Implementation Of Energy Performance Of Buildings

Author:Ms Linda Conway
Profession:Dillon Eustace

1. Background Energy efficiency has been topping the agenda of most governments in recent years. Following the Kyoto Protocol, a greater impetus has been seen at a European level and by national governments to comply with obligations under the protocol. In late 2000 the European Council, endorsing the European Commission's Action Plan on Energy Efficiency, requested that specific measures be adopted in the building sector, as it has been shown that buildings play a major part in the consumption of energy. One of the strategies adopted at European level took the form of the EU Energy Performance of Buildings Directive (2002/19/EC). The principal aim of the Directive is to highlight the energy performance of buildings and to promote greater energy savings therein. This update looks at the obligations on owners of commercial buildings under the directive, what they must do to comply with the directive and the timeframes involved in compliance. 2. Irish Implementation The date for national implementation of the directive passed on January 4, 2006 (although a grace period of a maximum of three years has been granted for the implementation of certain measures under the directive). Statutory Instrument ("SI") Articles N 872 of 2005 transposed the directive into Irish law on December 21 2005. This amends Section 3 of the existing Building Control Act 1990 to allow energy saving regulations to be introduced to effect the terms of the directive. 3. Measures with Effect from July 1 2006 Energy performance requirements SI N 873 of December 21 2005 introduces new regulations under the Building Control Act, in line with SI 872 of 2005 which came into effect on July 1 2006. These regulations will now be a concern for builders in the construction of any new building and the alteration or change of use of existing buildings. However, there are, two exceptions to the rule: (i) buildings for which planning permission was granted, pursuant to the Planning and Development Act 2000, on or before June 30, 2006 and where substantial work (external walls fully erected) is completed by June 30, 2008; and (ii) where a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 (SI N 600 of 2001) was published on or before June 30, 2006 and where substantial work (external walls fully erected) is completed by June...

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