231 tal-2022 - Regolamenti tal-2022 li jemendaw ir-Regolamenti dwar ir-Rendiment tal-Enerġija fl-Użu tal-Bini

L.N. 231 of 2022

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Energy Performance of Buildings (Amendment) Regulations, 2022

IN EXCERCISE of the powers conferred by article 17(2) of the

Building and Construction Authority Act, the Minister responsible for

the Construction Industry, after consultation with the Building and

Construction Authority Board, has made the following regulations:-

(1) The title of these regulations is the Energy Citation and

Performance of Buildings (Amendment) Regulations, 2022 and these scope.

regulations shall be read and construed as one with the Energy S.L. 623.01.

Performance of Buildings Regulations, hereinafter referred to as "the

principal regulations".

(2) The scope of these regulations is to further transpose

Directive 2018/844/EU of the European Parliament and of the Council

of 30 May 2018 amending Directive 2010/31/EU on the energy

performance of buildings and Directive 2012/27/EU on energy

efficiency.

Sub-regulation (2) of regulation 2 of the principal Amends

regulation 2 of

regulations shall be amended as follows

the principal

regulations.

(a) the definition "the Act" thereof shall be substituted by

the following new definition

" "Act" means the Building and Construction

Authority Act;";

(b) immediately after the definition "cogeneration" there

shall be added the following new definition

" "competent authority" means the Building and

Construction Authority established under article 5 of the

Act, and includes any body or other person acting on its

behalf under powers delegated by the Authority under the

Act;"; and

(c) immediately after the definition "Member State" there

shall be added the following new definition

" "micro isolated system" means any system with

consumption less than 500 GWh where there is no

connection with other systems;".

Regulation 9 of the principal regulations shall be amended

as follows

(a)

sub-regulation (3) thereof shall be deleted;

(b) in sub-regulation (5) thereof, the words "When new

building services, in accordance with sub-regulation (3), are

installed in buildings", shall be substituted by the words "When

new building services are installed in buildings";

(c)

sub-regulation (6) thereof shall be deleted; and

(d) the proviso to sub-regulation (10) thereof, shall be

amended as follows

(i) in sub-paragraph (iii) thereof, the words "the

transposition of Directive 2014/94/EU." shall be

substituted by the words "the transposition of Directive

2014/94/EU;"; and

(ii) immediately after sub-paragraph (iii) thereof, as

amended, there shall be added the following new sub-

paragraph

"(iv) the ducting infrastructure required would

rely on micro isolated systems if this would lead to

substantial problems for the operation of the local

energy system and would endanger the stability of the

local grid.".

Schedule I to the principal regulations shall be substituted

by the following new Schedule

"Schedule I

(Regulation 4)

Common general framework for the calculation of

energy performance of buildings

1. The energy performance of a building shall be determined

on the basis of calculated or actual energy use and shall reflect typical

energy use for space heating, space cooling, domestic hot water,

ventilation, lighting and other technical building systems.

The energy performance of a building shall be expressed by a

numeric indicator of primary energy use in kWh/(m 2 .y) for the purpose

of both energy performance certification and compliance with

minimum energy performance requirements. The methodology applied

for the determination of the energy performance of a building shall be

transparent and open to innovation.

The competent authority shall describe its national calculation

methodology following the national annexes of the overarching

standards, namely ISO 52000-1, 52003-1, 52010-1, 52016-1, and

52018-1, developed under mandate M/480 given to the European

Committee for Standardisation (CEN). This provision shall not

constitute a legal codification of those standards.

2. The energy needs for space heating, space cooling,

domestic hot water, ventilation, lighting and other technical building

systems shall be calculated in order to optimise health, indoor air

quality and comfort levels defined by the competent authority at

national or regional level.

The calculation of primary energy shall be based on primary

energy factors or weighting factors per energy carrier, which may be

based on national, regional or local annual, and possibly also seasonal

or monthly, weighted averages or on more specific information made

available for individual district system.

Primary energy factors or weighting factors shall be defined by

the competent authority. In the application of those factors to the

calculation of energy performance, the competent authority shall

ensure that the optimal energy performance of the building envelope is

pursued.

In the calculation of the primary energy factors for the purpose of

calculating the energy performance of buildings, the competent

authority may take into account renewable energy sources supplied

through the energy carrier and renewable energy sources that are

generated and used on-site, provided that it applies on a non-

discriminatory basis.

3. For the purpose of expressing the energy performance of a

building, the competent authority may define additional numeric

indicators of total, non-renewable and renewable primary energy use,

and of greenhouse gas emission produced in kgCO 2 eq/(m 2 .y).

4. The methodology shall be laid down taking into

consideration at least the following aspects

(a)

the following actual thermal characteristics of the

building including its internal partitions

(i)

thermal capacity;

(ii)

insulation;

(iii) passive heating;

(iv) cooling elements; and

(v)

thermal bridges;

(b) heating installation and hot water supply, including

their insulation characteristics;

(c)

air-conditioning installations;

(d) natural and mechanical ventilation which may

include air-tightness;

(e) built-in lighting installation (mainly in the non-

residential sector);

(f) the design, positioning and orientation of the

building, including outdoor climate;

(g)

passive solar systems and solar protection;

(h) indoor climatic conditions, including the designed

indoor climate;

(i)

internal loads.

The positive influence of the following aspects shall be

taken into account

(a) local solar exposure conditions, active solar systems

and other heating and electricity systems based on energy from

renewable sources;

(b)

electricity produced by cogeneration;

(c)

district or block heating and cooling systems;

(d)

natural lighting.

For the purpose of the calculation, buildings should be

adequately classified into the following categories

(a)

single-family houses of different types;

(b)

apartment blocks;

(c)

offices;

(d)

educational buildings;

(e)

hospitals;

(f)

hotels and restaurants;

(g)

sports facilities;

(h)

wholesale and retail trade services buildings;

(i)

other types of energy-consuming buildings.".

5. Schedule II to the principal regulations shall be substituted Substitutes

Schedule II to

by the following new Schedule

the principal

regulations.

"Schedule II

(Regulation 32)

Independent control systems for energy performance certificates

and inspection reports

1. The competent authority or bodies to which the competent

authority has delegated the responsibility for implementing the

independent control system shall make a random selection of all the

energy performance certificates issued annually and subject them to

verification. The sample shall be of a sufficient size to ensure

statistically significant compliance results.

The verification shall be based on the options indicated below or

on equivalent measures

(a) validity check of the input data of the building used to

issue the energy performance certificate and the results stated in

the certificate;

(b) check of the input data and verification of the results

of the energy performance certificate, including the

recommendations made;

(c) full check of the input data of the building used to

issue the energy performance certificate, full verification of the

results stated in the certificate, including the recommendations

made, and on-site visit of the building, if possible, to check

correspondence between specifications given in the energy

performance certificate and the building certified.

2. The competent authority or bodies to which the competent

authority has delegated the responsibility for implementing the

independent control systems shall make a random selection of at least

a statistically significant percentage of all the inspection reports issued

annually and subject those reports to verification.

3. Where information is added to a database it shall be

possible for national authorities to identify the originator of the

addition, for monitoring and verification purposes.".

€0.54