A new phase in EPC legislation

A new year often brings new obligations and certificates. An EPC (Energy Performance Certificate) has long been a familiar requirement for parties involved in the rental or sale of residential properties, as well as the score on the certificate and any associated energy-efficient renovation obligations.

However, did you know that, as part of the Flemish Climate Strategy 2050 to make buildings climate-neutral by then, the so-called EPC Non-Residential (EPC NR) will become significant starting from January 1, 2025?

The EPC Non-Residential (EPC NR) is intended for all properties without a residential function, such as hospitals, office buildings, schools, shops, etc. The EPC NR provides insights into the energy efficiency of such buildings and outlines the efforts needed to renovate them into a carbon-neutral building unit. Residential buildings, industrial buildings, and agricultural buildings are excluded from this requirement.

The EPC NR, which must be prepared by a certified energy expert, is valid for only five years, in contrast to the regular EPC, which has a validity period of ten years.

Large or small non-residential unit?

Additionally, the legislator has made a distinction between large and small non-residential units. This distinction is determined based on the usable floor area, with buildings exceeding 1,000m² being categorized as large units.

When is an EPC non-residential required?

Since January 1, 2023, the EPC NR has been mandatory for all transfers. This includes sales and rentals, but also gifts, rights of superficies, and long lease rights. Over the past years, these requirements have been further expanded, and there are still significant changes on the horizon in the coming years:

• From January 1, 2025: Every large non-residential unit with a usable floor area of more than 1,000m² must have an EPC NR, regardless of transfer or rental.
• From January 1, 2026: Every non-residential unit must have an EPC NR, regardless of transfer or rental.
• From 2030: All large non-residential buildings must achieve a minimum energy label.

In practice

If you own buildings that fall under the definition of large non-residential units, you will be required to have an EPC NR certificate starting from January 1, 2025, regardless of whether the property is rented out or sold. For small non-residential buildings, this requirement will only apply from January 1, 2026.

Our experts are ready to assist you

Do you have questions about this new phase in EPC legislation? Contact our experts, and they will gladly assist you.