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Law no. 372/2005 regarding the energy performance of buildings

The Romanian Parliament adopts this law .

Chapter I - General Provisions

Article 1
The purpose of this law is to promote the increase of the energy performance of buildings, taking into account the external climatic and site conditions, the requirements of indoor temperature and economic efficiency.

Article 2
This law establishes conditions for:
a) the general framework of calculation methodology for energy performance of buildings;
b) application of minimum energy performance requirements to new buildings;
c) applying the minimum energy performance requirements to existing buildings subject to modernization works;
d) energy certification of buildings;
e) Regular boiler technical inspection and inspection of building air conditioning systems / installations and, in addition, assessment of heating installations where boilers are older than 15 years.

Chapter II - Definitions


Article 3
The terms and expressions used in the present law have the following meanings:
1. building - a set of spaces with specified functions, delimited by the building elements that make up the building envelope, including the related installations, where the energy is used to ensure the interior thermal comfort. The term building defines both the building as a whole and parts thereof, which have been designed or modified for separate use;
2. Energy performance of the building - the energy actually consumed or estimated to meet the needs of the normal use of the building, which mainly includes: heating, hot water consumption, cooling, ventilation and lighting. The energy performance of the building is determined according to a calculation methodology and is expressed by one or more numerical indicators which are calculated taking into account the thermal insulation, the technical characteristics of the building and the installations, the design and location of the building in relation to the external climatic factors, sun exposure and the influence of neighboring buildings, their own sources of energy production and other factors, including the indoor climate of the building, which influences energy needs;
3. the energy performance certificate of the building a technical document that is informative and attests the energy performance of a building;
4. Combined heat and electricity production PCCE - simultaneous transformation of primary fuels into mechanical or electrical energy and thermal energy, called cogeneration, in compliance with certain quality criteria regarding energy efficiency;
5. air conditioning system - a combination of all components necessary to provide an air treatment form in which the temperature is controlled or can be lowered, as the case may be, in combination with control of ventilation, humidity and air purity;
6. boiler - an assembly consisting of the boiler body and a burner, designed to transmit the heat from the combustion of a fuel;
7. nominal thermal power - expressed in kW the maximum thermal output established and guaranteed by the manufacturer, which can be supplied during continuous operation, observing the useful yields specified by the producer;
8. Heat pump - device or installation that extracts heat at low temperature from air, water or soil to supply it to a building;
9. renovation works - modernization works carried out on the building envelope and / or heating installations, hot water, electricity and lighting, natural gas, ventilation and air conditioning, whose costs exceed 25% of the building's tax value, or modernization works carried out at more than 25% of the building envelope;
10. Technical expertise of heating installations Total inspection of the heating installation, which includes the evaluation of the boiler efficiency and its dimensioning according to the building's heating demand, on the basis of which the certified technical experts recommend the replacement of the heating system or the change of the heating system and hot water cooking, as well as alternative solutions.

Chapter III - Methodology for calculating the energy performance of buildings


Article 4
(1) Within 12 months from the date of publication in the Official Gazette of Romania, Part I of this law, the Ministry of Transport, Constructions and Tourism elaborates and approves, by minister's order, the technical regulation regarding the calculation methodology of the energy performance of buildings, hereafter referred to as the methodology.
(2) The methodology shall comprise, in particular, the following elements:
(a) the thermo-technical characteristics of the elements constituting the building envelope, the internal compartmentation, including air tightness;
b) heating and hot water supply systems, including the isolation characteristics;
c) the air conditioning installation;
(d) ventilation;
e) the integrated lighting installation of the building, mainly the non-residential sector; f) the position and orientation of the buildings, including external climatic parameters;
g) solar and passive solar systems;
h) natural ventilation;
i) Indoor climate conditions, including those foreseen in the project.
(3) The methodology shall include, as appropriate, other elements where their influence on the energy performance of buildings is relevant, such as:
a) active solar systems and other heating systems, including electrical, based on renewable energy sources;
b) electricity produced by cogeneration;
c) district and block heating or cooling plants;
d) natural lighting.


Article 5
The energy performance of the building is clearly expressed and may include a carbon dioxide emission indicator.

Article 6
The elements provided in paragraph (2) and (3) of art. 4 may be amended by Government Decision.

Chapter IV - Energy Performance Requirements for Buildings


Article 7
(1) The methodology establishes the minimum energy performance requirements for buildings, hereinafter referred to as requirements, and applies differently for different categories of buildings, both for new buildings and existing buildings, as follows:
a) single-family dwellings;
b) housing blocks;
c) offices;
d) educational buildings;
e) hospitals;
f) hotels and restaurants;
g) sports halls;
h) buildings for trade services;
i) other types of energy-consuming buildings.
(2) The requirements set out in the methodology take into account the general indoor climate conditions to prevent potential negative effects, such as inadequate ventilation, local conditions, project destination and building age.
3. The requirements shall be reviewed at regular intervals of no more than 5 years and shall be updated whenever necessary to reflect technical progress in the construction sector.

Article 8
The requirements set out in the methodology do not apply to the following categories of buildings:
a) Buildings and protected monuments that are either part of protected areas, according to the law, have a special architectural or historical value, which, if their requirements were applied, would unacceptably change their character or appearance;
b) buildings used as places of worship or other religious activities;
c) temporary buildings intended to be used for periods of up to 2 years in industrial areas, workshops and non-residential buildings in the agricultural sector requiring low energy consumption;
d) residential buildings that are intended to be used less than 4 months per year;
e) independent buildings with a usable area of ​​less than 50 m2.

Chapter V - New Buildings



Article 9
The new buildings meet the requirements set out in the methodology.

Article 10

For new buildings with a total usable area of ​​more than 1,000 m2, the authority of the local or county public administration, through the urban planning certificate issued for the issuance of the building permit, according to the law, requires the elaboration of a technical, economic and environmental feasibility study regarding the possibility the use of alternative energy generation systems, such as:
a) decentralized energy supply systems based on renewable energy sources;
b) Combined Heat and Power Production - CHP;
c) district or block heating or cooling systems;
d) Heat pumps under certain conditions.

Chapter VI - Existing Buildings



Article 11
For existing buildings with a usable area of ​​more than 1,000 m2 where renovation works are carried out, their energy performance should be improved to meet the requirements set out in the methodology, to the extent that this is technically feasible and economically.

Article 12
Requirements are set for the entire renovated building or for the renovated building systems / elements when they are part of a renovation work to be carried out over a limited period of time, aiming at improving the overall energy performance of the building.

Chapter VII - Energy performance certificate of the building


Article 13
(1) The energy performance certificate of the building, hereinafter referred to as "certificate", valid for 10 years from the date of issue, shall be elaborated in compliance with the legislation in force for the buildings in the categories stipulated in art. 7 par. (1) which are built, sold or rented out.
(2) The certificate is issued to the owner and the owner puts it, as the case may be, at the disposal of the potential buyer or tenant.
(3) The certificates for apartments and spaces for other purposes than for dwelling in collective dwellings shall be issued, as the case may be, based on:
a) a common certification for the entire building, in the case of buildings connected to the centralized heating and hot water system; or
b) evaluation of a similar apartment in the same building.
(4) No certificate shall be issued for the buildings referred to in art. 8.
(5) The certificate shall include reference values ​​provided in the technical regulations in force, which allow consumers to compare and assess the energy performance of the building. The certificate is accompanied by cost reduction recommendations by improving the building's energy performance.
Art. 14
In cazul cladirilor cu o suprafata utila de peste 1.000 m2, aflate in proprietatea/administrarea autoritatilor publice sau a institutiilor care presteaza servicii publice, certificatul valabil este afisat intr-un loc accesibil si vizibil publicului. Se afiseaza la loc vizibil si temperaturile interioare recomandate si cele curente si, dupa caz, alti factori climatici semnificativi.

Capitolul VIII - Inspectia cazanelor si expertizarea tehnica a centralelor termice si a instalatiilor de incalzire


Art. 15
In scopul reducerii consumului de energie si al limitarii emisiilor de dioxid de carbon, se efectueaza:
a) inspectie periodica la intervale de 5 ani, pentru cazanele care utilizeaza combustibil lichid sau solid neregenerabil, cu puterea nominala de 20-100 kW; inspectia se efectueaza si pentru cazanele care utilizeaza alte tipuri de combustibil;
b) inspectie cel putin o data la 2 ani, pentru cazanele cu puterea nominala mai mare de 100 kW; pentru cazanele care utilizeaza combustibil gazos aceasta perioada poate fi extinsa la 4 ani;
c) expertizarea tehnica a instalatiilor de incalzire echipate cu cazane cu puterea nominala mai mare de 20 kW si o vechime mai mare de 15 ani.

Art. 16
Inspectia cazanelor si expertizarea tehnica a centralelor termice si a instalatiilor de incalzire se fac conform legislatiei in vigoare.

Capitolul IX - Inspectia sistemelor de climatizare
Art. 17

In order to reduce energy consumption and reduce carbon dioxide emissions, it is planned to inspect air conditioning systems with nominal power over 12 kW at 5-year intervals. The inspection of air conditioning systems includes performance evaluation and sizing in relation to the building's air conditioning needs. Consumers will be informed about the improvement or replacement of the air conditioning system and other possible solutions.

Article 18
Inspection of air conditioning systems is done according to the legislation in force.

Chapter X - Independent Experts

Article 19
(1) The energy audit of the building and the elaboration of the certificate shall be carried out by energy auditors for buildings, certified according to the legislation in force.
(2) Expertise of the heating and air conditioning systems of the building shall be carried out by technical experts, certified according to the legislation in force.

Article 20
Energy auditors for buildings and certified technical experts carry out their activity as independent experts, authorized natural persons or as employees of legal entities, according to the legislation in force.

Chapter XI - Transitional and Final Provisions


Article 21
Until the entry into force of this law, the Ministry of Transport, Construction and Tourism, the Ministry of Economy and Commerce and the Ministry of Administration and Interior shall establish programs for informing the users of the buildings on the different methods and practices that allow the increase of the energy performance.

Article 22
Within 12 months from the date of publication in the Official Gazette of Romania, Part I of this law, by common order of the Minister of Transports, Constructions and Tourism, Minister of Economy and Commerce and Minister of Administration and Interior, the methodological norms regarding the energy performance of buildings.

Article 23
The provisions of art. 13 par. (1) and (2) regarding the issuance of certificates and making them available to prospective buyers or tenants by the owners in the case of sale or rental of single-family houses and apartments in blocks of flats, shall apply 3 years after the entry into force of to this law.

Article 24
This law enters into force on January 1, 2007. This law fully transposes the provisions of the Directive no. 2002/91 / EC of the European Parliament and of the Council on the energy performance of buildings, published in the Official Journal of the European Communities (JOCE) L 001 of 4 January 2003, p. 0065-0071.

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