European Union (Energy Performance Of Buildings) Regulations 2019

JurisdictionIreland
CitationIR SI 183/2019
Year2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd May, 2019.

INDEX

1. Citation

2. Commencement

3. Purpose of Regulations

4. Interpretation generally

5. Exempted Dwellings

6. Application

7. Existing Dwellings

8. Nearly Zero Energy Buildings

9. Technical Guidance Documents

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) and for the purpose of giving effect to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018, hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2019

Commencement

2. These Regulations shall come into operation on 1 November 2019.

Purpose of the Regulations

3. The purpose for which these Regulations are made include, in particular, the giving of further effect to the relevant provisions of Articles 2, 7, and 9 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20101 .

Interpretation generally

4. In these Regulations: –

“building element” means a technical building system or an element of the building envelope;

“building envelope” means the integrated elements of the building which separate its interior from the outdoors environment;

“building control regulations” means the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) as amended;

“building regulations” means the Building Regulations 1997 ( S.I. No. 497 of 1997 ) as amended;

“cost-optimal level” means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, where:

(a) the lowest cost is determined taking into account energy- related investment costs, maintenance and operating costs (including energy costs and savings, the category of building concerned, earnings from energy produced), where applicable, and disposal costs, where applicable; and

(b) the estimated economic lifecycle refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set out for building elements,

and the cost optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;

“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018;

“dwelling” means a house or flat forming a separate unit of residential accommodation;

“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;

“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;

“flat” means separate and self-contained premises constructed or adapted for residential use and forming part of a building from some other part of which it is divided horizontally;

“major renovation” means the renovation of a building where more than 25% of the surface of the building envelope undergoes renovation;

“nearly zero-energy building” means a building that has a very high energy performance and the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

“substantial work has been completed” means that the structure of the external walls of the dwelling has been erected;

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