EPB for common parts in the Flemish Region : what’s new in 2024?
18 Jan 2024
In accordance with the Flemish Energy Decree, building owners must possess a valid energy performance certificate for common parts (hereafter EPB CP), irrespective of the building’s purpose i.e. commercial or residential. The purpose of such a measure is to inform the residents and the owner about energy performance in common areas thereby encouraging energy efficiency improvements.
Different stages have been defined to progressively enforce this obligation.
As of 1 January 2022 (stage 1), residential buildings with at least fifteen housing units required an EPB CP for at least two residential building units.
As of 1 January 2023 (stage 2), residential buildings with at least five housing units required an EPB CP for at least two residential building units – not considered themselves as common parts.
January 2024 marks the beginning of the third stage: the requirement of an EPB CP for residential buildings with at least two residential housing units – not considered themselves as common parts require an EPB CP.
According to the Decree, the terms building units and common areas shall mean:
Building units: primarily defined as a residential or commercial unit with independent functionality and with private access that may be closed;
Common areas: these include the main structure of the building (roof, corridors, external walls, ground floor, windows, etc.), all parts of the building accessible to residents such as stairwells and collective installations (central heating installations, domestic hot water, communal lighting, and other shared facilities).
There is one significant deferral of obligation in the Decree: for new apartment buildings. In the case of new apartment buildings, an EPB CP is only required once the 10-year period, which commences on the date the environmental permit for urban acts or urban authorisation is obtained, has expired.
In practice, an energy expert issues the certificate for a 10-year period, after visiting the site. The certificate needs to be requested either by the association of co-owners or, in the absence thereof, by the building manager (also called the ‘syndic’).
Given the legislative developments in this field, do not hesitate to reach out to the PwC Legal Real Estate team to address any questions you may have.
François de Montpellier - Hervé Stanus - Ylenia Alonso Murciego
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