Act to Promote Energy and
Water Savings in Buildings
No. 485 of 12 June 1996

Ministry of Environment and Energy
Danish Energy Agency

Unofficial translation of: Lov om fremme af energi-og vandbesparelser i bygninger.
Translation: MM Sprogservice DK / Margaret Malone. June 1998.

Table of contents

Act to Promote Energy and Water Savings in Buildings
Part 1 - General provisions

Section 1

Subsection 2
Subsection 2

Section 3

Part 2 - Small buildings

Section 4

Subsection 2
Subsection 3
Subsection 4
Subsection 5
Subsection 6
Subsection 7
Subsection 8

Section 5

Part 3 - Large buildings

Section 6

Subsection 2
Subsection 3
Subsection 4
Subsection 5
Subsection 6
Subsection 7
Subsection 8
Subsection 9

Section 7

Subsection 2
Subsection 3

Part 4 - Large commercial tenancies

Section 8

Subsection 2
Subsection 3
Subsection 4
Subsection 5

Part 5 - Public buildings

Section 9
Section 10

Subsection 2

Part 6 - Operation and maintenance of heating and ventilation installations etc.

Section 11

Part 7 - Other provisions

Section 12

Subsection 2

Section 13

Subsection 2

Section 14
Section 15

Subsection 2

Section 16

Subsection 2

Part 8 - Entry into force etc.

Section 17

Subsection 2
Subsection 3

Section 18
Section 19
Section 20

Subsection 2
Subsection 3

Section 21
Section 22

Act to Promote Energy and Water Savings in Buildings

We, Margrethe the Second, by Grace of God Queen of Denmark, hereby proclaim: the Folketing has passed and we have given our Royal Assent to the following Act:

The purpose of the Act is to promote energy and water savings and to increase efficiency in all utilisation of energy and water in buildings.

Subsection 2

The Act encompasses all buildings, cf, however, subsection 2.

Subsection 2

The Minister for the Environment and Energy can exempt certain buildings and categories of buildings and parts of buildings.

In the terms of this Act, energy rating shall mean a standardised, documented statement of the energy condition of a building, including energy consumption by technical installations and appliances, and water consumption. Similarly, an energy plan shall mean a documented proposal for energy and water saving measures.

Small buildings are buildings with a total floor area under 1,500 m². When measuring the area, all floor area that is exempted in pursuance of section 2, subsection 2, shall not be included. The Minister for the Environment and Energy can alter the limits of the total floor area.

Subsection 2

The building shall be energy rated and an energy plan be drawn up to ensure that the owner, tenants and other similar users of the building have knowledge of energy conditions in the building and receive advice about energy saving possibilities.

Subsection 3

Energy rating and an energy plan shall be available in connection with sale. It is the responsibility of the seller to ensure that the purchaser is made aware of the building's energy rating and energy plan before agreement is reached concerning the sale of building covered by this Part. Under the terms of this Act, inheritance, gift, compulsory sale, transfer from an insolvent estate, or transfer to a spouse or partner shall not be considered sale.

Subsection 4

In the case of small buildings which are not usually sold on the open market, the Minister for the Environment and Energy may issue regulations concerning energy rating and drawing up an energy plan.

Subsection 5

Energy rating and the energy plan may not have been completed more than 3 years before agreement about a sale has been reached.

Subsection 6

An approved energy consultant shall prepare the energy rating and energy plan.

Subsection 7

The current owner of a building is responsible for having the building energy-rated and for having an energy plan drawn up.

Subsection 8

If an approved consultant has drawn up the energy rating, energy plan etc., the owner shall inform tenants and similar users and, if requested, provide these and their authorised representatives with access to scrutinising this material with any annexes.

The regulations contained in section 4 shall also apply to all owner-occupied flats.

Large buildings are buildings where the total floor area of the buildings comprises 1,500m² or more, and buildings divided into owner-occupied flats where the total floor area of the buildings in which the owner-occupied flats under the same owners' association are situated, are at or over this limit. When the floor area is measured, it shall not include the floor area which is exempted in pursuance of section 2, subsection 2. The Minister for the Environment and Energy may alter the limit for the total floor area.

Subsection 2

With a view to ensuring that the owner, tenants and other similar users have knowledge of the energy conditions of the building and receive guidance as to energy-saving possibilities, the building shall be energy-rated and an energy plan shall be drawn up.

Subsection 3

An approved energy consultant shall conduct the energy-rating and draw up or update the energy plan once a year.

Subsection 4

In the case of owner-occupied flats, the owner or owners' association is obliged to have the building energy rated and to have an energy plan drawn up. The owners' association is responsible for joint facilities and installations etc. only.

Subsection 5

When a building is being sold, the seller is obliged to ensure that the purchaser is made aware of the building's energy rating and energy plan before agreement is reached concerning the sale of a building covered by this Part.

Subsection 6

The obligation of the owner and the owners' association to have an energy rating drawn up shall not include consumption of energy and water which tenants and other similar users and the owners of owner-occupied flats have supplied direct by a supply company and for which they pay direct to the supply company.

Subsection 7

The obligation of the owner and the owners' association to have an energy plan drawn up for the building shall not include those parts of the building, technical installations and appliances owned by the tenants and other similar users as well as owners of owner-occupied flats who alone are responsible for their operation and maintenance.

Subsection 8

If an approved consultant has drawn up an energy rating, energy plan etc., the owner shall inform the tenants and other similar users concerning this and, if requested, provide these or their authorised representatives with access to scrutinising this material, with any annexes.

Subsection 9

The obligation of the owner to inform the tenants and similar users of the building in pursuance of section 8 shall not include the energy rating and energy plan, which exclusively cover the areas used by the owner only.

The owner of a building, or in the case of owner-occupied flats, the owners' association, shall regularly register the building's consumption of fuel, heating, electricity and water and periodically register the operational conditions of the technical installations.

Subsection 2

The registration obligation of the owner or, in the case of owner-occupied flats, the owners' association, shall not include consumption of fuel, heating, electricity and water which tenants and other similar users and owners of owner-occupied flats have supplied direct by a supply company and for which they pay direct to the supply company.

Subsection 3

The registration obligation of the owner, or, in the case of owner-occupied flats, the owners' association, shall not include regular registration of operational conditions of the technical installations owned by tenants and other similar users who are alone responsible for their operation and maintenance.

Large commercial tenancies shall be defined as tenancies with a total floor area of 1,500 m² or more and which are used for purposes other than dwelling. When the floor area is measured, it shall not include the floor area exempted in pursuance of section 2, subsection 2. The Minister for the Environment and Energy may alter the limit for the total floor area.

Subsection 2

Tenants of large commercial tenancies are obliged each year to have an energy rating drawn up by an approved energy consultant for the consumption of energy and water supplied direct to the tenant by a supply company and for which the tenant pays direct to the supply company.

Subsection 3

Tenants of large commercial tenancies are obliged to have drawn up or updated each year an energy plan by an approved energy consultant concerning matters directly relevant for the consumption of energy and water in the tenancy, unless these matters are included in an energy plan for the building as a whole.

Subsection 4

Tenants of large commercial tenancies are obliged to regularly register the consumption of energy supplied direct to the tenant by a supply company and for which the tenant pays direct to the supply company.

Subsection 5

Tenants of large commercial tenancies are obliged to regularly register the operational conditions of the technical installations that are solely a matter for the tenant, unless these are covered by the registration of the operational conditions for the building as a whole.

The Minister for the Environment and Energy may lay down specific rules to ensure that, in addition to the obligations that result from the further provisions of the Act, necessary energy efficiency measures are carried out in public buildings, including green accounting.

If the building is owned by the state, a county or a municipality, the energy rating and energy plan shall be available to the public.

Subsection 2

The Minister for the Environment and Energy can exempt certain buildings, categories of buildings and parts of buildings from this obligation.

The Minister for the Environment and Energy can lay down specific regulations for control measurement, adjustment and cleaning of heating and ventilation installations and other energy-consuming installations, including rules for charges and fees. The rules shall apply to new and existing installations.

The Minister for the Environment and Energy shall lay down the specific rules for energy rating and energy plans with regard to registration of consumption and operational matters and concerning gathering, central registration and communication of information, including by means of electronic media.

Subsection 2

The Minister for the Environment and Energy can lay down rules with regard to relaxing obligations pursuant to this Act for buildings and categories of buildings and parts of buildings that fulfil certain of the requirements laid down by the Minister.

The Minister for the Environment and Energy can authorise an agency or a committee to approve energy consultants with a view to drawing up energy ratings and energy plans.

Subsection 2

The Minister for the Environment and Energy shall lay down the specific regulations for approving energy consultants, withdrawing approval, activity, the administration of the consultant scheme and consultants' fees.

The Minister for the Environment and Energy is authorised to have an agency exercise the powers allocated to the Minister under this Act.

Any party who infringes section 6 (3) and (4) and/or section 8 (2) and (3) shall be liable to the penalty of a fine. In regulations issued in pursuance of this Act, the Minister for the Environment and Energy can impose the penalty of a fine for infringement of these regulations.

Subsection 2

The legal person per se can be ordered to pay a fine if the infringement has been committed by a company, an association, an independent institution, a fund or the like. If the infringement has been committed by the state, a county, a municipality or a municipal corporation, cf section 60 of the Local Government Act, the state, the county, the municipality or the municipal corporation as such can be liable to a fine.

Should the purchaser of a building covered by Part 2 of this Act not be informed about the building's energy rating and energy plan before agreement to sell has been reached and the owner, on demand, has not handed over the energy rating and energy plan, the buyer has the right to have the energy rating and an energy plan drawn up at the expense of the seller if this takes place within a reasonable space of time.

Subsection 2

Agreement may not be entered into between the parties to waive subsection 1 to the disadvantage of the purchaser.

This Act shall enter into force on 1 January 1997.

Subsection 2

On the same date, the Act on Limitation of Energy Consumption in Buildings, cf. Consolidated Act no. 342 of 20 June 1984, shall be repealed.

Subsection 3

Section 31 A of the Building Act, cf. Consolidated Act no. 805 of 9 October 1995, shall be repealed when this Act enters into force.

When a building is being sold, and where agreement has been reached about the sale before three years after this Act has entered into force, a heat inspection report or an energy certificate drawn up in pursuance of Executive Order no. 187 of 29 April 1985 on heat inspection, energy certificate and energy consultants shall replace an energy rating and an energy plan, on condition that the heat inspection report or the energy certificate has been drawn up at the latest three years before agreement has been concluded about the sale.

Should the owner of a building covered by this Act have entered into an agreement with a heat consultancy firm for regular checking of heat installations or entered into an agreement with an energy management consultant, the requirements concerning drawing up an energy rating and an energy plan shall only apply to such an owner at the expiry of the period covered by the agreement and 12 months at the latest after this Act has entered into force.

In the Rent Act, cf. Consolidated Act no. 711 of 29 August 1995 as amended by Act no. 1065 of 20 December 1995, Act no. 1066 of 20 December 1995 and Act no. 386 of 22 May 1996, the following amendments shall be made:

1. To be inserted in section 36 (2) after the second point:

"In addition, expenses for an energy rating and drawing up an energy plan etc. as well as expenses for control measurement, adjustment and cleaning an oil furnace, cf the Act to Promote Energy and Water Savings in Buildings, shall also be included in the heating and hot water account."

" Section 46 a

If an approved energy consultant has drawn up energy rating, an energy plan etc., cf. the Act to Promote Energy and Water Savings in Buildings, the letter shall inform the tenants and, at the request of a tenant, provide him or his authorised representatives with access to scrutinising this material with any annexes.

Subsection 2

Residents' representatives or a majority of tenants can propose the implementation of work indicated in an energy plan in pursuance of the Act to Promote Energy and Water Savings in Buildings if they simultaneously also indicate possibilities for financing and covering operational expenses that result from the implementation of the work.

Subsection 3

If the letter supplies heating and hot water, and if, according to the most recent half-yearly heating account, expenditure for these exceeds half of the rent for the period in question, the residents' representatives or a majority of the tenants can demand that all or some of the work concerning heating and hot water as indicated in the energy plan be carried out, cf. the Act to Promote Energy and Water Savings in Buildings. If an energy rating and an energy plan have not been drawn up, cf. the Act to Promote Energy and Water Savings in Buildings, if the matter is covered by the first point, the tenants can demand that the letter implement such energy rating and energy plan. It is a condition that the residents' representatives or a majority of tenants simultaneously agree to an increase in rent to cover all expenses that result from the work being implemented, cf. section 58 (3)."

3. Section 51 (1) shall read as follows:

"The regulations in section 50 shall also apply if new or increased expenses are imposed on the building for water, electricity, refuse collection, WC, chimney sweeping or the like according to rates laid down or approved by public authorities."

The Act on Regulating Rents in Commercial Premises, cf. Consolidated Act no. 648 of 25 July 1995, shall be amended as follows:

1. Section 7 (1) shall read:

"The regulations in section 6 shall also apply if new or increased expenses are imposed on the building for water or electricity, refuse collection, sewers, chimney sweeping, control measurement, adjustment and cleaning of an oil furnace, energy rating and drawing up an energy plan etc. in pursuance of the Act to Promote Energy and Water Savings in Buildings, according to rates laid down or approved by public authorities."

This Act shall not apply to the Faroe Islands or Greenland.

Given at Christiansborg, 12 June 1996

Under our Royal Hand and Seal

Margrethe R

Svend Auken