ATTENTION TO THE ENERGY CERTIFICATE OF THE BUILDINGS! In two months, it becomes mandatory!
Last week appeared in the Official Gazette no. 283 of May 20, 2013, Law no. 159/2013 for the amendment and completion of Law no. 372/2005 regarding the energetic performance of the buildings, which stipulates the obligation to present the energetic certificate of the building at their sale or rent.
“Owners and potential customers must put on their schedule the date of July 20, 2013, as the date of entry into force of the law published in the Official Gazette no. 283 of May 20, 2013, since each owner will be obliged to make available to the potential buyer or tenant, as the case may be, before the completion of the contract, a copy of the energy certificate. Otherwise, the sale-purchase or rental contracts are subject to relative nullity, according to the provisions of the Civil Code. Art. 13. Energy efficiency has started to be an essential point brought into discussion by potential tenants and buyers of office space, in the context of the special attention paid in the last three years to the maintenance costs of the building and their optimization. From the beginning of the year until now, about 20% of our clients have chosen energy-efficient, well-insulated office buildings “, says Alexandru Petrescu, Managing Partner of ESOP Consulting | CORFAC International.
ESOP Consulting’s portfolio includes many energy-certified premium buildings, some even declared green buildings to international standards, including Sky Tower, West Gate, Arion Green, Crystal Tower, Euro Tower, Europa House, Evocasa Selecta, Magheru One, Olympia Tower, River View Plaza and Victoria Center.
And regarding the residential field, the APARTAMENTE Radacini project, also in the ESOP portfolio, is certified in energy class A. Prices start from 57,000 euros, including VAT, for two-room apartments.
WHAT THE NEW LAW PROVIDES
Law no. 159/2013 for the amendment and completion of Law no. 372/2005 regarding the energy performance of buildings, published in the Official Gazette no. 283 of May 20, 2013
- After article 13, three new articles are introduced, articles 131 – 133, with the following content: “Art. 131. –
(1) For buildings or building units that are sold or rented, the investor/owner/administrator is obliged to make available to the potential buyer or tenant, as the case may be, before completing the contract, a copy of the certificate, so that he can take knowledge about the energy performance of the building/building unit he is going to buy/rent, as the case may be.
(2) After the sale-purchase contract, the owner must send the certificate, in original, to the new owner.
(3) On the date of registration of the sale-purchase contract, respectively, of the lease, the owner must submit to the competent fiscal body a copy of the certificate. The original will remain in possession of the owner.
(4) The sale-purchase contracts concluded without observing the provisions of par. (1) are subject to relative nullity, according to the provisions of the Civil Code. Article 132.
(1) For the buildings that are being built, the certificate is elaborated by the investor/owner/administrator, it is presented by him, in original, to the commission gathered for the reception at the end of the works, it is attached, in copy, to the reception report and is part of the technical construction book.
(2) The minutes concluded on the occasion of the reception at the end of the works and not accompanied by the copy on the certificate is null and void.
(3) By exception from the provisions of art. 13 and 131, in the case of buildings that are sold before the reception at the end of the works, the investor/owner/administrator provides the buyer with data/information to evaluate the energy performance of the building/building unit, included in its technical documentation, following that at the reception at the end of the works the provisions of par. (1). Art. 133. – To inform potential buyers or tenants, the investor/owner/administrator of the building/building unit provided in art. 7 para. (1) shall specify in the announcements of their sale or rental information from the certificate regarding the performance indicators provided in art. 5.”
- The mention regarding the transposition of the community norms will have the following content: “This law fully transposes in the national legislation the provisions of Directive no. 2010/31 / EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (reform), published in the Official Journal of the European Union, series L no. 153 of June 18, 2010.”
Art. V. – This law enters into force 60 days from publication in the Official Gazette of Romania, Part I.
by Maria Neda 
