Energy performance certificate for buildings, the innovations of legislative decree no. 48/2020

News for the energy performance certificate of buildings with the legislative decree of 10 June 2020, n. 48, which implements Directive (EU) 2018/844.

But what changes?

Legislative decree 10 June 2020, n- 48, implements Directive (EU) 2018/844 and 'promotes the improvement of the energy performance of buildings, taking into account local and external climatic conditions, as well as the requirements relating to the climate of internal environments and the cost-effectiveness of the planned actions, optimizing the relationship between costs and benefits for the community'.

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The title of the legislative decree 19 August 2005, n. 192, is replaced by the following: 'Implementation of Directive (EU) 2018/844, which amends Directive 2010/31/EU on energy performance in buildings and Directive 2012/27/EU on energy efficiency, Directive 2010/31/EU on energy performance in buildings, and Directive 2002/91/EC relating to energy performance in construction'.

As reported by article 9 of the legislative decree, changes have been made to article 6 of legislative decree no. 192 of 2005. As indicated, in case of failure to declare or attach the energy performance certificate, the parties are subject to the payment of an administrative fine which can range from 3,000 to 18,000 euros. For rental contracts of individual real estate units the fine is from 1,000 to 4,000 euros and, if the duration of the lease does not exceed three years, it is reduced by half.

Furthermore, it is specified that the payment of the administrative fine does not however exempt from the obligation to submit to the region or province competent authority the declaration or copy of the energy performance certificate within 45 days.

Let's see in detail the provisions of article 9 of the legislative decree:

1. In article 6 of the legislative decree of 19 August 2005, n. 192, the following changes are made:

3. a) paragraph 3 is replaced by the following: '3. In real estate sales contracts, in deeds for the transfer of properties for consideration and in new rental contracts for buildings or individual real estate units subject to registration, a specific clause is inserted with which the buyer or tenant declares to have received the information and documentation, including the certificate, regarding the certification of the energy performance of the buildings; a copy of the energy performance certificate must also be attached to the contract, except in cases of rental of individual real estate units. In case of failure to declare or attach, if due, the parties are subject to the payment, jointly and in equal parts, of the administrative fine ranging from 3,000 euros to 18,000 euros; the sanction is from 1,000 euros to 4,000 euros for rental contracts of individual real estate units and, if the duration of the rental does not exceed three years, it is reduced by half. However, the payment of the administrative fine does not exempt you from the obligation to submit the declaration or copy of the energy performance certificate to the competent region or autonomous province within forty-five days. The Revenue Agency, on the basis of specific agreements within the framework of the Permanent Conference for relations between the State, the Regions and the autonomous Provinces of Trento and Bolzano, identifies, within the framework of the available information acquired with the registration in the information system of the contracts referred to in this paragraph, those relevant for the purposes of the sanctioning procedure referred to in law 24 November 1981, n. 689, and transmits them, electronically, to the competent region or autonomous province for ascertaining and contesting the violation';

1. b) in paragraph 5, after the words 'provided for by the regulations referred to in the decree of the President of the Republic of 16 April 2013, n. 74, and to the decree of the President of the Republic of 16 April 2013, n. 75', the following are inserted: 'and by the provisions of the decree referred to in article 4, paragraph 1-quater';

1. c) after paragraph 10, the following is added: '10-bis. When a technical building system is installed, replaced or improved, the overall energy performance of the modified part and, if applicable, of the entire modified system is analysed. The results are documented and transmitted to the owner of the building, so that they remain available and can be used for verifying compliance with the minimum requirements referred to in this decree and for issuing energy performance certificates. In such cases, where the provisions of paragraph 5 apply, a new energy performance certificate is issued;

1. d) in paragraph 12, letter b), after number 8) the following is inserted: '8-bis) the date of the mandatory inspection and the related report signed by the owner of the property or his delegate';

1. e) after paragraph 12, the following is added: '12-bis. The information system referred to in paragraph 12, letter d), allows the collection of data relating to the energy consumption of public and private buildings, measured or calculated, for which an energy performance certificate has been issued in accordance with this article.