Energy Efficiency For Your Property? Act In Time!

In our blog of 13 February 2019, we reported to you about the required 'C label' taking effect for office buildings as from 1 January 2023, the consequences for owners and/or landlords and tenants, which measures should be taken, who is responsible for paying for these measures, and how compliance with the required C label can be enforced.

As we mentioned in our previous blog, the C-label requirement is only enforceable as from 2023. Nevertheless, it may be important for building owners to get started on sustainability now. Of course, in order to reduce the energy bill, but also because, for instance, the method by which the energy efficiency of property will be determined will change as per 1 July 2020. If one can obtain a C label before that date, using relatively limited measures, then that label will remain in effect for 10 years. After that date, energy efficiency will be assessed on the basis of the new determination method NTA 8800, which gives rise to the question of whether one will also be entitled to a C label under that regime. Further, it is conceivable that one will also be legally obligated to take energy-savings measures before 2023. In particular - and entirely separate from the coming C-label obligation - such an obligation can follow from Article 2.15 of the Activities (Environmental Management) Decree, which we will address in this blog.

Obligation to realise energy-saving measures

Article 2.15 of the Activities (Environmental Management) Decree obligates 'operators' of so-called type A and B establishments to implement all energy-saving measures which have a payback period of five years or less. Under certain circumstances, existing office buildings may also qualify as an 'establishment' as defined by the Activities Decree. For that matter, this also applies for other (commercial) properties, such as hotels and logistics companies.

If the relevant property is leased (out), the question arises whether the (costs of the) measures are to be borne by the landlord or the tenant. The answer to this question will depend on who can be considered to be the 'operator of the establishment', which in turn depends to an important extent on the content of the lease.

Information obligation for energy savings

For each establishment which falls under the above-mentioned energy-savings obligation, there existed an obligation, pursuant to Article 2.15, par. 2, of the Activities Decree, to submit no later than 1 July 2019 a report to the...