Possibility to replace the energy certification of a building with ACE self-declaration of poor power quality (class G)

The possibility to replace the energy certification ACE with a self-declaration of the owner which expresses the energy of bad quality 'property is often the subject of debate. The law allows this possibility clearly with the 'Article 9 of the Guidelines for Energy Certification DM 26-06-2009.

14/09/2012 In response to the infringement procedure opened by the European Union, was issued a draft decree of the Ministry of Productive Activities which will be soon eliminated the possibility of using the self-certification in Class G.

14/12/2012 E 'was finally eliminated the possibility of self declaration in Class G. From now on every housing unit, even those particularly energy-intensive will be equipped with energy performance certificate

Article 9: Self-declaration of poor power quality

The text of the Act is as follows:

For buildings with floor area exceeding 1,000 square meters and solely for the purpose referred to in paragraph 1a (transfers for consideration), of 'Article 6 of Legislative Decree (Legislative Decree 192/05), while maintaining the guarantee of a correct information of the purchaser, the owner of the building, aware of poor power quality of the property, he may choose to comply with their legal obligations through a statement in which he states that:

- The building is energy class G;

- Costs for the building energy management are very high;

Within fifteen days from the date of issue of such declaration, the owner shall send a copy to the Region or Autonomous Province jurisdiction.

Times, forms and delivery to the Region

The 'self-declaration is valid only in the regions that follow the national law or in those where local law allows this simplification. The procedure consists in communicating the declaration of poor power quality to the offices of the region and give a copy to the notary on the day of the deed.

Interpretations

Self-certification in Class G and rentals: The application form is only available for transfers for consideration (Legislative Decree 192/05 art. 6, paragraph 1a), then the ACE is not a substitute for leases.

Self-certification in Class G and real estate listings: January 1, 2012 is required to provide the real estate ad for sale of a property of 'energy performance index. To calculate and obtain this value is essential to achieve the ACE (energy performance certificate). So you can not use the self-declaration for real estate listings.

Opinions on practice

Self-certification of the owner: the declaration of the property in Class G can be considered a simplification or 'unawareness of the utility of ACE in case of sale with a consequent devaluation of the most recent properties not in class G?

Often notaries refuse this possibility advising owners to draw up an ACE before the deed. The 'self-certification Class G allows cost savings before a property purchase but involves doubt and confusion in front of the city. Legislation is unclear and not fully accepted increases public distrust with respect to the whole field of energy saving in buildings

The real estate in Class G will be in the future more and more impaired than those in the upper class. Given that the ACE can have a maximum validity period of 10 years is advisable to draw up a certificate rather than presenting the self-declaration except that the property concerned is clearly and high energy consumption.

20/01/2013

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Translated via software

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Source:

Italian version of ReteArchitetti.it