee set up to receive the project upon completion; a copy will be included in the acceptance certificate and the building’s technical documentation.
The home owner or administrator is required to provide information on the property’s energy efficiency, according to the certificate, in any sale or rental adverts.
The bill also says that, to reduce energy consumption, improve energy efficiency and encourage the move to buildings with almost zero consumption, the Development Ministry will suggest several support programs to the Government.
Energy efficiency certificates will be required for buildings under construction, to be sold or let, or to undergo major renovations. This certificate, valid for ten years, contains data on the building’s energy consumption and CO2 emissions, which allows the investor/ owner/ administrator to compare and evaluate its energy performance.
Energy certification and auditing is carried out by auditors authorized by the Development Ministry. More than 1,000 people have been authorized by June 30, 2011.
Dan Berbecaru, vice-president of the Association of Building Energy Auditors, said over 1,000 certificates have been issued this year all over the country, by authorized individuals or employees of companies in the business.
He explained the price is not fixed: for an apartment in a residential building, “a fair price” is, in his opinion, between 400 and 600 lei (around EUR90-140). For buildings larger than 1,000 square meters, the reference price is EUR1 per square meter. Auditing smaller buildings can cost EUR1-1.5 per square meter, while an efficiency certificate for a larger building can cost EUR0.5-0.6 per square meter.
The bill also introduces new provisions on the verification of building energy performance and associated certificates, through controls carried out by the State Inspectorate for Construction, as well as fines and penalties.
Investors and designers are to take every step necessary so that, starting with December 31, 2020, every newly constructed building will have “almost zero energy consumption,” says the bill.
(EUR1=RON4.3435)