ORDER OF THE GOVERNMENT REPUBLIC OF MOLDOVA

of September 11, 2024 No. 621

About approval of the Regulations on the procedure of certification of energy efficiency of buildings and sections of buildings

Based on Item 4) parts (1) article 5 of the Law No. 282/2023 on energy efficiency of buildings (The official monitor of the Republic of Moldova, 2023, Art. No. 401-403, 695) DECIDES: the Government

1. Approve Regulations on the procedure of certification of energy efficiency of buildings and sections of buildings it (is applied).

2. To impose control over the implementation of this resolution on the Department of Energy and the Ministry of infrastructure and regional development.

3. Declare invalid the Order of the Government No. 896/2016 about approval of the Regulations on the procedure of certification of energy efficiency of buildings and their sections (The official monitor of the Republic of Moldova, 2016, Art. No. 232-244, 975), with subsequent changes.

4. To provide to the central industry body of public management in the field of power in three-months time carrying out the analysis of impact on the public sector and the planned structural reform from the point of view of the functions and powers assigned to administrative authority with functions of technical supervision and control based on the Law No. 282/2023 on energy efficiency of buildings according to the methodology approved by the Government.

5. After carrying out the analysis of impact according to item 4 to provide to the central industry body of public management in the field of construction modification of the Regulations on the organization and functioning of National inspectorate for technical supervision approved by the Order of the Government No. 391/2023, according to provisions of the Law No. 282/2023 on energy efficiency of buildings.

6. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova, except for Chapter VI provisions which become effective after 6 months from the date of its publication.

  

Countersign: Minister of Energy

Victor Parlikov

Minister of infrastructure and regional development

Andrey Spynu

Approved by the Order of the Government of the Republic of Moldova of September 11, 2024 No. 621

Regulations on the procedure of certification of energy efficiency of buildings and sections of buildings

Chapter I General provisions

1. The regulations on the procedure of certification of energy efficiency of buildings and sections of buildings (further – the Provision) establish specific requirements and the procedure of certification of energy efficiency of buildings and sections of buildings, including procedure for execution of certificates of energy efficiency, specific requirements to maintaining the Electronic register of certificates of energy efficiency and order of registration of certificates of energy efficiency, and also specific requirements for informing potential buyers or employers of the building or section of the building.

2. For the purposes of this provision concepts which definition is given in the Law No. 282/2023 on energy efficiency of buildings (further – the Law No. 282/2023), and also concepts determined as follows are applied:

2.1. certification of energy efficiency of the building or section of the building (further – certification of energy efficiency of the building) – process of assessment of level of energy efficiency of the building or section of the building in standard conditions of its operation which is performed according to provisions of methodology of calculation of energy efficiency of buildings;

2.2. the building or section of the building offered for sale or which are handed over in property employment – the building or section of the building concerning which the owner of the building or section of the building for the first time announced or reported in a different way (in any form and by means of any means) to the public or part of the public that it is offered or can be offered to sale or property hiring;

2.3. the potential buyer or the employer – physical person or legal entity, which:

2.3.1. requests from the owner of the building or section of the building information on the building or section of the building for the purpose of decision making about acquisition or about hiring of this building or section of the building; or

2.3.2. petitions for visit of the building or section of the building for the purpose of decision making about his / her acquisition or hiring; or

2.3.3. makes the written or oral proposal on acquisition or hiring of the building or section of the building.

3. For the purposes of this provision the concept "building" means also sections of the building and future building, the concept "building section" is meant also by "new section of the building", the concept "owner of the building" means also any his legal representative, and the concept "certificate of energy efficiency" means also "the preliminary certificate of energy efficiency", except cases when other is accurately provided in the Provision.

4. Certification of energy efficiency of buildings is obligatory for:

4.1. future buildings and new sections of buildings;

4.2. the existing buildings and sections of buildings which are subject to capital repairs;

4.3. the existing buildings and sections of buildings which are offered for sale or are given in property employment;

4.4. the existing public buildings the total usable space more than 250 sq.m;

4.5. the existing public buildings and sections of buildings which have certificate of energy efficiency and to whom changes (reconstruction, expansions, upgrade) which significantly affected their energy efficiency were carried out.

5. Transactions which in subitem 4.3 sense are also considered as sale of the building or its delivery in property employment are:

5.1. sale or delivery in property employment of share in the building in case the share corresponds to the total usable space of 50 sq.m or more;

5.2. delivery of the building in the property sublease.

6. Transactions which in sense of subitem 4.3 are not considered as sale of the building or its delivery in property employment are:

6.1. forced sale or delivery in property employment;

6.2. renewal or prolongation of the existing agreement of property hiring if there is no change of the employer;

6.3. delivery in property employment of office housing, temporary accommodation, housing with special status (legal) and social housing.

7. Certifications of energy efficiency are not subject:

7.1. the buildings protected according to the Law No. 1530/1993 on protection of monuments and included in the register of local or national monuments in that measure in what observance of certain requirements of energy efficiency could change their historical value in inadmissible degree, nature or appearance, and impossibility of observance of certain requirements to energy efficiency is proved and confirmed by owners of the building based on regulating documents in the field of construction;

7.2. the buildings used as objects of church service or for other activities of religious nature;

7.3. shoddy constructions, industrial platforms, masterful, uninhabited agricultural buildings with low energy consumption;

7.4. residential buildings which are used or are held for use less than four months within year, or less than 25 percent of amount which would be consumed as a result of their use during the whole year are held for use during the annual period limited on time and with the predicted energy consumption;

7.5. separate buildings total usable space less than 50 sq.m;

7.6. the buildings intended for national defense, except for individual houses or office buildings of the central industry body of public management in the field of defense or administrative authorities or public organizations subordinated to it;

7.7. other categories of buildings with particular treatment which are regulated by special regulations and concerning which observance of requirements of this provision is impossible for the reasonable reasons, stipulated by the legislation;

7.8. the existing buildings which owners documentary confirm that they are subject to reconstruction, expansion, upgrade or partial or complete demolition and the potential buyer or the employer intends to reconstruct them, to expand, modernize or to take down fully or partially.

8. The documentary confirmation specified in subitem 7. 8, it can be performed by one of the following documents issued on the respective building:

8.1. the town-planning certificate for designing of works on reconstruction, expansion or upgrade;

8.2. the construction license – for performance of works on reconstruction, expansion or upgrade;

8.3. permission to demolition – for performance of works on partial or complete demolition.

9. The obligation provided in Item 4, is applied to the following categories of the residential and non-residential, public and private, future and existing buildings, and also to the following sections of buildings:

9.1. individual houses (one-apartment buildings of different types: individual houses, townhouses, duplexes);

9.2. apartment apartment houses;

9.3. office buildings;

9.4. buildings of educational institutions;

9.5. buildings of medical institutions;

9.6. hotels;

9.7. restaurants and cafe;

9.8. buildings of sports appointment;

9.9. buildings for rendering services of wholesale and retail trade;

9.10. other types of energy-requiring buildings, including the mixed appointment, except for the buildings specified in Item 7.

Chapter II Certification process of energy efficiency of buildings

Section 1 General requirements

10. Certification of energy efficiency of the building is performed based on the agreement of rendering services signed between the owner of the building and the price which is subject to payment by the owner of the building is determined by the company which hired one or several energy appraisers and randomly, by agreement of the parties, depending on complexity of the rendered service.

11. Certification of energy efficiency of buildings is performed by the expert energy valuers registered in the Electronic register of energy appraisers according to the Regulations on qualification and registration of energy appraisers, inspectors of systems of heating and inspectors of systems of ventilation and air conditioning approved by the Order of the Government No. 622/2024.

12. The certification process of energy efficiency of the building shall be:

12.1. complete – for the correct determination of condition of the building which is subject to certification of energy efficiency;

12.2. representative – for collection of reliable and relevant data;

12.3. traced – for tracking of origin and data processing.

13. The certification process of energy efficiency of the building includes the following main stages:

13.1. preliminary meeting;

13.2. fact-finding meeting;

13.3. data collection;

13.4. inspection of the building;

13.5. data analysis;

13.6. execution of the certificate of energy efficiency;

13.7. final meeting.

14. The certification process of future energy efficiency includes the stages provided in Item 13, except for of the stage specified in subitem 13. 4, which in case of future buildings is not applied.

15. In case of certification of future energy efficiency of action during the stages provided in Item 13, are adjusted by the energy appraiser together with the owner of the building proceeding from specifics of certification process of energy efficiency of future buildings and come down only to those actions which can be held concerning future building.

Section 2 Preliminary meeting

16. Within the preliminary meeting the energy appraiser and the owner of the building agree about the following:

16.1. about the subject certification of energy efficiency the building;

16.2. about the purpose of certification of energy efficiency of the building;

16.3. about data which shall be collected by the owner of the building prior to certification of energy efficiency of the building, including about availability, reality and format of these data;

16.4. about the planned measurements, estimates and/or inspection checks which shall be carried out to time of certification of energy efficiency of the building (in case of the existing building);

16.5. about time which is necessary for completion of certification of energy efficiency of the building;

16.6. about obligations concerning time and other resources from the owner of the building;

16.7. about the cost of service and other terms of the contract concerning rendering service in certification of energy efficiency of the building.

17. During the preliminary meeting the energy appraiser requests the following data from the owner of the building:

17.1. about context of certification of energy efficiency of the building – availability of plans or projects of change, capital repairs or demolition of the building or other plans which can influence certification of energy efficiency of the building;

17.2. about any available opinions, the ideas and restrictions on potential recommendations about improvement of energy efficiency of the building;

17.3. in case of the existing building – about changes which happened in the building in comparison with its initial characteristics provided in the project documentation and are capable to affect its energy efficiency;

17.4. in case of future building – about allowing documents (the town-planning certificate, the construction license) which were issued on this building.

18. Within the preliminary meeting the energy appraiser informs the owner of the building on any conflict of interest or any other situation which can affect impartiality of the energy appraiser as it is determined in article 332 of the Law No. 282/2023.

19. The energy appraiser constitutes and signs the declaration on impartiality according to part provisions (1) article 36 of the Law No. 282/2023.

20. As a result of preliminary meeting the owner of the building concludes with the company which hired one or several energy appraisers, the service provision agreement on certification of energy efficiency of the building.

21. The company which hired one or several energy appraisers refuses the conclusion of the service provision agreement on certification of future energy efficiency in case this about future building, provided by his owner, contradict the data specified in allowing documents (the town-planning certificate, the construction license) which were issued on this building or the building was constructed with violations of provisions of allowing documents (the town-planning certificate, the construction license) which were issued on this building.

Section 3 Fact-finding meeting

22. The purpose of holding fact-finding meeting is informing the owner of the building and other concerned parties about the purposes of certification of energy efficiency of the building and approval of the practical measures necessary for carrying out this process.

23. The fact-finding meeting can be organized also in format of phone calls, webinars and other remote interactive conversations.

24. During the fact-finding meeting the energy appraiser asks the owner of the building:

24.1. designate the responsible person who will be helped if necessary by other corresponding specialists and who will keep in contact with the energy appraiser;

24.2. inform parties concerned on the course of certification of energy efficiency of the building and about any arising with respect thereto requirements;

24.3. provide cooperation between parties concerned;

24.4. acquaint with any unusual conditions, technical works or other actions which will arise and happen in building energy efficiency certification process (in case of the existing building).

25. During the fact-finding meeting the energy appraiser together with the owner of the building determine the following:

25.1. methods of access for the energy appraiser, and also its personnel to the building and, proceeding from circumstances, to its rooms;

25.2. rules of protection and safety, including zone of limited access and potential hazards and risks for health;

25.3. data which the owner of the building shall provide;

25.4. confidentiality agreements;

25.5. the schedule of exit visits including whether they will happen in working hours or overtime;

25.6. level of participation of users of the building, proceeding from circumstances.

26. The energy appraiser describes to the owner of the building processes, means and the program of certification of energy efficiency of the building.

Section 4 Data collection

27. The energy appraiser together with the owner of the building collect, in the presence, the following data necessary for certification of energy efficiency of the building:

27.1. necessary information for identification of the building:

27.1.1. postal address;

27.1.2. purpose of the building;

27.1.3. cadastral number;

27.1.4. video images / photos of the building;

27.1.5. the other information provided in methodology of calculation of energy efficiency of buildings;

27.2. detailed technical characteristics of the building, including:

27.2.1. physical condition of the building;

27.2.2. the conditioned spaces (zones);

27.2.3. data on construction materials of which the building is built;

27.2.4. data on locking elements of the protecting structures of the building;

27.2.5. the buildings this about technical systems and the zones serviced by them;

27.2.6. other information which is necessary for certification of energy efficiency of the building and follows from methodology of calculation of energy efficiency of buildings;

27.3. the available project, operational documentation and documentation on maintenance, namely:

27.3.1. building plans with indication of the heated, cooled, ventilated rooms or zones;

27.3.2. schemes of technical systems of the building with indication of zones of heating systems, chillings, ventilation if those are;

27.3.3. technical data sheet of construction and other information and technical documentation which are necessary for certification of energy efficiency of the building and follow from methodology of calculation of energy efficiency of buildings;

27.4. the previous certificates of energy efficiency and/or energy audits if those are;

27.5. the operating energy rates and other up-to-date economic data which will be used in case of assessment of economic feasibility of recommendations about increase in energy efficiency of the building.

28. The energy appraiser solves, allow him or not amount and quality of the data provided by the owner of the building to continue building energy efficiency certification process.

29. In case of lack of certain data the owner of the building in addition represents missing data or can agree to promotion by the energy appraiser of working assumptions which shall be accurately disaggregated and proved and approved with the owner of the building.

30. The energy appraiser chooses building elements which shall be checked during inspection of the building, depending on category and technical condition of the building.

31. The energy appraiser considers collected information regarding the sequence and compliance.

32. In case of lack of the requested data or if after review process they are recognized incomplete or inexact, the energy appraiser determines method of receipt of necessary information (by measurements, estimates and surveys).

33. If the bigger amount of information is necessary, the energy appraiser plans further data collection and carrying out measurements during inspection of the building.

34. The owner of the building bears responsibility for accuracy of the data about the building, provided to the energy appraiser for the purpose of certification of energy efficiency of the building.

Section 5 Inspection of the Building

35. The energy appraiser inspects the building which is subject to certification of energy efficiency, except for case of certification of future energy efficiency of future building.

36. During inspection of the building the energy appraiser:

36.1. inspects the building which is subject to certification of energy efficiency, including comparing data with information provided by the owner of the building;

36.2. reveals and specifies zones and elements of the building concerning which additional data for carrying out the subsequent analysis are required;

36.3. states the preliminary ideas about measures for increase in energy efficiency of the building and the existing limits and restrictions on potential steps for increase in energy efficiency;

36.4. makes sure that measurements and observations are carried out with high coefficient of reliability and in situations which are representative for functioning of the building in standard conditions;

36.5. quickly informs the owner of the building on any unexpected difficulties which meet during survey of the building;

36.6. in details documents (by means of acts, photos / videos, creation of schemes and other corresponding methods) results of inspection of the building so that traceability of data, possibility of verification of initial data and the certificate of energy efficiency of the building, and also possibility of further recovery, in case of need, of results of assessment of energy efficiency of the building was provided.

37. During inspection of the building the energy appraiser asks the owner of the building:

37.1. provide for it access to the building which is subject to certification of energy efficiency;

37.2. designate one or several persons, proceeding from circumstances, for accomplishment of function of the guide and the accompanying energy appraiser and, proceeding from circumstances, its personnel during inspection of the building; these persons shall have necessary competences and powers for implementation of direct transactions concerning processes and the equipment, in case of need;

37.3. resolve it access to sketches, managements and other important technical documents on installation of technical systems and the equipment, and also to results of the carried-out testing on the admission to operation.

38. In case access for survey of sections of the building is impossible or integrated to high risk level for health or life, the energy appraiser can constitute estimative forecasts concerning characteristics of these sections of the building proceeding from useful life and building image. The energy appraiser shall not assume excess risks under inspectorate of the building.

Section 6 Execution of the Certificate of Energy Efficiency

39. At this stage the energy appraiser:

39.1. estimates reliability of the data provided by the owner of the building and reveals omissions or violations;

39.2. estimates energy efficiency of the building which is subject to certification, using the methodology of calculation of energy efficiency of buildings approved by the central industry body of public management in the field of construction;

39.3. draws up the certificate of energy efficiency of the building.

40. As a result of building energy efficiency assessment the energy appraiser determines measures for increase in energy efficiency of the building on basis:

40.1. useful life of the building and technical systems and their condition, method of their operation and maintenance;

40.2. technologies of the systems which are available in the building and the equipment in comparison with the best of available technologies;

40.3. current level of the equipment;

40.4. technical and economic feasibility of measures for increase in energy efficiency of the building.

41. The energy appraiser takes into account any restrictions which are required according to regulations or restrictions of other nature on potential recommendations about increase in energy efficiency of the building.

Section 7 Final meeting

42. Upon termination of building energy efficiency certification process the energy appraiser:

42.1. represents results of certification of energy efficiency of the building in the available form including simplifying acceptance by the owner of the building of the decision on implementation of measures for increase in energy efficiency of the building;

42.2. confirms and comments on results of certification of energy efficiency of the building;

42.3. transfers the certificate of energy efficiency of the building to the owner of the building.

43. In case of representation to the owner of the building of results of certification of energy efficiency of the building the energy appraiser:

43.1. makes sure that the requirements to certification of energy efficiency of the building approved with the owner of the building were fulfilled;

43.2. makes sure that the certificate of energy efficiency of the building is drawn up according to the provided requirements, before its representation to the owner of the building;

43.3. briefly states what proper measures, estimates and inspections were performed during certification of energy efficiency of the building, providing the comment in the relation:

43.3.1. solvency and qualities of data;

43.3.2. reasons for need of carrying out measurements, estimates and inspections and degree in which they promoted certification of energy efficiency of the building;

43.3.3. difficulties which met in case of data collection and inspection of the building;

43.3.4. results of certification of energy efficiency of the building, including proposed measures on increase in energy efficiency of the building.

Chapter III Procedure for registration, registration and storage of certificates of energy efficiency of buildings

Section 1 Execution of Certificates of Energy Efficiency

44. The certificate of energy efficiency of the building is drawn up with use of national information subsystem in the field of energy efficiency of buildings as a part of the National information system in the field of energy efficiency, according to part (4) Article 8

Law No. 282/2023.

45. Form and content of the certificate of energy efficiency of the building, and also the valuation report of energy efficiency of the building are determined by the central industry body of public management in the field of construction in methodology of calculation of energy efficiency of buildings, according to Item and) parts (1) article 7 of the Law No. 282/2023.

Section 2 Registration of Certificates of Energy Efficiency

46. Upon completion of registration the certificate of energy efficiency of the building, including the valuation report of energy efficiency of the building, are signed in electronic format by the energy appraiser on behalf of the company which rendered service in certification of energy efficiency of the building, remains automatically, registered and stored in the Electronic register of certificates of energy efficiency.

47. In case of assessment of future energy efficiency of future building in case of registration of the certificate of energy efficiency the mark "preliminary certificate" is added.

48. The preliminary certificate of energy efficiency is automatically replaced with the certificate of energy efficiency which is drawn up afterwards on the same building.

49. When preserving the certificate of energy efficiency unique registration number which can be generated only after the certificate was kept and registered in the Electronic register of certificates of energy efficiency is automatically assigned to it.

50. The certificate of energy efficiency is valid only after registration in the Electronic register of certificates of energy efficiency.

51. After registration of the certificate of energy efficiency in the Electronic register of certificates of energy efficiency it cannot be changed or removed.

52. In case of detection of mistakes in the certificate of energy efficiency registered in the Electronic register of certificates of energy efficiency the new certificate of energy efficiency with replacement of the wrong certificate of energy efficiency can be drawn up.

53. After registration the certificate of energy efficiency of the building is printed out on paper.

54. The energy appraiser reports to the owner of the building one printed copy and the electronic version of the certificate of energy efficiency of the building.

Section 3 Storage of Certificates of Energy Efficiency

55. The certificate of energy efficiency is issued and keeps the action within 10 years if for this period it is not replaced with other certificate of energy efficiency in the cases provided in this Provision

56. The certificates of energy efficiency and the related data entered in the Electronic register of certificates of energy efficiency are stored within 20 years.

57. In one copy the certificate of energy efficiency which is printed out on paper it is stored at the energy appraiser who drew up it, at the company which carried out certification of energy efficiency of the building, and the owner has buildings during all term of its action.

58. If in the Electronic register of certificates of energy efficiency several certificates of energy efficiency on one building are registered, the latest certificate of energy efficiency is valid.

59. If the certificate of energy efficiency of the building is lost by the owner of the building or became unsuitable to use, the owner of the building submits the application for repeated issue of copy of the certificate of energy efficiency to the company which carried out certification of energy efficiency of the building, or to public organization "National Center for Steady Energy".

60. The company which carried out certification of energy efficiency of the building or the National center for steady energy transfers to the owner of the building the electronic version of the certificate of energy efficiency from the Electronic register of certificates of energy efficiency.

Chapter IV Procedure for informing potential buyers or employers on energy efficiency of buildings

61. In case of sale of the building or section of the building or its delivery in property employment to its construction, the seller or the lessor shall show to the buyer or the employer the preliminary certificate of energy efficiency of the building or section of the building, including by its publication in announcements of sale or delivery of the building in property employment.

62. After commissioning of the building or section of the building the seller shall no later than the document creation moment about alienation of the building or section of the building to hand to the buyer the certificate of energy efficiency in printing and electronic format.

63. After commissioning of the building or section of the building the lessor shall no later than the document creation moment about transfer to use of the building or sections of the building to hand to the employer the copy of the certificate of energy efficiency.

64. In case of sale of the building or section of the building the owner shall provide to the potential buyer the certificate of energy efficiency, including by its publication in announcements of sale.

65. After the conclusion of the purchase and sale agreement the owner shall hand to the buyer the appropriate certificate of energy efficiency in printing and electronic format.

66. In case of delivery of the building or section of the building in property employment the lessor shall provide to the potential employer the certificate of energy efficiency, including by its publication in announcements of delivery to property employment.

67. After the conclusion of the agreement on property hiring the lessor shall hand to the employer the copy of the appropriate certificate of energy efficiency.

Chapter V Publication of certificates of energy efficiency

68. In case of sale or delivery in property employment of the building or section of the building the seller or the lessor shall specify in all types of the advertizing placed for this purpose information on the indicators of energy efficiency specified in the issued certificate of energy efficiency or, in case of sale or property hiring of the building or section of the building which was not built – information on the indicators of energy efficiency determined as a result of assessment of future energy efficiency.

69. Depending on technical capabilities of the circle in which advertizing about sale of the building or about its delivery in property employment is placed information on indicators of energy efficiency of the building is published as follows:

69.1. image of all certificate of energy efficiency (except for valuation report of energy efficiency); or

69.2. the image of scale of energy efficiency from the certificate of energy efficiency, is specified class of energy efficiency of the building and numerical measure value of energy efficiency of the building; or

69.3. text information on building energy efficiency in the following form: "CPE – X – Z" where "CPE" means energy efficiency class, X – class of energy efficiency (from A to G), Z – numerical measure value of energy efficiency of the building (in kW · ч/(sq.m · year).

70. The certificates of energy efficiency issued on the existing public buildings by the total usable space more than 250 sq.m are placed in the place which is well looked through for the public within 10 days from the date of issue.

71. The obligation provided in Item 70, does not extend to valuation reports of energy efficiency.

72. Well looked through for the public is considered the place on the most visible wall from the central entrance (the central lobby) of the building or the central entrance door of the building.

73. In case of availability in the building of several used entrances the color copy of the certificate of energy efficiency is placed at each entrance to the building.

74. The owner of the building provides preserving good prosmatrivayemost of the certificate of energy efficiency for the public during all term of its action.

Chapter VI Control of certificates of energy efficiency

75. The administrative authority with functions of technical supervision and control provided in article 9 of the Law No. 282/2023, creates and implements system of independent control of certificates of energy efficiency which provides random sampling at least of statistically significant percent of all annually drawn up certificates of energy efficiency, and also conducting their check in coordination with the National center for steady energy.

76. Control is based on the following options or measures equivalent to them:

76.1. check of reality of basic data of the building or its section based on which the certificate of energy efficiency, and the results specified in it was drawn up;

76.2. check of basic data of the building and the results specified in the certificate of energy efficiency, including the recommendations formulated in it;

76.3. complete check of basic data of the building based on which the certificate of energy efficiency was drawn up, complete check of the results specified in it, including recommendations formulated in the certificate of energy efficiency and if it is possible, inspection of the building on site for check of compliance to information provided in the certificate of energy efficiency, to the certified building.

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