Update on new energy efficiency obligations for real estate located in the Flemish region
In January 2021 we reported on the new obligations that were expected to be imposed at the sale of or vesting of real estate rights on non-residential buildings in the Flemish region to reach certain energy efficiency performance levels within a certain period after the passing of the notarial deed.
On 9 July 2021, the Flemish Government adopted the implementing decision of this renovation obligation for non-residential buildings. This decision was published in the Belgian State Gazette on 10 August 2021 and the renovation obligation enters into force for notarial deeds passed as of 1 January 2022.
Renovation obligation for non-residential buildings
As of 1 January 2022, all non-residential buildings located in the Flemish region need to, in the event of the passing of a notarial deed of sale or of vesting of long-term lease or building right, within a time period of maximum five years as of the date of passing of the notarial deed, meet minimum energy performance levels with respect to:
- roof insulation;
- single glazing;
- central heat generators; and
- cooling systems.
In addition, small non-residential units (i.e. non-residential units with a usable surface area of maximum 500 m², in a non-residential complex with a usable surface of maximum 1,000 m² of which there is no non-residential unit of more than 500 m²), which are being transferred together as one non-residential complex pursuant to such notarial deed, will, as of 1 January 2022, need to acquire an energy performance certificate with a minimum energy performance label C within a maximum period of five years as of the date of the notarial deed. As an alternative to this additional obligation, it can also be opted to comply with the additional condition for large non-residential units (please see paragraph below).
As of 1 January 2023, large non-residential units (i.e. all non-residential units other than small non-residential units), which are being transferred together as one non-residential pursuant to such notarial deed, will in addition need to have a minimal 5% share of renewable energy within a period of five years as of the date of the notarial deed.
These obligations do not apply in the event that the non-residential buildings will be demolished within a period of five years as of the date of such notarial deed. Moreover, there are exceptions to certain obligations (among others concerning roof insulation and glazing) for non-residential buildings which are protected as monuments and/or landscapes.
Energy performance certificate (EPC) for non-residential buildings
As of 1 January 2025, large non-residential units must have a valid EPC for non-residential buildings at all times. An exception to this are building units with a floor area of up to 50 m² in an industrial or agricultural building.
Also, the EPC for public buildings is integrated into the EPC for non-residential buildings.
Our team will continue to monitor the further implementation of these new energy efficiency obligations in the Flemish region and is available to assist you with any (practical) questions you might have in this respect, in particular in the framework of Real Estate transactions and other contracts related to buildings in the Flemish Region.
Do not hesitate to contact the Real Estate team should you have any questions.
To read more, please see also our previous alert.