Act No. 318 / 2012 Coll.
Act amending Act No. 406 / 2000 Coll., on Energy Management, as amended
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Law
Effective from 01.01.2013
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318
THE LAW
of 19 July 2012
amending Act No. 406 / 2000 Coll., on Energy Management, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 406 / 2000 Coll., on Energy Management, as amended by Act No. 359 / 2003 Coll., Act No. 694 / 2004 Coll., Act No. 180 / 2005 Coll., Act No. 177 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 574 / 2006 Coll., Act No. 393 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 299 / 2011 Coll., Act No. 53 / 2012 and Act No. 165 / 2012 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2002 / 91 / EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings. Directive 2009 / 28 / EC of the European Parliament and of the Council of 23 April 2009 on promoting the use of energy from renewable sources and amending and subsequently repealing Directives 2001 / 77 / EC and 2003 / 30 / EC. Directive 2009 / 125 / EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products. Directive 2010 / 30 / EU of the European Parliament and of the Council of 19 May 2010 on the labelling of energy-related products and standard product information. Directive 2010 / 31 / EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings. '.
2. in Article 2 (1) (f) to (h):
"(f) the energy performance of the building calculated the amount of energy required to meet the energy needs associated with the use of the building, in particular for heating, cooling, ventilation, humidity adjustment, hot water preparation and lighting;
(g) a boiler of an installation where only the heat energy which is passed on to the heat carrier is obtained by burning fuels;
(h) an air conditioning system for indoor air conditioning equipment, including heat, cold and air distribution equipment which is part of the building; ';
3. in Article 2 (1) (i), the words "which are divided into central heating, housing individual heating and local heating," shall be deleted;
4. in Paragraph 2 (1) (k):
"(k) the rated output of the highest heat output, expressed in kW, as specified by the manufacturer, which can be achieved in the case of continuous operation and efficiency indicated by the manufacturer, ';
5. in Article 2 (1) (m) and (n):
"(m) a certificate of energy performance a document containing specified information on the energy performance of a building or a whole part of a building;
(n) by energy audit, a written report containing information on the current or anticipated level of energy use in buildings, in the energy economy, in the industrial process and in energy services, describing and setting out technically, environmentally and economically effective proposals to increase energy savings or increase energy efficiency, including recommendations for implementation, ';
6. in Paragraph 2 (1), the following point (o) is inserted after point (n):
"(o) a written report containing information on the assessment of the performance of pre-determined technical, environmental and economic parameters determined by the energy assessor, including results and evaluations, ';
Points (o) to (r) shall be renumbered as points (p) to (s).
7. in § 2 (1) (p) to (s):
"(p) the building of the above-ground building and its underground parts, the space-concentrated and externally mainly enclosed by the perimeter walls and roof structures in which energy is used to adjust the internal environment;
(q) a whole part of a floor building, an apartment or another part of a building which is intended for separate use or has been modified for that purpose;
(r) the total energy-related surface area of the external floor plan area of all the spaces with an internal environment adapted throughout the building, defined by the external surfaces of the building envelope structure;
(s) a larger change of the completed building to more than 25% of the total cover area. ';
8. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (t) to (w) are added:
"(t) the envelope of the building is a set of all heat-exchange structures on the system boundary of the whole building or zone, which are exposed to an adjacent environment which consists of outdoor air, adjacent soil, internal air in an adjacent unheated space, adjacent non-heated building or adjacent zone of the building heated to a lower internal design temperature;
(u) the technical system of the building of equipment intended for heating, cooling, ventilation, humidity adjustment, hot water preparation, lighting of the building or its complete part or for a combination of these purposes;
(v) the cost-optimal level laid down by the requirements for the energy performance of buildings or their building or technical features, resulting in the lowest costs of investments in energy use, maintenance, operation and disposal of buildings or their components during the estimated economic life cycle;
(w) an almost zero-energy building with a very low energy performance whose energy consumption is largely covered by renewable sources. '
9. In Article 3 (1), the words "with the need to safeguard the essential functions of the State and" shall be inserted after the word "development."
10. in the first sentence of Article 4 (1), the words "or the municipality" shall be added after the word "Prague" and at the end of the paragraph, the sentence "Territorial Energy Concept" shall be added. "
11. in the first sentence of Article 4 (2), the word "procured" shall be replaced by the words "are obliged to accept," the words "the Regional Office, the Municipality of the City of Prague and the Municipality of the Statutory Cities (hereinafter referred to as" the Purchaser ") in the first sentence shall be replaced by the words" the Region, the City of Prague and the City of Statutory Town "and the second sentence shall be deleted;
12. in Paragraph 4 (3):
"(3) The territorial energy concept may, in so far as it is not an obligation under paragraph 2, be adopted by the municipality for its territorial district or part thereof. The territorial energy concept adopted by the municipality shall be consistent with the territorial energy concept adopted by the region. ';
13. in Article 4 (4), the words "in accordance with paragraph 7" shall be inserted after the word "needs."
14. in Article 5 (1), the words "aid instrument" shall be replaced by the words "aid programme" and the words "its" shall be deleted;
15. in Paragraph 5 (4), the words "including the development of buildings with almost zero energy consumption" shall be added at the end of the text in point (a).
16. in Article 5 (4), the words "and energy assessments" shall be added at the end of the text of point (j);
17. Article 6, 6a and 7, including footnote 4, 4b, 5, 5a, 12 and 13, read:
Efficiency of energy use of energy sources and energy distribution
(1) The contractor or owner of the electricity or thermal energy2) is obliged to ensure at least the minimum efficiency of the energy use of electricity or heat generation provided for by the implementing legislation for newly set-up production and production plants for which a change in the finished construction is being carried out (4).
(2) The contractor or owner of the thermal energy distribution and internal thermal energy and cold2) is obliged to ensure the efficiency of the use of energy distribution and equipment for external and internal thermal energy and cold distribution within the scope of the implementing legislation for newly established installations and installations where a change in finished construction is carried out (4).
(3) The supplier of boilers and biomass stoves, solar photovoltaic and solar thermal systems, shallow geothermal systems and heat pumps (hereinafter referred to as "selected renewable energy plants") is obliged to provide true, undistorted and complete information on the expected benefits and annual operating costs of these plants and their energy efficiency in the technical documentation or instructions for use.
(4) The holder of a licence for the production of electricity under the Energy Act producing electricity in a power plant with an installed power greater than 5 MWe using brown coal (hereinafter referred to as the "electricity producer ') shall:
(a) ensure regular monitoring of the efficiency of the use of energy produced by electricity generation (hereinafter referred to as "efficiency control") resulting in a regular written report on the effectiveness check under the implementing legislation including also the quantity of electricity produced during the period for which the efficiency check was carried out;
(b) to process efficiency control reports objectively, regularly and completely;
(c) submit reports on the effectiveness check to the Ministry within 30 days of carrying out the effectiveness check and upon request by the State Energy Inspection.
(5) The electricity producer, which produces electricity without providing useful heat with energy efficiency below the value laid down in the implementing legislation, shall pay the market operator within 90 days of carrying out the efficiency check payment for failure to meet the minimum efficiency of the use of energy in the combustion of brown coal. The Ministry shall publish data from efficiency control reports in a way that allows remote access. The market operator shall record the revenue from the payment in a separate account and use it to cover the costs associated with the promotion of electricity from high-efficiency cogeneration of electricity and heat produced from brown coal under another regulatory provision 4b).
(6) The method of determining the efficiency of the use of energy produced by electricity production, the value of the minimum efficiency of the use of energy produced without the supply of useful heat, the frequency of the efficiency check, the model and content of the efficiency control report and the method of determining the amount of electricity produced during the period for which the efficiency control was carried out and the extent of the published data from the efficiency control reports, including the payment data, shall be laid down by the implementing legislation to the market operator.
(7) The amount of the payment referred to in paragraph 5 shall be determined by the Government by a regulation.
Control of operated boilers and heat and air conditioning systems
(1) For operated boilers with a rated power greater than 20 kW and the relevant thermal energy distribution, their owner or community of unit owners (5) must:
(a) ensure regular monitoring of these boilers and of the relevant heat energy distribution resulting in a written report on the control of the operated boilers and of the relevant heat energy distribution;
(b) submit, on request, reports on the control of the boilers operated and the relevant thermal energy distribution to the Ministry or the State Energy Inspection,
(c) notify the Ministry of Control by the person referred to in paragraph 3 (d) and provide the Ministry with a copy of the authority of the person responsible for carrying out this activity under the legislation of another Member State of the Union.
(2) For operating air conditioning systems with a rated cooling capacity of more than 12 kW, its owner or its unit owners' community shall:
(a) ensure regular monitoring of the air conditioning system resulting in a written report on the control of the air conditioning system;
(b) submit on request reports on the control of the air conditioning system to the Ministry or the State Energy Inspection Office;
(c) notify the Ministry of Control by the person referred to in paragraph 3 (d) and provide the Ministry with a copy of the authority of the person responsible for carrying out this activity under the legislation of another Member State of the Union.
(3) When checking operated boilers, heat distribution systems and air conditioning systems, the following conditions shall be met:
(a) the inspection of the boilers operated and of the relevant thermal energy distribution not covered by the heat energy production licence and the heat distribution licence pursuant to the special legislation (2) may be carried out only by the relevant energy specialist referred to in Article 10 (1) (c) or by the person referred to in (d);
(b) the inspection of the operated boilers and of the relevant heat energy distribution plants covered by the heat energy production licence and the heat distribution licence under the special legislation (2) shall be carried out by the holder of the heat production licence and the holder of the heat distribution licence;
(c) the control of air-conditioning systems may be carried out only by the relevant energy specialist referred to in Article 10 (1) (d) or by the person referred to in (d);
(d) checks on operated boilers and heat distribution and control on air-conditioning systems, including the processing of the relevant report, may also be carried out and processed by a person established in another Member State of the Union, provided that he is authorised to carry out that activity under the legislation of another Member State of the Union; The Ministry is a recognition body under the specific legislation5a),
(e) reports on the inspections of the boilers operated and the relevant heat energy distribution referred to in paragraph 1 and the air conditioning systems referred to in paragraph 2 shall be prepared objectively, impartially, truthfully and completely.
(4) The obligation referred to in paragraphs 1 and 2 shall not apply to boilers and internal thermal energy distribution and air conditioning systems located in family houses, apartments and buildings for family recreation, except where they are operated exclusively for business activities. The boiler and internal thermal energy distribution and air conditioning systems located in family houses, apartments and buildings for family recreation shall be provided with advice in accordance with Section 5 (4) (g).
(5) The scope, frequency and method of carrying out the check, the model and the content of the report on the checks on operated boilers and heat distribution and the checks on air conditioning systems are laid down in the implementing legislation.
Reducing the energy performance of buildings
(1) In the case of construction of a new building, the builder is obliged to comply with the energy performance requirements of the building pursuant to the implementing legislation and, when applying for a building permit or announcement of the building, to provide proof of
(a) a positive binding opinion by the authority concerned pursuant to Section 13 of compliance with the energy performance requirements of the building at cost-optimal level as from 1 January 2013;
(b) a positive binding opinion by the authority concerned pursuant to Article 13 of the fulfilment of the energy performance requirements of a building with near-zero energy consumption, in the case of a building the owner and user of which will be a public authority or an entity established by a public authority (hereinafter referred to as the "public authority") and whose total energy reference area will be:
1. greater than 1 500 m2 from 1 January 2016;
2. greater than 350 m2 from 1 January 2017;
3. less than 350 m2 as from 1 January 2018;
(c) a positive binding opinion by the authority concerned pursuant to Article 13 of the fulfilment of the energy performance requirements of a building with almost zero energy consumption, for a building with a total energy reference area of more than 1 500 m2 from 1 January 2018, for a building with a total energy reference area of more than 350 m2 from 1 January 2019 and for a building with a total energy reference area of less than 350 m2 from 1 January 2020;
(d) a certificate of the energy performance of the building to assess the technical, economic and environmental feasibility of alternative energy supply systems.
(2) In the event of a major change in the completed building, the owner of the building or the community of the owners of the units shall comply with the energy performance requirements of the building pursuant to the implementing legislation and the builder shall, when applying for a building permit or a declaration of construction, or the owner of the building or community of the owners of the units, be required to demonstrate the energy performance of the building before the start of a major change of the completed building, where this change is not subject to a building permit or declaration,
(a) compliance with the energy performance requirements of the building at a cost-optimal level for the building or for the modified building features of the building envelope and changed technical systems under the implementing legislation;
(b) an assessment of the technical, economic and environmental feasibility of alternative energy supply systems under the implementing legislation;
(c) the setting of recommended measures to reduce the energy performance of the building under the implementing legislation.
(3) In the case of more than a major change in the completed building or a major change in the completed building where the energy performance requirements for the modified building components of the building envelope or technical systems are demonstrated and implemented within 10 years of the completion of the energy performance certificate of the building, the owner of the building or the community of unit owners shall comply with the requirements for the energy performance of the building under the implementing legislation and for the construction of the building with the energy performance requirements for the changed building envelope or changed technical systems under the implementing legislation; This shall be demonstrated by copies of documents relating to the amended building envelope elements or to the modified technical systems and which are required to be kept for 5 years.
(4) The builder, the owner of the building or community of the owners of the units are also obliged to:
(a) equip internal thermal equipment of buildings with instruments regulating and registering the supply of heat energy to end-users to the extent provided for in the implementing legislation; the end-user is obliged to allow the installation, maintenance and control of such devices,
(b) ensure, in the case of the installation of selected renewable energy installations in the building, that only the persons referred to in Article 10d carry out the installation; the provision shall be demonstrated by the presentation of a copy of the tax documents relating to the installation and a copy of the authorisation referred to in Article 10f;
(c) ensure, when using buildings, that the specific heat consumption indicators for heating, cooling and hot water provided for in the implementing legislation are not exceeded;
(d) comply with the heating, cooling and hot water supply rules laid down in the implementing legislation;
(e) for buildings used by public authorities with a total energy-related area of more than 1 500 m2, include these buildings in the Energy Monitoring System published on the Ministry's website by 1 January 2015.
(5) The energy performance requirements of the building referred to in paragraphs 1 to 3 need not be met
(a) for buildings with a total energy-related area of less than 50 m2,
(b) in the case of buildings which are a cultural monument or are not a cultural monument but are located in a conservation or conservation zone (12), if, in view of the interests of national conservation, compliance with certain energy performance requirements would significantly alter their character or appearance; this fact is evidenced by the builder, owner of the building or community of unit owners by the binding opinion of the State Heritage Authority,
(c) for buildings designed and commonly used as places of worship and for religious purposes;
(d) for buildings for family recreation 13),
(e) for industrial and manufacturing plants, workshops and agricultural buildings with an energy consumption of up to 700 GJ per year;
(f) in the event of a major change in the completed building, the owner of the building or the community of unit owners proves by an energy audit that this is not technically or economically appropriate with regard to the life of the building and its operational purposes.
(6) The rules on heating, cooling and the supply of hot water do not apply to supplies made
(a) in family homes and construction sites for family recreation;
(b) for non-residential premises, provided that the limits laid down in the implementing legislation are not exceeded and that there is no risk to health or property; not exceeding the limits is demonstrated by an energy assessment;
(c) for dwellings owned by the unit owners' community, where the unit owners' community agrees (5) to different rules, provided that the limits laid down in the implementing legislation are not exceeded and that there is no risk of health or property harm; not exceeding the limits shall be demonstrated by an energy assessment.
(7) The obligations laid down in paragraph 4 (a) and (c) do not apply to family homes and buildings for family recreation.
(8) The implementing legislation sets out the cost-optimal level of the energy performance requirements of the building for new buildings, major changes in completed buildings, other than major changes in completed buildings, nearly zero energy buildings, a method for calculating the energy performance of the building, a model for assessing the technical, economic and environmental feasibility of alternative energy supply systems and a model for setting recommended measures to reduce the energy performance of the building.
(9) The scope of equipment for internal heat equipment of buildings by instruments regulating and registering the supply of heat energy to end-users, specific heat indicators for heating, cooling and hot water preparation and rules for heating, cooling and hot water supply shall be laid down in the implementing legislation.
4) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
4b) Act No. 165 / 2012 Coll., on supported energy sources and on the amendment of certain laws.
5) Act No. 72 / 1994 Coll., which regulates certain joint ownership relations with buildings and certain ownership relations with apartments and non-residential premises and complements certain laws (the Housing Act), as amended.
(5a) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and of certain nationals of other States, and amending certain laws (Act on the Recognition of Professional Qualifications), as amended.
12) Act No. 20 / 1987 Coll., on State Memorial Care, as amended.
13) Decree No. 501 / 2006 Coll., on general requirements for the use of the territory, as amended. '
footnotes 4d, 5b, 6, 6a and 6b are deleted.
18. the following Section 7a is inserted after Section 7, including the title and footnotes 14 and 15:
Energy Performance Card
(1) The builder, owner of the building or community of the owners of the units is obliged to:
(a) ensure the processing of an energy performance certificate (hereinafter referred to as the "licence") for the construction of new buildings or for major changes in completed buildings;
(b) ensure the processing of a licence for a building used by a public authority from 1 July 2013 with a total energy reference area of more than 500 m2 and from 1 July 2015 with a total energy reference area of more than 250 m2;
c) ensure the processing of a licence for used housing or administration buildings
1. with a total energy-related area of more than 1 500 m2 by 1 January 2015,
2. with a total energy-related area of more than 1000 m2 by 1 January 2017;
3. with a total energy-related area of less than 1000 m2 until 1 January 2019,
(d) notify the Ministry of Processing of the licence by the person referred to in point (a) (2) of paragraph 4 and provide the Ministry with a copy of the authorisation of the person to carry out this activity under the legislation of another Member State of the Union;
(e) in the case of a building used by a public authority, where it is under an obligation to ensure that the licence referred to in paragraph 1 (a) to (c) is processed, to place the licence in the building in accordance with the implementing legislation;
(f) submit on request the certificates to the Ministry or the State Energy Inspection.
(2) The owner of a building or community of unit owners is required
(a) ensure the processing of the licence;
1. when selling a building or a whole part of a building;
2. when renting a building,
3. from 1 January 2016 when renting a whole part of the building,
(b) present the document or a certified copy thereof
1. to the potential buyer of a building or a whole part of a building prior to the conclusion of contracts relating to the purchase of a building or a whole part of a building;
2. a possible tenant of a building or a whole part of a building prior to the conclusion of contracts relating to the lease of a building or a whole part of a building;
(c) hand over the licence or a certified copy thereof
1. to the buyer of the building or the whole part of the building at the latest when signing the purchase contract;
2. tenants of a building or a whole part of a building at the latest when signing the lease contract;
(d) ensure that the energy performance indicators shown in the licence are presented in information and advertising material;
1. sale of a building or a whole part of a building;
2. renting a building or a whole part of a building.
(3) The unit owner 5) is obliged to:
(a) present the document or a certified copy thereof
1. to the possible buyer of the unit before the conclusion of contracts relating to the purchase of the unit,
2. as from 1 January 2016 to the possible tenant of the unit before the conclusion of contracts relating to the lease of the unit,
(b) hand over the licence or a certified copy thereof
1. to the buyer of the unit at the latest when signing the purchase contract,
2. from 1 January 2016, the charterers of the unit at the latest when signing the lease contract,
(c) ensure the indication of energy performance indicators on the licence in information and advertising material;
1. sale of the unit;
2. from 1 January 2016 the rental of the unit.
(4) The card shall be valid for 10 years from the date of its completion or until a major change has been made to the completed building for which it has been processed and shall:
(a) be processed only:
1. the relevant energy specialist referred to in Article 10 (1) (b); or
2. a person established in another Member State of the Union, where he is entitled to pursue that activity under the law of another Member State of the Union; The Ministry is a recognition body under the specific legislation5a),
(b) be part of documents14) when demonstrating compliance with technical requirements for construction (15);
(c) for the cases referred to in Sections 9a (1) (a) and 9a (2) (a) and (b), contain an energy assessment;
(d) be processed objectively, truthfully and completely.
(5) The obligations under paragraphs 1 to 3 do not apply to the cases referred to in Article 7 (5) (a), (c), (d) and (e).
(6) The model and the contents of the licence, the manner in which it is processed and the location of the licence in the building are laid down in the implementing legislation.
(7) If the owner of the unit has not been provided with the licence referred to in paragraph 1 or 2 on written request, he may replace it by billing the supply of electricity, gas and heat for the unit concerned for the past 3 years; in that case, the obligation referred to in paragraph 3 (c) shall not apply.
(8) The card processed for the building is also a card for the whole part of the building, including the unit.
14) Decree No. 499 / 2006 Coll., on documentation of buildings.
15) Decree No. 268 / 2009 Coll., on technical requirements for construction. '.
19.
Energy audit
(1) A builder, a community of unit owners or the owner of a building or an energy economy are required to process an energy audit for a building or an energy economy where:
(a) the building or the energy economy has an overall average annual energy consumption over the last two calendar years above the energy consumption value laid down in the implementing legislation;
(b) for a major change in the completed building, the energy performance requirements of the building referred to in Article 7 (5) (f) are not met.
(2) An energy audit is valid until a major change has been made to the completed building or to the energy economy for which it has been processed and must:
(a) be processed only:
1. the relevant energy specialist referred to in Article 10 (1) (a); or
2. a person established in another Member State of the Union, where he is entitled to pursue that activity under the law of another Member State of the Union; The Ministry is a recognition body under the specific legislation5a),
(b) be treated objectively, truthfully and completely.
(3) The additional obligations of the builder, the community of unit owners or the owner of the building or of the energy economy in the event of an obligation to process the audit referred to in paragraph 1 shall be:
(a) submit an energy audit to the Ministry or the State Energy Inspection upon request;
(b) to comply with the measure or part of the measure resulting from the energy audit within the time limit laid down in the State Energy Inspection Decision in the case of State, Regional and Regional Organisations and Contributory Organisations;
(c) notify the Ministry of Energy Audit by the person referred to in paragraph 2 (a) (2) and submit to the Ministry a copy of the authorisation of the person to carry out this activity under the legislation of another Member State of the Union.
(4) The obligation to process an energy audit shall not apply to:
(a) an existing energy economy where installations for the production of electricity and heat energy, the transmission of electricity and the distribution of electricity and the distribution of heat energy comply with the energy efficiency requirements of the implementing legislation;
(b) completed buildings whose specific heat consumption during heating complies with the requirements laid down in the implementing legislation.
(5) The content and manner of processing of the energy audit and its scope are laid down in implementing legislation. "
20. The following Section 9a is inserted after Section 9, including the title:
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Regulation Information
| Citation | Act No. 318 / 2012 Coll., amending Act No. 406 / 2000 Coll., on Energy Management, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.10.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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