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LAW OF THE REPUBLIC OF MOLDOVA

of October 5, 2023 No. 282

About energy efficiency of buildings

The parliament adopts this organic law.

This law partially shifts the Directive 2010/31/EU of the European parliament and Council of May 19, 2010 about energy efficiency of buildings (new edition) published in the Official magazine of the European Union by L 153 of June 18, 2010 in the option adapted and approved by the Decision of Ministerial council of Energy community No. 2010/02/MC-EnC of September 24, 2010 with the subsequent changes made by the Directive (EU) 2018/844 European parliament and Council of May 30, 2018 about change of the Directive 2010/31/EU on energy efficiency of buildings and the Directive 2012/27/EU on energy efficiency, and Regulations (EU) 2018/1999 European parliament and Council of December 11, 2018 about management of the energy union and actions in the field of climate about change of Regulations (EU) No. 663/2009 and the Regulations (EU) No. 715/2009 of the European parliament and Council, directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EC, 2012/27/EU and 2013/30/EU European parliament and Council, directives 2009/119/EU and (EU) 2015/652 Councils and about cancellation of Regulations (EU) No. 525/2013 of the European parliament and Council.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is creation of the legal base necessary for assistance to increase in energy efficiency of buildings, taking into account climatic conditions, requirements connected with internal climate and cost efficiency, including by implementation of program documents and measures for increase in energy efficiency of buildings, by establishment of the minimum requirements of energy efficiency and implementation of certification of energy efficiency of buildings, and also by ensuring informing owners/administrators of buildings/managing directors of buildings or potential buyers / employers about the level of energy efficiency of buildings.

Article 2. Subject of the law

This law establishes requirements:

1) to methodology of calculation of the integrated energy efficiency of buildings and their sections;

2) to the Industry strategy of long-term updating of national real estate fund;

3) to the National plan for increase in number of buildings with almost zero energy consumption;

4) to application of the minimum requirements of energy efficiency:

a) for future buildings and new sections of the existing buildings;

b) for the existing buildings and their sections which are subject to capital repairs;

c) for the elements which are part of the protecting structures of the building and significantly the protecting structures of the building influencing energy efficiency, in case of upgrade or replacement of these elements;

d) for technical systems of buildings, every time when these systems are installed, modernized or replaced;

5) to certification of energy efficiency of buildings and their sections;

6) to recurring inspection of systems of heating, recurring inspection of systems of ventilation and air conditioning;

7) to the mechanism of control of the issued certificates of energy efficiency;

8) to the mechanism of control of reports on check of systems of heating and reports on check of systems of ventilation and air conditioning.

Article 3. Scope

(1) This law extends to the following categories of the residential and non-residential, public and private, future and existing buildings, including their elements, and also to sections of buildings, namely:

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

b) apartment apartment houses;

c) office buildings;

d) buildings of educational institutions;

e) buildings of medical institutions;

f) hotels;

g) restaurants, cafe;

h) buildings of sports appointment;

i) buildings for rendering services of wholesale and retail trade;

j) other types of energy-requiring buildings, including the mixed appointment, except for the buildings provided by part (2).

(2) This law does not extend:

a) on the buildings protected according to the Law on protection of monuments No. 1530/1993 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, nature or appearance in inadmissible degree. The impossibility of observance of certain requirements of energy efficiency for the respective buildings shall be proved and confirmed by the owner of the building based on regulating documents in construction;

b) on the buildings used as objects of church service or for other activities of religious nature;

c) on shoddy constructions, industrial platforms, masterful, uninhabited agricultural buildings with low energy consumption;

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

e) on certain buildings with the total usable space less than 50 sq.m;

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

g) on other categories of buildings with particular treatment which are regulated by special regulations and concerning which observance of provisions of this law is impossible for the reasonable reasons, stipulated by the legislation.

Article 4. Basic concepts

For the purpose of this law the following concepts mean:

the protecting structures of the building - the building components separating it internal rooms external environment;

copper - the installation consisting of the body of copper and the combustion chamber, intended for transfer to the liquid heat carrier of heat received as a result of combustion;

the certificate of energy efficiency - the document issued by the energy appraiser specifying the energy efficiency of the building or its section calculated on the basis of methodology of calculation of the energy efficiency of buildings approved according to Article 15;

the preliminary certificate of energy efficiency - the document issued by the energy appraiser specifying future energy efficiency of the projectible building, the existing building before its capital repairs or its corresponding section calculated on the basis of methodology of calculation of energy efficiency of buildings;

energy class - system of measurement from "And" to "G" for specifying of energy efficiency of the building;

the building - the complex of rooms with specific functions differentiated by the external structural elements constituting the protecting structures of the building including the related installations in which energy is used for regulation of internal climate. For the purpose of this law the concept "building" means the building in general;

the building with almost zero energy consumption (nZEB) - the building with very outstanding energy efficiency conforming to requirements, stipulated in Clause 21. Almost zero or very low need for energy shall become covered in very high degree due to the energy received from renewable sources, including made on site or near object;

the building of the mixed appointment - the building having several appointments in which other appointment, than basic purpose of the building has at least 10 percent of total area;

the residential building - the building of residential appointment belonging to the categories of the buildings specified in Items a) and b) parts (1) Article 3;

the existing building - the building which is in operation on the date of entry into force of this law;

the non-residential building - the building of other appointment, than residential;

the public building - the building which belongs on the property right to the state and in which industry bodies of the central public management perform the activities;

future building - the building which is in design process or constructions;

cogeneration - simultaneous production during the same process of heat and electrical energy and/or mechanical energy;

shoddy construction - the authorized construction at which according to documentation on town planning and arrangement of the territory the planned term of use constitutes no more than two years. Enter category of shoddy constructions: booths, stalls, pavilions, cabins, information boards and panel, canopies, arbors or other similar objects;

building element - technical system of the building or element of the protecting structures of the building;

energy from renewable sources - in the value determined in article 3 of the Law on promotion of energy use from renewable sources No. 10/2016;

primary energy - the energy received from renewable or non-renewable sources which was not exposed to process of conversion or transformation;

the energy appraiser - the physical person certifying building energy efficiency, qualified and registered in the Electronic register of energy appraisers;

the heatgenerator - the part of system of heating developing useful heat by means of one or several of the following processes:

a) combustion of fuel, for example, in copper;

b) the effect of Joule happening in heating elements of system of heating to electric resistance;

c) catching of heat from air, from the air removed from ventilating installations or from source of water or it is warm from the soil with use of the thermal pump;

energy efficiency indicator - the amount of energy estimated in relation to the general conditional area of the building;

the inspector of systems of heating - the physical person estimating systems of heating, qualified and registered in the Electronic register of inspectors of systems of heating;

the inspector of systems of ventilation and air conditioning - the physical person estimating systems of ventilation and air conditioning, qualified and registered in the Electronic register of inspectors of systems of ventilation and air conditioning;

centralized heating - distribution of heat energy in the form of vapor or hot water from the central source of production through network to several buildings or points for the purpose of its use for heating of rooms or for industrial processes;

optimum level of costs - the energy efficiency level leading to the lowest costs during residual normative lifecycle of the building where:

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