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Головна Legal advice Minimum energy performance requirements for buildings approved

Minimum energy performance requirements for buildings approved

We would like to inform you that on 04.01.2021, the minimum energy performance requirements for buildings, approved by the Ministry of Community and Territorial Development (Minregion), came into force.

As you may recall, in accordance with the definition of the Law of Ukraine “On the energy efficiency of buildings” dated June 8, 2017 No. 2118-VIII (hereinafter referred to as the Law), minimum energy performance requirements are a set of requirements for the building enveloping constructions, engineering systems and their elements (including equipment), which result in the provision of adequate living and/or working conditions for the occupants of the building during the normal useful life of the building at the standardized energy consumption level.

The Law stipulates that minimum energy performance requirements for buildings shall be calculated in accordance with the special methods1, while taking into account the thermal performance requirements for envelopes and the energy efficiency requirements for engineering systems (including equipment) of the buildings according to economically feasible level and differentiated according to the functional purpose of the building, building height, type of construction work (new construction, renovation, overhaul).

At the same time, the Law provides that minimum energy efficiency requirements for buildings shall be established by the central executive body responsible for establishing state policy in the field of construction.

Thus, the Ministry of Regional Development issued the corresponding Order “On Approval of Minimum Energy Performance Requirements for Buildings” dated 27.10.2020, No. 260 (registered at the Ministry of Justice on 18.12.2020, No. 1257/35540), which can be found at the link: https://zakon.rada.gov.ua/laws/show/z1257-20#Text.

We also would like to remind you that, according to the Law, energy efficiency certification does not apply to:

  • temporary establishments for business activities with a period of use not exceeding two years;
  • buildings and dwellings used or intended to be used for less than four months of the year or for a limited summer period with a stipulated energy consumption of less than 25 per cent of the amount, which would be the result of annual use, in particular: for hunting, animal recovery and related services; for supporting activities in agriculture and post-harvest activities; summer homes for temporary accommodation, garden houses, tourist bases; children’s and family camps, holiday homes and other buildings for temporary accommodation;
  • garages above and under the ground level;
  • industrial facilities, workshops;
  • bus terminals and other road transport buildings;
  • train stations and other railway buildings;
  • urban electric transport buildings;
  • air terminals and other air transport buildings;
  • sea and river stations, lighthouses and associated buildings.

In addition, the provisions of the Law on minimum energy performance requirements for buildings and certification of energy performance of buildings do not apply to:

  • individual (homestead) dwellings, garden houses, summer houses (except in cases of state support for thermo-modernization or certification of such houses at the request of the owner);
  • buildings intended for religious services and religious events held by religious organizations;
  • buildings that are objects of cultural heritage;
  • freestanding buildings with a heated area of less than 50 square meters.

In turn, according to the Law, energy efficiency certification is mandatory for:

  1. objects of construction (new construction, reconstruction, overhaul) which, according to the class of consequences (responsibility), belong to objects with medium (CC2) and significant (CC3) consequences, which are determined in accordance with the Law of Ukraine “On the Regulation of Urban Planning”;
  2. publicly owned buildings with a heated area of more than 250 square meters, which are frequented by citizens and in all premises where public authorities are located;
  3. buildings with a heated area exceeding 250 square meters, in all premises of which local authorities are located (in case they carry out thermo-modernization of such buildings);
  4. buildings undergoing thermo-modernization, for which state support is provided and which result in achieving a building energy efficiency class not lower than the minimum energy performance requirements of the building.