Implementation of the EPBD in Poland Status in ... - Concerted Action

Implementation of the EPBD in Poland Status in November 2010 Jerzy Sowa Warsaw University of Technology

Poland

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Introduction

Poland implemented the principles of the EPBD in 2007 and 2008. The changes to the Construction Act, approved by the Parliament on the 19th of September 2007, together with three Ministerial Ordinances published in November 2008, constitute the transposition of the EPBD into national law. The certification of buildings started in January 2009, and after the first experiences (in August 2009), the Parliament approved consecutive changes to the Construction Act. In December 2009, the Minister of Infrastructure signed a secondary legislation resulting from the changes to the Act. Currently, the Ministry is working on the analysis of the necessary changes resulting from both the recast of the EPBD and the negative opinions on the current system of certification. This report presents the current state of implementation of the EPBD in Poland (status in November 2010), as well as planned actions. The report addresses different aspects related to the EPBD, such as certification and inspection systems, including quality control mechanisms, training of Qualified Experts, information campaigns, incentives and subsidies.

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Certification

Certification of buildings The implementation of the EPBD in Poland is executed by the Ministry of Infrastructure, under the supervision of the Ministry of Economy. The legal framework of implementation is based on a national act (the Construction Act) and secondary legislation (accompanying Ministerial Ordinances). The implementation started on the 19th of September 2007, when the Polish Parliament accepted the changes to the Construction Act. The changes defined rules for the creation of an energy assessment and certification system for buildings, and for the inspection of energy efficiency of building systems. Also, delegations were established in order to prepare the secondary legislation. In 2008, based on the work of these delegations, the following regulations were prepared:

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› ›

› ›

An ordinance on the training and examination of experts requesting to have the authority to issue energy performance certificates for buildings, apartments and building parts constituting separate technical/functional areas. An ordinance on the methodology of energy performance calculations for whole buildings, separate apartments or building parts constituting separate technical/functional areas, along with the scope of and a template for energy performance certificates. An ordinance on amendments to the Ordinance of the Ministry of Infrastructure dating from the 12th of April 2002, on the technical criteria to be met by the buildings and their location. An ordinance on amendments to the Ordinance of the Minister of Infrastructure, dating from the 3rd of July 2003, on the detailed scope and form of buildings' design.

On the 27th of August 2009, the Parliament approved additional changes to the Construction Act. The goal of the changes was to eliminate identified legal mistakes in the implementation of the EPBD, and to introduce the code for experts issuing energy certificates for buildings. Additionally, the legal circumstances for suspending the obligation for energy certification of individual apartments in multifamily buildings were defined (in multifamily buildings with centralised heating system, the certificate may from then onwards be issued for a defined apartment representative of a group of apartments). The Energy Performance Certificate The Ordinance on the methodology of energy performance calculations and template of certificates defines the energy performance requirements (different for new and existing buildings) and the methodology for the energy assessment of buildings/apartments that quantifies the essential parameters needed for the preparation of the energy performance certificate, according to the results of a detailed assessment. Additionally, the Ordinance determines the scope of and a template for the energy performance certificate. The Ordinance on the methodology of energy performance calculations for whole buildings, separate apartments or building parts constituting separate technical/ functional areas, along with the scope of and a template for energy performance certificates, defines 4 types of certificates: › › › ›

Certificate of energy performance for residential buildings. Certificate of energy performance for other buildings (non-residential). Certificate of energy performance for apartments. Certificate of energy performance for building parts constituting separate technical/functional areas (non- residential).

All types of certificates are similar in form and contain: › ŚWIADECTWO CHARAKTERYSTYKI ENERGETYCZNEJ dla budynku mieszkalnego nr ………………..

›

Ważne do: Budynek oceniany: Rodzaj budynku

Adres budynku Całość/Część budynku Rok zakończenia budowy/rok oddania do użytkowania Rok budowy instalacji Liczba mieszkań 2 Powierzchnia użytkowa (Af, m ) Cel wykonania świadectwa

fotografia budynku

□ budynek nowy □ najem/sprzedaż

›

□ budynek istniejący □ rozbudowa

Obliczeniowe zapotrzebowanie na nieodnawialną energię pierwotną 1) EP - budynek oceniany 123,2 kWh/(m2rok)

›

  2)

2)

Wg wymagań WT2008 Wg wymagań WT2008 budynek nowy budynek przebudowany 2) Stwierdzenie dotrzymania wymagań wg WT2008 Zapotrzebowanie na energię pierwotną (EP) 2

Budynek oceniany

123,2

kWh/(m rok)

Budynek wg WT2008

130,0

kWh/(m rok)

Zapotrzebowanie na energię końcową (EK) Budynek oceniany

111

2

kWh/(m rok)

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1)

Charakterystyka energetyczna budynku określana jest na podstawie porównania jednostkowej ilości nieodnawialnej energii pierwotnej EP niezbędnej do zaspokojenia potrzeb energetycznych budynku w zakresie ogrzewania, chłodzenia, wentylacji i ciepłej wody użytkowej (efektywność całkowita) z odpowiednią wartością referencyjną. 2) Rozporządzenie Ministra Infrastruktury z dnia 12 kwietnia 2002 r. w sprawie warunków technicznych, jakim powinny odpowiadać budynki i ich usytuowanie (Dz. U. Nr 75, poz. 690, z późn. zm.), spełnienie warunków jest wymagane tylko dla budynku nowego lub przebudowanego. Uwaga: charakterystyka energetyczna określana jest dla warunków klimatycznych odniesienia – stacja …………………….. oraz dla normalnych warunków eksploatacji budynku podanych na str 2.

Sporządzający świadectwo: Imię i nazwisko:

Nr uprawnień budowlanych albo nr wpisu do rejestru: Data wystawienia:

Page 1: Basic information about the building; Calculated specific nonrenewable primary energy use; Energy Performance with information on reference buildings; Information on the expert issuing the certificate. Page 2: Technical characteristics of the building and its system; Calculations of energy performance: primary energy use, end-use energy and non-renewable primary energy. Page 3: Recommendations for possible improvements in the energy performance of the assessed building or apartment (building envelope, energy source and installations, lighting, reduction of calculated specific nonrenewable primary energy use). Page 4: Descriptions; Additional information.

Data

Pieczątka i podpis

The assessment procedure does not use energy classes. The results of the assessments are presented on a linear analogue scale (Figure 1- upper arrow). Two additional arrows (below the scale) indicate the energy performance for a building similar to the one assessed, assuming that only the minimal requirements are met (case one for a newly constructed building, and case two for a renovated building).

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The recommendation section contains only a short general description of potential improvements. As there is no standardised list of recommendations, the information provided in that section reflect the personal opinion of the expert issuing the certificate. The validity of energy certificates is 10 years.

ŚWIADECTWO CHARAKTERYSTYKI ENERGETYCZNEJ dla budynku mieszkalnego nr ………………..

Ważne do: Budynek oceniany: Rodzaj budynku

Adres budynku Całość/Część budynku Rok zakończenia budowy/rok oddania do użytkowania Rok budowy instalacji Liczba mieszkań 2 Powierzchnia użytkowa (Af, m ) Cel wykonania świadectwa

fotografia budynku

□ budynek nowy □ najem/sprzedaż

□ budynek istniejący □ rozbudowa

Obliczeniowe zapotrzebowanie na nieodnawialną energię pierwotną 1) EP - budynek oceniany 123,2 kWh/(m2rok)

  2)

2)

Wg wymagań WT2008 Wg wymagań WT2008 budynek nowy budynek przebudowany 2) Stwierdzenie dotrzymania wymagań wg WT2008 Zapotrzebowanie na energię pierwotną (EP) Budynek oceniany Budynek wg WT2008

123,2 130,0

2

kWh/(m rok)

Zapotrzebowanie na energię końcową (EK) Budynek oceniany

111

2

kWh/(m rok)

2

kWh/(m rok)

1)

Charakterystyka energetyczna budynku określana jest na podstawie porównania jednostkowej ilości nieodnawialnej energii pierwotnej EP niezbędnej do zaspokojenia potrzeb energetycznych budynku w zakresie ogrzewania, chłodzenia, wentylacji i ciepłej wody użytkowej (efektywność całkowita) z odpowiednią wartością referencyjną. 2) Rozporządzenie Ministra Infrastruktury z dnia 12 kwietnia 2002 r. w sprawie warunków technicznych, jakim powinny odpowiadać budynki i ich usytuowanie (Dz. U. Nr 75, poz. 690, z późn. zm.), spełnienie warunków jest wymagane tylko dla budynku nowego lub przebudowanego. Uwaga: charakterystyka energetyczna określana jest dla warunków klimatycznych odniesienia – stacja …………………….. oraz dla normalnych warunków eksploatacji budynku podanych na str 2.

Sporządzający świadectwo: Imię i nazwisko:

Nr uprawnień budowlanych albo nr wpisu do rejestru: Data wystawienia:

Data

Pieczątka i podpis

Fig. 1 – Cover page of the energy performance certificate (for residential buildings) New buildings and major renovations are subjected to a certification process on two stages: › ›

At the planning stage, where design assessment of buildings’ conformity with technical regulations is required. At the start of operation of newly erected building, the energy certificate is required by local building authorities.

For existing buildings, the energy certificate is required in case of transaction (renting, selling). The responsibility of having a certificate lies always with the building owner but, in practice, due to the lack of control and penalties, certificates are issued only when demanded by at least one party.

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In Poland, according to the article 63, paragraph 2, of the Construction Act, in public buildings dedicated to administration services or providing services for the general public, as e.g. railway stations, airports, museums, exhibition halls etc., the energy certificate should be placed where it is visible to the public. The calculation methodology is described in the building regulations, and includes heating, cooling and DHW needs, expressed in terms of primary energy. For nonresidential buildings, lighting and equipment consumption are also included in the calculation methodology. The assessment methodology is based on the monthly balance method as described in PN-ISO-EN 13790. However, the methodology contains some mistakes that have not yet been corrected: the certificates issued strictly using the methodology described in the secondary ordinance provide results with a huge error, and the assessed buildings do not meet requirements. In practice, experts correct the mistakes on their own, but such behaviour raises legal questions regarding the validity of the certificate. The Ministry is currently collecting opinions and plans to introduce changes with the transposition of the Recast of the EPBD. The cost of the certificate is set by the market. Observed prices started from ~ 50 € (simple single-family houses) to 750 € (public buildings). Quality assurance (QA) In Poland, no quality control procedures for energy performance certificates and energy experts were established. All potential conflicts between qualified experts and building owners will be solved at Court. The Construction Act (art. 5, paragraph 6) clearly states that an energy certificate containing false information is a “physical failure of product”, in the sense of Civil Law (Parliament Act dating from the 23rd of April 1964). The changes made in Polish legislation in 2009 introduced obligatory insurance from civil liability for qualified experts issuing energy certificates for buildings. On the 28th of December 2009, the Minister of Finance, acting in concert with the Minister of Infrastructure, signed the corresponding Ordinance, defining: › › ›

The detailed scope of obligatory insurance from legal liability related to issuing energy certificates for buildings. The date of the obligatory insurance (the day before the start of issuing energy certificates). The minimal sum insured (the minimal sum insured is 25,000 € per building).

Polish regulations do not provide for a national register of energy certificates for buildings. However, experts are obliged to archive copies of issued certificates for at least 10 years. So, there is no reliable information on the number of certificates issued so far. The Construction Act additionally defined the procedure for the suspension of the authorisation to issue energy certificates, as well as the procedure for the revocation of the authorisation. The authorisation is automatically suspended or revoked when an expert: › › ›

has been sentenced because of offences against property, documents, trade or economic credibility, etc., has lost civil rights, has been wholly or partially incapacitated.

Authorisation can also be suspended or revoked after investigation (performed under the supervision of the Minister responsible for housing) proving that the expert did not pay enough attention to requirements (e.g. produced certificates with mistakes or false information, worked without insurance from legal liability or did not archive copies of issued certificates for at least 10 years).

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3 > Inspections - Status of implementation Poland decided to adopt option A of the Article 8 of the EPBD, establishing a regular inspection of boilers. The general requirements about the frequency and scope of different inspections of buildings are regulated in the Construction Act – Article 62. The implementation of the EPBD resulted in new obligations for: ›

› ›

B Periodical inspections of boilers, including an assessment of the energy R efficiency of boilers and their sizing, compared to the heating needs I › at least once every 2 years for boilers fired by non-renewable liquid or solid fuel( of an effective rated output over 100 kW, › at least once every 4 years for boilers fired by non-renewable liquid or d solid fuela of an effective rated output of 20 kW to 100 kW, and gas-fired boilers. i l Periodical inspections of air-conditioning systems of an effective rated output y of more than 12 kW: this inspection shall include an assessment of the efficiency of m the devices and their size, compared to the cooling needs. A one-off inspection of heating installations for boilers of an effective rated a n than 20 kW which are older than 15 years: the inspection shall output of more a include an assessment of the boiler efficiency and sizing, compared to the g heating requirements of the building envelope. e

m Inspections of boilers, heating installations and air-conditioning systems can be e performed by engineers and technicians competent for supervising installation n works. t

In practice, energyt efficiency and other parameters of inspections introduced by the EPBD are not performed, as secondary legislation describing procedures and e a energy efficiency inspections has never been developed. methodologies for m Performed inspections of boilers, heating installations or A/C units take into account ) only safety aspects. 

T N O

4 > Qualified Experts ( d a i l qualified y for

Experts issuing energy performance certificates, according to the aforementioned Construction Act of the 19th of September 2007 (with changes dating from the 27th of August, 2009) are persons who fall into any one of the following m three categories: a ›

› ›

n

Persons competent for performing the design or supervision of works within the a specialisationg of architecture, construction of buildings or installations e engineers can acquire this competence after the required (architects and m practice and after passing the exam conducted by the Chamber of Engineers: in e case of competence for performing design, the minimal duration of practice is 2 n years in a designing office, and 1 year on site; in case of competence for t performing supervision of works, the minimal duration of practice is 2 years on site). t e Persons who have completed a specialised training course and passed the exam a responsible for construction, spatial planning and housing, at the Ministry m Persons who have completed at least one year of postgraduate studies in ) architecture, construction, environmental engineering, energy, or similar, e.g.,  within the scope of energy auditing for thermo-modernisation or energy C certification purposes. E T

Irrespectively of the option, the basic requirement for a qualified expert is the I completion of, atA least, engineering studies in architecture, civil engineering or environmental engineering, or having a M.Sc. degree or equivalent in other T disciplines. 



C S T B I

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Central register of engineers possessing competence for performing design or supervision of works who, as a result, can issue energy certificates of buildings, can be accessed at http://www.piib.org.pl /index.php/listaczsonkopmenu-45

In order to create the conditions for the setup of adequate training, on the 21st of January 2008, the Minister of Infrastructure signed the Ordinance on the scope of training and examination for experts wishing to be qualified to issue energy performance certificates for buildings, apartments and building parts constituting separate technical/functional areas. According to the Ordinance, there are no specific requirements for entities offering training courses. Conversely, the scope of training, the method of training, the form of certificate, together with training fees, are subject to regulation. The scope of training is described in detail in the annex to the Ordinance. Up to September 2010, 56 postgraduate courses for future energy experts have been launched at Technical Universities. Between January 2009 and September 2010, over 7,000 persons were certified as qualified experts after passing the ministerial exams or completing postgraduate studies approved by the Ministry. These experts are included in a central register of experts (access possible through the webpage of the Ministry of Infrastructure, on page 1 of this report). At the same time, the number of engineers that acquired the permit to issue the energy certificates of buildings due to their competence for performing design or supervision of works is estimated at approximately 100,000. They are not included in the central register, but in registers operated by the Chamber of Engineers. No information about the percentage of engineers active in the field of certification is available.

5 > National Information and Communication Campaigns

An information campaign concerning the EPBD started in June 2005. The campaign, under the auspices of the Ministry of Infrastructure, was organised within the scope of the educational and information programme „Dom przyjazny” (Friendly house). The programme was aimed at facility managers and building owners. In the years 2005-2007, two information leaflets on the benefits and obligations deriving from the Directive's implementation have been prepared and published. Publications can be downloaded from the site www.domprzyjazny.org

Figure 2 – Brochures issued for the campaign “Dom przyjazny”. In 2008, the Ministry suspended the works on the promotion of the EPBD (preparation of brochures, posters, TV spots, www information platform, international conference, etc.). The Ministry also stopped supporting the “Dom przyjazny” programme.

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Since September 2010, information about EPBD can be obtained from an information brochure addressed to those wishing to buy or rent a house or apartment, and to those interested in working as qualified experts. Additional information is placed on the Ministry webpage, where readers can find the following data: › › › ›

Central register of qualified experts Climatic data for Poland Examination procedure Frequently asked questions (FAQ).

The webpage of the Ministry contains the folder “Świadectwa energetyczne” (Energy certificates):

Folder related to energy certification of buildings

http://www.mi.gov. pl/248240e6fcf427.htm

Figure 3 – The folder “Świadectwa energetyczne” (Energy certificates) at the Ministry of Infrastructure webpage.

Figure 4 – The front page of the official brochure related to the EPBD, published by the Ministry of Infrastructure.

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6 > National incentives and subsidies Poland did not introduce any incentives or subsidies directly related to the implementation of the EPBD and the energy certification of buildings. However, owners of buildings desiring modernisation may apply for subsidies within the context of two programmes: › ›

Overhaul and Thermo-Modernisation Fund (from 1998). Thermo-modernisation of public buildings (from 2001).

The methodologies for the energy performance of buildings used in these programmes are different from the methodology used for the energy certification of buildings. The Thermo-Modernisation Fund, created on the basis of provisions of the ThermoModernisation Act, dating from 1998 (full name: “Act on Support for ThermoModernisation Investment in Buildings”), covers the rules for providing investors (building owners or administrators) with financial support, in the form of a premium which can cover up to 25% of a credit loan granted for the realisation of thermal modernisation investments. The premium is paid to the crediting bank directly from the premium fund, as a repayment of part of the credit instalment, just after all the modernisation work is completed. The replacement of a conventional heating system by another using renewable energy sources is also included in the scope of the investments described by the Law. The scheme is available to all investors, such as owners or administrators of buildings, local heat providers and local heat distribution networks. Support from the Thermo-Modernisation Fund has been available for public buildings from the 1st of January 2001. To be eligible, projects should fulfil technical (minimum energy savings in physical terms) and financial criteria. The thermo-modernisation investment projects should cause: ›

›

›

Reduction of consumption of energy supplied for heating and domestic hot water purposes in all types of residential buildings, as well as in buildings used by municipal entities for purposes of public service (schools, kindergartens, hospitals, etc.). Reduction of heat losses in local distribution networks and local heat sources, with maximum capacity of 11.6 MW of thermal power, if efforts have been undertaken in order to reduce consumption of energy in the buildings supplied, or when those buildings meet the adequate energy efficiency requirements; Total or partial replacement of conventional energy sources with nonconventional ones, including renewable.

The eligible projects are as follows: ›

› ›

Improvement resulting in the reduction of the annual energy consumption for heating and hot water purposes: › in buildings where only the heating system is modernised – by at least 10% › in buildings where the heating system has been already modernised – by at least 15% › in other buildings - by at least 25% Improvement resulting in the reduction of annual primary energy losses in local heat sources and local distribution networks - by at least 25%. Installation of technical couplings to the centralised heat sources in connection to bringing out of service the local source of heat, aimed at the reduction of costs of purchase of heat supplied to buildings - by at least 20% per annum.

The thermal-modernisation process is as follows: › › › › › › ›

issuing an energy audit, loan application, approval of loan and obtaining the thermo-modernisation premium, designing, construction permit, performing, verification of the design conformity with the audit.

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The energy audit is required to prove technical and economic evaluation. Submission of the energy audit is obligatory; it is also a basic condition in order to apply for a support (premium) from the Thermo-Modernisation Fund. The Act, through its ordinances, precisely describes the standard of the energy audit, and delivers calculation methods (Journal of Laws 2002, No 12, item 114, Decree on „Scope and form of energy audit”). In particular, the energy audit report shall contain: › › › › › ›

Identifying data of the building, local heat source, local heat distribution network and its proprietor. An appraisal of the technical condition of the building, the local heat source and the local heat distribution network. Description of all possible options for the completion of the thermalmodernisation project. Economic analysis of possible measures. Identification of an optimum option and scope of the thermal-modernisation project. Detailed description of the optimum option.

All audits delivered to the commercial banks and then to the Bank of National Economy (BGK) as a basis for applying for the premium granting, are verified by independent institutions. The issue is determined by the Decree on “Verification of energy audit” (Journal of Laws 2002, No. 12, item 115) Beside the two above mentioned financial instruments, there is a third one, introduced in 2010, granting a 40% non-refundable support for investment in solar collectors for hot water preparation, eligible for existing buildings.

7 > Impact of the EPBD at national level

Evolution of minimum quality requirements in building regulations The new regulations introduced due to implementation of the EPBD are expressed in both a prescriptive (U – value) and a performance way (primary energy expressed in kWh/(m2·year)). An expert can choose the way to prove that the building is fulfilling the requirements. Unluckily, it is difficult to directly compare new requirements with requirements that have been set before the EPBD. Previously, performance requirements (used energy, not primary energy) were defined only for multi-residential buildings. Moreover, the performance requirements had been expressed in terms of kWh/(m3·year). In older requirements, for both non-residential and single-family buildings, only the prescriptive requirements had been defined. Table 1. Permissible values of heat transfer coefficients U from 2002 to present. Year

External wall

Floor roof

Floors over unheated and closed under-floor spaces

Floor and floorroofs under unheated attics

Windows

External Doors

2002 values (publication of the EPBD)

0.30 - 0.50

0.30

0.60

0.30

2.00 - 2.60

2.60

2008 values (transposition of the EPBD)

0.30

0.25

0.45

0.25

1.70 - 1.80

2.60

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Thus, the comparative table presented above has been recalculated to a common basis. This shows the insignificant differences between the new and the old requirements. Other impacts The EPBD, as implemented in Poland, did not seriously affect the building market. However, it has generated some very important additional impacts. First of all, the EPBD has awakened awareness on energy efficiency issues among professionals. During the last few years, many papers related to different aspects of energy efficiency were published in technical and scientific journals. Scientists prepared several proposals on the methodology for the energy assessment of buildings. Vital discussions on the variety of the proposed solutions activated research on that field in Poland. Many Technical Universities introduced courses on energy efficiency in buildings to curricula of regular studies, and prepared additional postgraduate courses related to the energy certification of buildings.

8 > Conclusions and future planning

The regulations regarding the implementation of the EPBD in Poland have not been amended so far in terms of correction of mistakes in the original texts. The Ministry is currently collecting opinions and will introduce them along with the transposition of the Recast of EPBD. Moreover, the Recast is expected to be challenging, and a lot of effort will be needed for its implementation. During the effort of transposition of the EPBD, different options of calculation were discussed countrywide. Therefore, in spite of the final decision about using the monthly balance method, adequate “infrastructure”/climate data have been prepared for accommodating a future implementation of the simplified hourly method, as described in PN-EN-ISO 13790. As no decision has been made regarding the national calculation software, few companies provide tools for calculation and certification. One of them is using an internet engine, together with a database of issued certificates. They report that over 60,000 certificates were issued till the middle of 2010. Unfortunately, there is no validation procedure for the software. Concluding, such a situation provides great opportunities for future work towards the transposition of the EPBD Recast.

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This report is funded by the Community’s Intelligent Energy Europe programme under the contract IEE/CA/07/333

The sole responsibility for the content of this publication lies with the authors. It does not necessarily reflect the official opinion of the EACI, the European Commission or other European Institutions. Neither the EACI, nor the European Commission nor any other European Institutions are responsible for any use that may be made of the information contained herein. The content is given for information purposes only and does not legally bind any of the parties involved. © European Union, 2011 More details on the IEE Programme can be found at www.ec.europa.eu/intelligentenergy This report can be downloaded from www.epbd-ca.eu and also from www.buildup.eu

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