S.L. 623.1 Art. 10Nearly zero- energy buildings.

(1) The Building and Construction Authority shall establish a system to monitor and enforce that:

(a) by 31st December 2020 all new buildings are nearly zero-energy buildings; and

(b) new buildings occupied and owned by public authorities are nearly zero-energy buildings by 31st December 2018.

(1a) The competent authority shall ensure that public buildings at national, regional and local level serve as an exemplary role with regard to the share of renewable energy used, in accordance with these regulations and Article 6 of Directive (EU) 2023/1791.

(1b) The competent authority may allow that obligation to be fulfilled, inter alia, by providing for the roofs of public or mixed use private-public buildings to be used by third parties for installations that produce energy from renewable sources, including by coordinating with the Lands Authority in respect of buildings which are owned by the Government.

(2) The Building and Construction Authority, in collaboration, co-ordination with, and the participation of, the Building and Construction Authority, shall draw up national plans for the purpose of increasing the number of nearly zero-energy buildings. The national plans may include targets differentiated according to the category of building.

(3) The Board shall also develop policies and take measures such as the setting of targets in order to stimulate the transformation of buildings that are refurbished into nearly zero-energy buildings, and shall draw up reports including such measures and inform the Building and Construction Authority and the Commission about such reports. Upon notification of the reports, the Building and Construction Authority shall include the mentioned targets in the national plans as set out in regulation 24(2) of the Energy Efficiency and Cogeneration Regulations and inform the Commission about such targets.

(4) The national plans shall include, inter alia, the following elements:

(a) the detailed application, in accordance with the definition thereof, of nearly zero-energy buildings, reflecting the national conditions, and including a numerical indicator of 2 primary energy use expressed in kWh/m per year. Primary energy factors used for the determination of the primary energy use may be based on national yearly average values and may take into account relevant European standards;

(b) intermediate targets for improving the energy performance of new buildings, with a view to preparing the implementation of sub-regulation (2);

(c) information on the policies and financial or other measures adopted in the context of sub-regulations (2) and (3) for the promotion of nearly zero-energy buildings, including details of national requirements and measures concerning the use of energy from renewable sources in new buildings and existing buildings undergoing major renovation in the context of regulations 7, 8, 10, 11 and 17(5) of the Promotion of Energy from Renewable Sources Regulations.

(5) The competent authority shall introduce measures in its building codes and regulations and, where applicable, in support schemes, to increase the share of all kinds of energy from renewable sources in the building sector, in particular energy produced on-site or nearby. The Minister after consultation with the Building and Construction Authority Board may take into account, where applicable, national measures relating to substantial increases in renewables self-consumption, in local energy storage and energy efficiency, relating to cogeneration and major renovations which increase the number of nearly zero energy buildings and buildings that go beyond the minimum energy performance requirements provided for in regulation 5. These requirements shall apply to the Armed Forces only insofar as their application does not conflict with the nature and primary aims of military activities, and shall not apply to material used exclusively for military purposes.

(6) The competent authority in its building regulations and codes, or other competent authorities by other means having equivalent effect, shall require the use of minimum levels of energy from renewable sources in new buildings and in existing buildings that are subject to major renovation, insofar as this is technically, functionally and economically feasible, and reflecting the results of the cost-optimal calculation carried out pursuant to regulation 6,provided that this does not negatively affect indoor air quality.

(7) It shall be permitted for the minimum levels to be fulfilled, through efficient district heating and cooling systems inter alia, using a significant share of energy from renewable sources and waste heat and cold.