It has already been officially known since Dec. 13, 2019, that the 2012 Building Code will set higher requirements for the energy performance of new buildings. Currently, new buildings must comply with an Energy Performance Coefficient (EPC). In all likelihood, the announced change to the Building Code will take effect on January 1, 2021. This means that new buildings must be nearly energy-neutral. They must meet the so-called BENG (Nearly EnergyNeutral Building) requirements.
Indicators or requirements
After January 1, 2021, the Building Code 2021 will use three indicators. These indicators have different values for each use function.
These three indicators are:
- the energy demand indicator in kWh/m2 (BENG-1)
- the primary fossil energy indicator in kWh/m2 (BENG-2)
- the share of renewable energy in % (BENG-3)
What do the BENG requirements entail?
BENG-1 looks at the energy efficiency of the building itself. This involves the total energy requirements for both heating and cooling. In practice, this will mainly involve insulation measures. Consideration can also be given to the positioning of a building given the position of the sun and, for example, the amount and size of windows. With BENG-2, consideration must be given to how much energy content is needed if energy needs are met by fossil fuel. Of course, the proportion of fossil fuel should be limited. For that reason, under BENG-3 there is a minimum percentage that of that energy requirement must be generated from renewable energy. The renewable energy can be generated directly such as through solar panels or collectors. However, it can also be generated indirectly using ambient heat through a heat pump.
Ongoing building permit applications
It is good to know that an application submitted before January 1, 2021 does not have to meet the BENG requirements. For that, the current EPC standard continues to apply. If it is uncertain whether you will be able to submit an application before January 1, 2021, avoid disappointment and delay, and assume the BENG requirements in advance – even when assessing the feasibility of the building plan. An application submitted after Jan. 1, 2021 that does not meet the BENG requirements must be rejected.
For specific questions about BENG requirements, or more general questions about a building permit or other environmental permit, our attorneys in the Real Estate Practice Group are ready to assist you.
