CERtuS_D2.6_Regulation Improvements

Transcription

DELIVERABLE 2.6
PROPOSALS FOR REGULATION IMPROVEMENT
Authors:
Stella Styliani FANOU ENEA
Pedro MOURA ISR
Alessandra GANDINI, Rand EPPICH TECNALIA
Evangelia GKLEZAKOU EUDITI
CERtuS Grant Agreement Number IEE/13/906/SI2.675068
DeliverableD2.6
Proposals For Regulation Improvement
Final
DELIVERABLE SUMMARY SHEET
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Deliverable
D2.6
Proposals for regulation improvement
0.1
February 13, 2015
August 05, 2015
Stella Styliani FANOU, ENEA
Pedro MOURA, ISR
Alessandra GANDINI, Rand EPPICH, TECNALIA
Evangelia Gklezakou, EUDITI LTD
Vito LEOTTA, Comune di Messina
Pasquale TRIPODO, Comune di Messina
templatedef
Released
X PU Public
PP Restricted to other program participants
RE Restricted to a group specified by the Consortium
CO Confidential, only for member of the Consortium
Report
Project Details
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CERtuS
Cost Efficient Options and Financing Mechanisms for nearly Zero Energy
Renovation of existing Buildings Stock
IEE/13/906/SI2.675068
CIP-IEE-2013
Stella Styliani FANOU, ENEA, Centro Ricerche Casaccia
Via Anguillarese, 301 , 00123 S.Maria di Galeria (Roma), Italy
[email protected]
01. ENEA – Agenzia nazionale per le nuove tecnologie, l'energia e lo
sviluppo economico sostenibile – Italy
02. COMUNE MESSINA - Comune di Messina – Italy
03. ERRENTERIA – Errenteriako udala – Spain
04. CMC – camara municipal de coimbra – Portugal
05. ALIMOS – Dimos Alimou – Municipality of Alimos – Greece
06. ISR – Instituto de sistemas e robotica – Associacao – Portugal
07. ISPE – Intensa San Paolo Eurodesk S.P.R.L – Italy
08. ETVA VI PE – ETVA VI.PE. S.A. – Greece
09. TECNALIA – Fundacion Tecnalia Research & Innovation – Spain
10. EUDITI LTD – EuDiti – Energy and Environmental Design – Greece
11. INNOVA BIC – INNOVA BIC - Business Innovation Centre SRL – Italy
12. AaU SBi – Aalborg University – Denmark
13. ASSISTAL – Associazione Nazionale Costruttori di impianti e dei
servizi di efficienza energetica ESCo e Facility Management– Italy
Collaborative Project
March 1, 2014
30 Months
www.certus-project.eu
CERtuS– GA no. IEE/13/906/SI2.675068.DeliverableD2.6
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Deliverable D2.6: Short Description
Short Description:
This report describes and analyses the main regulatory / legislative barriers hampering the full and
harmonious development of Energy Efficiency, RES , deep renovation and the rules on historic buildings
in terms of applications of nZEB.
Keywords:RES legislation, regulatory barriers, energy efficiency, renewable energy sources, protection
rules of historic buildings, nZEB renovation, municipalities.
Revision
V0.1
V0.2
Date
24/09/2014
05/04/2015
Status
Draft
Draft
Reviewer
Stella Styliani FANOU
Pedro MOURA
Eva ATHANASSAKOS
Pedro Moura
Organization
ENEA
ISR
EUDITI LTD
ENEA
ISR
V1.1
05/05/2015
Draft
V1.2
15/06/2015
Draft
TECNALIA
Draft
Alessandra GANDINI
Rand EPPICH
Evangelia GKLETZAKOU
V1.3
25/06/2015
V1.4
20/07/2013
Draft
ENEA
V2.0
23/07/2015
Advanced
Draft
V3.0
31/07/2015
Final Draft
Evangelia GKLETZAKOU
Pedro MOURA
Alessandra GANDINI
EUDITI
ISR
TECNALIA
ENEA
ENEA
V4.0
03/08/2015
Final Draft
Alberto SORACI
Innova BIC
V4.1
05/08/2015
Final Draft
ETVA SA
V5.0
05/08/2015
FINAL
Kostas PAVLOU &
George
VARTHOLOMAIOS
EUDITI
ENEA
Description
Template and ToC
ToC
Draft contribution
of Portuguese part.
Draft contribution
of Spanish part
Draft contribution
of Greek part
Draft contribution
of Italian part and
comments
Inclusion of
contributions and
update
Format. Sent to
Review Committee
Revision of the full
contents. Quality
control check
Revision of the full
contents. Quality
control check
FINAL
Statement of originality
This deliverable contains original unpublished work except where clearly indicated otherwise.
Acknowledgement of previously published material and of the work of others has been made
through appropriate citation, quotation or both.
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TABLE OF CONTENTS
CERTUS PROJECT IN BRIEF ........................................................................................................1
EXECUTIVE SUMMARY .............................................................................................................2
1.
INTRODUCTION .................................................................................................................4
2. OVERVIEW OF THE REGULATIONS REGARDING ENERGY EFFICIENCY AND PROTECTION
RULES OF HISTORIC BUILDINGS ................................................................................................6
2.1.
2.2.
2.3.
2.4.
3.
OVERVIEW OF THE CURRENT STATUS OF RENEWABLE ENERGY ...................................... 21
3.1.
3.2.
3.3.
3.4.
4.
PORTUGAL ................................................................................................................... 41
SPAIN ......................................................................................................................... 43
GREECE ....................................................................................................................... 45
ITALY .......................................................................................................................... 46
OVERLAP WITH OTHER DIRECTIVES / LEGISLATIONS ....................................................... 50
5.1.
5.2.
5.3.
5.4.
6.
PORTUGAL ................................................................................................................... 21
SPAIN ......................................................................................................................... 24
GREECE ....................................................................................................................... 30
ITALY .......................................................................................................................... 33
ISSUES WITH REGULATIONS, STANDARDS AND ADMINISTRATIVE PROCEDURES ............ 41
4.1.
4.2.
4.3.
4.4.
5.
PORTUGAL ..................................................................................................................... 6
SPAIN ........................................................................................................................... 9
GREECE ....................................................................................................................... 14
ITALY .......................................................................................................................... 14
PORTUGAL ................................................................................................................... 50
SPAIN ......................................................................................................................... 50
GREECE ....................................................................................................................... 50
ITALY .......................................................................................................................... 50
CONCLUSIONS AND FINAL RECOMMENDATIONS ............................................................ 51
6.1.
6.2.
6.3.
6.4.
PORTUGAL ................................................................................................................... 51
SPAIN ......................................................................................................................... 52
GREECE ....................................................................................................................... 53
ITALY .......................................................................................................................... 54
REFERENCES ........................................................................................................................... 55
ACKNOWLEDGEMENTS .......................................................................................................... 57
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LIST OF FIGURES
FIGURE 1: OVERVIEW OF THE PORTUGUESE REGULATION ON ENERGY EFFICIENCY........................................ 6
FIGURE 2: OVERVIEWAND EVOLUTION OF THE ITALIAN REGULATION ON ENERGY EFFICIENCY ....................... 17
FIGURE 3: OVERVIEW OF REGULATION ON ENERGY EFFICIENCY IN THE SICILIAN REGION .............................. 18
FIGURE 4: OVERVIEW OF EVOLUTION ON ITALIAN LEGISLATION CONCERNING PRESERVATION AND PROTECTION
OF CULTURAL AND ENVIRONMENTAL HERITAGE.................................................................. 20
FIGURE 5: PORTUGAL - AUTHORIZATION PROCEDURES FOR RES SYSTEMS ............................................... 21
FIGURE 6: PORTUGAL - DIVISION OF COMPETENCIES........................................................................... 22
LIST OF TABLES
TABLE 1: PORTUGAL - TYPE OF RES USED, REQUIREMENTS AND POWER ................................................... 21
TABLE 2: SPAIN - TYPE OF RES USED, REQUIREMENTS AND POWER .......................................................... 24
TABLE 3: SPANISH RELEVANT REGULATION ........................................................................................ 29
TABLE 4: GREECE - PV INSTALLATION, REQUIREMENTS AND POWER ........................................................ 30
TABLE 5: GREECE - BIOMASS USE, REQUIREMENTS AND POWER............................................................ 30
TABLE 6: ITALY - TYPE OF RES USED, REQUIREMENTS AND POWER ........................................................... 34
TABLE 7: ITALY - AUTHORIZATION PROCEDURES FOR CONSTRUCTION AND INSTALLATION OF PLANTS POWERED BY
RENEWABLE ENERGY SOURCES SYSTEMS ............................................................................... 36
TABLE 8: ITALIAN RELEVANT REGULATION ......................................................................................... 39
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ABBREVIATIONS AND ACRONYMS
Acronym
EeB
EED
EPBD
EPC
ESCO
EU
NEEAPs
nZEB
PPP
RES
VAT
GWh
RES-E
RES-H&C
RES-T
RD&D
DHW:
EU ETS:
Definition
Energy-efficient Buildings
Energy Efficiency Directive
Energy Performance of Buildings Directive
Energy Performance Contracts
Energy Service Company
European Union
National Energy Efficiency Action Plans
Nearly Zero Energy Building
Public Private Partnership
Renewable Energy Source
Value Added Tax
Gigawatt – hours
Renewable energy sources for electricity
Heating and cooling from RES
Thermal from renewable energy sources
Research, Development and Deployment
Domestic hot water
European Union Emissions Trading System.
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CERTUS PROJECT IN BRIEF
Southern European countries undergo a severe economic crisis. This hinders the compliance to
the latest Energy Efficiency Directive, demanding strict energy efficiency measures for the
public sector. Investments required to renovate public buildings and achieve nearly zero
energy consumption have long payback times. So the interest of financing entities and ESCOs is
small, especially when banks have limited resources. Many of the municipal buildings in
Southern Europe require deep renovations to become nZEB and this should not be regarded as
a threat but rather as an opportunity for the energy service and the financing sector.
The objective of the proposed action is to help stakeholders to gain confidence in such
investments and initiate the growth of this energy service sector and nZEB sector with its
correlated value chain.
Municipalities, energy service companies and financing entities in Italy, Greece, Spain and
Portugal are involved in this project. The plan is to produce representative deep renovation
projects that will act as models for replication. Twelve buildings in four municipalities in each
country have been selected. The partners will adapt existing energy service models and
procedures and will work out financing schemes suitable for the 12 projects. Consequently, the
partners will create materials, such as guides and maxi brochures, suitable to support an
intensive communication plan.
The plan includes four workshops with B2B sessions targeted to municipalities, ESCOs and
financing entities. These actions shall be complemented by four training activities targeting
municipal employees and the participation in international events targeting all stakeholders. It
is expected that Project’s actions will have a significant impact by triggering investments in
renovations to achieve nZEB and the uptake of the ESCO market in Southern European
member states.
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EXECUTIVE SUMMARY
Southern European Countries have adopted in the last years different European directives on
energy efficiency and on renewable energy systems in buildings even with delay concerning
the nearly-Zero Energy Buildings, as Member States have deadline to increase the number of
nZEB very soon: by 31 December 2020 and after 31 December 2018 all new buildings and all
buildings occupied and owned by public authorities respectively must be nZEB.
The review of the legislative framework concerning energy efficiency in buildings in Portugal,
Spain, Greece and Italy consider to analyse the gap between the objectives and the ongoing
development in each country, as well as the specific challenges that these countries have to
overcome. Each country partner has followed its own line of exposition, which has not tried to
be homogenized, as each country has its own specific regulatory / legislative procedures.
The outlines of the report are as follows:
Portuguese, Spanish and Italian results are aligned to draw attention to the current gap
between disciplines that regulate energy efficiency interventions and integration of RES also
on historic buildings, bound by the laws of protection. Contrarlily, the regulatory frame
investigated by the Greek partners is applied to new – contemporary buildings, as the local
treated buildings belong to the contemporary period.
Results highlighted by the Portuguese overview show that there are no relevant environmental
obstacles or regulatory gaps to the installation of energy efficiency technologies and
renewable energy in buildings and its use in urban areas. The major obstacles to the use of
renewable energy technologies and to the deep renovation of the building envelope are the
protection rules in listed classified buildings. Other restriction to the large scale installation of
renewable energy technologies regards the tariff, since the energy injected into the grid is
penalized with a very low tariff.
The study for energy efficiency regulations and RES integration in Spanish urban areas provides
an overview on two sets of regulations -that which govern places of historic significance and
those which deal with energy efficiency. The report concludes important, detailed and specific
recommendations coming from the present study on regulations. It also, presents in detail on
regional laws and regulations covering historic building protection in the Basque Country
where the study was conducted. At national level it describes the gap between the
environmental regulations and those regulations enforced to protect historic structures.
The study presents an overview of the legislation pertinent to energy efficiency and integration
of RES in buildings of Alimos municipality and discusses the problems and gaps identified
along the renovation design of the three local case studies. It highlights important results and
problems, as: (i) the main problem regarding the energy renovation of public buildings is that
a renovation / construction contract is awarded based on the lowest price and not on the
energy savings to be achieved (ii) there are many difficulties regarding the implementation of
the renovation plans by means of an ESCO model due to bureaucratic procedures and partial
implementation of the relevant legislation.
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Results presented by the Italian overview show obstacles and gaps and define some generic
compensatory measures, as in Italy there are obstacles to the application of nZEB Directive
depending by a set of rules that focused on other aspects than those of energy management of
buildings. The report mainly focusses in the current urgent need which is a ‘one single
Coordination composed of members of the relevant ministries and a legislative text on energy
efficiency in buildings that also takes into account the historical buildings. More possible
actions are mentioned as Declaratories, Training and other actions to increase the public
awareness.
The Deliverable include an overview of the relevant regulation/legislative framework of each
participant country and notes the authorization procedures for construction and installation of
plants powered by renewable energy sources systems.
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1. INTRODUCTION
By 2020, the European Union aims to reduce its greenhouse gas emissions by at least 20%
compared to 1990 levels, increase the share of renewable energy in final energy consumption
to 20%, and achieve a 20% increase in energy efficiency1. All EU countries must also achieve a
10% share of renewable energy in their transport sector.To achieve this, EU countries have
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committed to reaching their own national renewables targets ranging from 10% to 49% , .
They are also each required to have at least 10% of their transport fuels come from renewable
sources by 2020.
CERtuS consortium has recognized since the writing of the proposal that the European energy
performance of buildings directive (EPBD) is the major regulatory instrument to make happen
the ambitious targets for reducing carbon emissions from the building sector - approximately
90% by 2050. Member States ensured that by 31 December 2020 all new buildings are nearly
zero-energy buildings; and after 31 December 2018, new buildings occupied and owned by
public authorities are nearly zero-energy buildings. Member States shall furthermore draw up
national plans for increasing the number of nearly zero-energy buildings and following the
leading example of the public sector, develop policies and take measures such as the setting of
targets in order to stimulate the transformation of buildings that are refurbished into nearly
zero-energy buildings.
In this context, analyse and compare information on the legislation pertinent to energy
efficiency and integration of RES in buildings is very important. This is because a
comprehensive framework of competencies and procedures is needed for the southern
European member states which currently are preparing the regulation for the cost optimal
levels of minimum energy performance and nZEB. It is important to understand the differences
and similarities in the field of energy efficiency and RES as well the regulations regarding
Energy Efficiency and protection rules of historic buildings, as half of the CERtuS case studies
have a historic value and some of them are monuments.
Scope of this document is to examine the more recent legislation in Portugal, Spain, Greece
and Italy related to building sector as it represents of key importance for the fulfilment iof to
energy efficiency and nZEB strategies. Main objective is to document proposals to regulators of
the Mediterranean area on needed regulation improvements in order to facilitate nZEB
renovations. In that area the problem of energy consumption is more complex because the airconditioning load is as important as the heating load and in some cases is more important.
Furthermore, Southern European countries buildings’ energy needs depend on a high number
of architectural parameters which have different effects on summer and winter loads. The law
restrictions of the historic buildings in order to develop the local strategy and policy have been
also taken in consideration.
1
National energy efficiency targets (http://ec.europa.eu/energy/en/topics/energy-efficiency/energy-efficiency-directive)
2
From 10% in Malta to 49% in Sweden.
3
Renewable energy – National action plans (http://ec.europa.eu/energy/en/topics/renewable-energy/national-action-plans)
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The current report outlines the actual situation of each CERtuS country/municipality providing
obstacles and gaps in the regulatory frame faced by the designers during the implementation
of the renovation design.
It is evident that each country partner has followed its own line of exposition, which has not
tried to be homogenized as, each country has its own specific regulatory / legislative
procedures and the work is deepening in different obstacles and gaps of each country
regulatory frame trying to define compensatory measures (where possible) for each specific
obstacle.
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2. OVERVIEW OF THE REGULATIONS REGARDING ENERGY EFFICIENCY AND
PROTECTION RULES OF HISTORIC BUILDINGS
2.1. PORTUGAL
Energy Performance of Buildings
The Directive on Energy Performance of Buildings allowed the development of a legislative
package in Portugal, which created a National System of Energy Certification and Indoor Air
Quality in the Buildings (SCE), and revised building codes for residential and non-residential
buildings. Figure 1 establishes the SCE timeline giving an overview on its implementation in
Portugal.
FIGURE 1: OVERVIEW OF THE PORTUGUESE REGULATION ON ENERGY EFFICIENCY
The European Directive 2002/91/EC was transposed to the Portuguese national law on April
4th2006 by means of a legislative package composed of three Decree-Law, already mentioned
in Figure 1. This Decree-law only made a partial application on the Directive, but in January
2009, the Portuguese Energy Performance Certification scheme comprised the full
implementation of the EPBD, meaning that all the required buildings are now included: new
buildings, major renovations, public buildings and all buildings when sold or rented.
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By December 2013, more than 600,000 Energy Performance Certificates (EPCs) were issued on
a web based central registration system4 that qualified experts must access and use to issue
certificates, since the launching of the scheme in July 2007. About 80% of these EPCs took
place after January 2009, for existing buildings, upon sale or rent.
In this context, the State promoted, the energy efficiency of buildings and, in this way,
acquired relevant experience, which resulted not only in the efficiency of energy certification
system, but also in the diagnosis of aspects whose practical application is proved susceptible to
improvement.
With the publication of the European Directive 2010/31/EU from May 19th 2010 on the energy
performance of buildings, the regime established by Directive 2002/91/EC was reformulated.
Such Directive clarifies some of the principles of the original text and introduces new
provisions aimed at strengthening the framework for promoting energy efficiency in buildings,
in the light of the goals and challenges agreed by the Member States for 2020.
The transposition into national law of European Directive 2010/31/EU created an opportunity
to improve and systematize the scope of energy certification system and respective
regulations as well as to align the national requirements with impositions of the Directive.
Then, the Decree-Law 118/2013 from August 20th 2013 ensured not only the transposition of
the Directive, but also the revision of the national legislation to include, in a single law which
includes the System for Energy Certification of Buildings (SCE), the Regulation on the Energy
Performance of Residential Buildings (REH), and the Regulation on the Energy Performance of
Services Buildings (RECS).
In general, the requirements for new buildings were tightened, promoting efficient envelops
and introducing technical systems requirements. The contribution of renewable energy
systems was also detailed and stimulated. It also defines nZEB and its requirements and
transposes to the national legislation the aim to have nZEB in all new buildings after December
31st 2020 or after December 31st 2018 in the case of public buildings. However, the national
plan for rehabilitation of buildings was not yet approved.
Protection Rules of Historic Buildings
According to its relative value, the immovable cultural heritage may be listed as bearing
national interest, public interest or municipal interest. An asset shall be considered of national
interest whenits protection and enhancement, in whole or in part, represent a significant
cultural value for the nation. Any national interest property, be it a monument, a group of
buildings or a site, is deemed to be a “national monument”. An asset shall be considered of
public interest whenits protection and enhancement, though representing a cultural value of
national importance, prove to be disproportionate under the protection system inherent to
national interest classification. Assets shall be considered of municipal interest where their
4
www.adene.pt/sce
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protection and enhancement, in whole or in part, represent a prevailing cultural value within
the scope of a municipality.
The administrative procedure for listing an immovable property is set in motion by the DGPC
(Directorate General for Cultural Heritage5) in liaison with the cultural directorates for culture
(according to their respective operation area). However, any natural or legal person can, under
the law, submit an application for listing an asset.
The listing of a cultural property as of national interest is a responsibility of the competent
State authorities (the Council of Ministers) who will, for that purpose, issue a Government
decree. Public interest classifications are the responsibility of the competent State authorities
(the government department in charge of culture, which is currently the Secretary of State for
Culture) or of the Autonomous Regions, if the property is located there. An ordinance will be
issued for this purpose. Municipal interest properties are the responsibility of the
municipalities even though the DGPC needs to issue a favourable report.
In mainland Portugal, it is up to the DGPC to propose to the Government the listing of national
interest and public interest assets. When the administrative procedure is set in motion, DGPC
is to apply the definition of relevant cultural interest required for any national cultural heritage
in pursuance with no. 3 of article 2 of Law no. 107/2001 of 8 September and the general
criteria laid out in article 17 therewith. Decree Law no. 309/2009 of 23 October, which has
been in force since 1 January 2010, regulates the procedure for listing property.
Heritage listing extends its strategic scope through the creation of general and special
protection zones, i.e., protection areas where no building works are authorised without prior
consent from the competent cultural heritage authority. They may include non aedificandi
areas (ZNA - where all types of construction are prohibited) which are meant to create buffer
zones for minimising buildings impacts or safeguarding archaeological sites.
Listed immovable properties may benefit from a special protection zone (ZEP), to be
established by an ordinance, which is laid out at the time of the final decision for listing or
within a period of 18 months from the date of publication of the final decision. This procedure
is compulsory for monuments but optional for groups of buildings and sites (whenever it is
deemed essential to ensure integration with the architecture, landscape and urban setting and
also from the visual point of view).
The effects of establishing a general protection zone or a provisional special protection zone
on a listed property, for a national interest or a public interest property, will remain in force
until the publication of the special protection zone. The special protection zone ensures the
landscape and visual integration of a given property including the green areas that are relevant
to the context.
5
www.patrimoniocultural.pt/
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2.2. SPAIN
Construction is complicated. Each site is unique with its challenges and environment;
numerous professions are involved that require coordination including engineers, architects,
planners, multiple trades, workers and specialties. Construction is also expensive. It is made
more complicated by two additional factors that are addressed in this report:


Historic structures and their particular requirements and regulations
Energy efficiency requirements and the existence of multiple layers of laws,
regulations and standards
These two factors must be balanced appropriately for a successful project. Some of the
difficulties encountered to achieve this balance include respect for historic materials that
perform poorly in terms of energy efficiency, installation of solar panels in confined city
centres, and conflicting laws at different levels, or worse, a lack of regulations or guidance
altogether. This last difficulty is important as regulations take time to implement and lag
behind technological developments. This report will outline a method to tackle this challenge –
it will work from the perspective of these two factors and from the top down to the bottom.
Beginning with the international perspective and working to European standards, national
regulations and finally local needs and measures. It will describe the gap between the
environmental regulations and those regulations intended to protect historic structures.
1954 Hague Convention
1954 Hague Protocol
1999 Hague Protocol
7 July 1960
26 June 1992
6 July 2001
1970 Unesco Convention
1995 UNIDROIT Convention
10 January 1986
21 May 2002
1972 World Heritage Convention
4 May 1982
SPANISH STATE PARTY TO INTERNATIONAL INSTRUMENTS RELATED TO HISTORIC STRUCTURES
There is a set of evolving European standards, including the building industry, commonly called
Euro Norms developed by CEN (European Committee Standardization). These Standards are
intended to reduce costs, enhance performance, improve safety and ensure the compatibility
of components, products and services. This one European Standard replaces 33 national
standards and members are obliged to adopt each as a national standard. They also have to
withdraw any existing national standard that conflicts. Therefore, one European Standard (EN)
becomes the national standard in all 33 countries covered by CEN. The European Standards
published by CEN are developed by experts, established by consensus and adopted by the
Members. These standards are VOLUNTARY and there is no legal obligation to use them,
however many contracts are written, particularly within the building industry, to make them
mandatory. For example: CEN/CLC/TR 16567:2013 (WI=JW002002)Energy Efficiency Obligation
Schemes in Europe - Overview and analysis of main features and possibilities for
harmonization and CWA 16267:2011 (WI=WS057001) Guidelines for Sustainable Development
of Historic and Cultural Cities – Qualicities.
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European Cultural Convention
Final
4 July 1957
European Convention for the Protection of the Architectural 27 April 1989
Heritage
European Convention on Offences Relating to Cultural Property
-
European Convention for the Protection of the Archaeological Signed on 16 January
Heritage (revised)
1992
SPANISH STATE PARTY TO EUROPEAN INSTRUMENTS RELATED TO HISTORIC STRUCTURES
For energy efficiency in buildings these mainly follow the European standards. For all the
following technologies and installation size, local authorities always have direct competence in
the licensing process: solar, solar thermal, bioenergy, biofuels, wind energy, geothermal
energy and hydropower.
In Spain, the implementation of the Directive on the Energy Performance of Buildings (EPBD) is
under the responsibility of the Ministry of Industry, Energy and Tourism and of the Ministry of
Public Works and Transport, with the contribution of the Institute for Energy Diversification
and Saving (IDAE).
The transposition of the EPBD into national laws consisted in the following timeline and
Decrees:








Royal Decree 314/2006, of the 17th of March, approving the Technical Building Code
Royal Decree 47/2007, of the 19th of January, approving the basic procedure for the
energy certification of new buildings
Royal Decree 1027/2007, of the 20th of July, approving the Thermal Building
Regulations
Royal Decree 1826/2009, of the 27th of November, modifies the Thermal Building
Regulations
Royal Decree 235/2013, of the 5th of April 2013, establishes basic procedure for the
Energy Efficiency Certification Buildings (transposes the recast EPBD)
Royal Decree 233/2013, of 5th April, regulating the State Plan to promote rented
housing, building renovation and urban renewal and regeneration 2013-2016.
Ruling of 25 September 2013, of the Secretariat of State for Energy, publishing Ruling
of 25 June 2013 of the Management Board of the Institute for Energy Diversification
and Saving, which sets out the regulatory bases and the aid scheme announcement for
the energy rehabilitation of the existing buildings in the residential sector.
The Royal Decree 235/2013 transposed Directive 2009/91/EC into national law. The
decree introduced a modification of the procedure for obtaining an energy efficiency
certificate in buildings. As of June 2013, owners of buildings are required to present an
energy efficiency certificate to buyers or renters of flats. The certificate, valid for 10
years, evaluates the efficiency level of the building in terms of energy consumption
and CO2 emissions, and classifies the building through on a scale from A to G.
The Institute for Diversification and Saving of Energy (IDAE) is an agency of the Ministry of
Industry, Energy and Tourism. It contributes to achieve the objectives of Spain in improving
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energy efficiency, renewable energy and other low carbon technologies, this is the strategic
framework of its activity. Objective include 1) promoting the use of new technology,
replacement for industry, agriculture, services, homes, buildings and transport areas. 2)
Manage and track savings plans and national energy efficiency, 3) Promote efficient use of
energy, 4) Collaborate with the European Commission and support the Spanish companies, 5)
Offer integrated energy efficiency sectors that require a catalyst for implementation.
Protection of historic sites
LEY 16/1985, de 25 de junio, del Patrimonio Histórico Español (BOE de 29 de junio de 1985)
(*).
Introduction to Cultural Heritage management and the Ministry of Culture
The Ministry has in its structure two Branches responsible for the protection and conservation
of the Spanish Cultural Heritage, dependent on the Department of Fine Arts and Cultural
Assets and Archives and Libraries.
Office for the Protection of Historical Heritage. It is responsible for the implementation of the
legal regime for the protection of Cultural Heritage. Besides this Branch it has associated
coordination of the following organs: Spanish Historical Heritage Council. Coordinating body
between the State Administration and the Autonomous Communities whose purpose is to
facilitate communication and exchange of action programs and information concerning the
Spanish Cultural Heritage. Board of Classification, Valuation and Export of Spanish Historical
Heritage Assets. Gives advisory body attached to the Directorate General of Fine Arts and
Cultural Assets and Archives and Libraries responsible for reviewing applications for export,
import and acquisition of goods.
Ley 16/1985 del Patrimonio Histórico Español, artículo 3. Regula la Junta de Calificación,
Valoración y Exportación de Bienes del Patrimonio Histórico Español.
Real Decreto 111/1986, artículos del 7 al 9.
Real Decreto 111/1986, artículo 9.4. Comisión de Valoración.
Board of Classification, Valuation and Export of Historical Heritage Assets
It is attached to the Directorate General of Fine Arts and Cultural Assets and Archives and
Libraries referee advisory body.
The Board analyzes and issue proposals on:
Applications for export of protected cultural goods.
Applications for import of protected cultural property.
Acquisition of cultural property by the State become part of the collection of museums,
archives and state libraries.
Evaluation Committee
The Valuation Commission is an integral part of the Board.
Valuing goods intended to be delivered to the State in payment of the tax debt.
Make estimates that are necessary to implement building measures (laid down in Title VIII of
Law 16/1985), in order to finance conservation works, maintenance and rehabilitation, as well
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as protection and archaeological excavations in declared goods cultural interest
The assessments necessary for the implementation of the aforementioned building measures
(regulated in Article 74 of Law 16/1985).
Ley 16/1985 del Patrimonio Histórico Español, artículo 3.Real Decreto 111/1986, artículos 2 a
6.
Establishes the Historical Heritage Council.
It is an organ of collaboration between the Government and the Autonomous Communities
and is essentially intended to facilitate communication and exchange of action programs and
information concerning the Spanish Cultural Heritage.
The functions of the Spanish Historical Heritage Council are:
• Know the state as well as regional, related to Spanish Historical Heritage, action programs
and the results thereof.
• Develop and adopt National Plans of Information Heritage, which are intended to foster
communication between the different services and information needed to promote the
development of scientific and technical research.
• Develop and propose training and information campaigns on the Heritage activities
• Report of the measures to be taken to ensure the necessary cooperation in order to fulfill
international commitments made by Spain affecting Spanish Historical Heritage.
• Report on the fate of the assets recovered from illegal export.
• To issue reports on issues related to Historical Heritage that the president submit your
inquiry.
• Any other function that, within the framework of its competence, is attributed by any law or
regulation.
Legislación relativa a Garantía del Estado
Ley 16/1985, de 25 de junio, del Patrimonio Histórico Español. Disposición Adicional Novena.
Real Decreto 1680/1991, de 15 de noviembre, sobre Garantía del Estado para obras de interés
cultural.
28Décret Royal 1680/1991, du 15 novembre, portant développement de la neuvième
disposition additionnelle de la Loi 16/1985, du 25 juin, du Patrimoine Historique Espagnol, sur
garantie de l’État pour les œuvres d’intérêt culturel
Royal Decree 1680/1991, of 15th November, implementing the ninth additional provision of
Law 16/1985, of 25th June of the Spanish Historic Patrimony, on State guarantee for works
of cultural interest
State Guarantee Definition
State guarantee is a public insurance system by which the Spanish State is committed to
ensuring interest Real temporary leasing for public display in some organizing institutions.
Government Guarantee protects these works against the possible destruction, loss, theft or
damage suffered in the period between the loan of the work and the time to return it to its
owner by a type of insurance which covers the risks from the time of collection of the work in
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their place of origin to the return of the same at the place designated by the lender, thus
including transport and accommodation.
The coverage provided by the State guarantee system operates identically to an extended
insurance policy by an insurance company, covering all risks that may suffer the insured works.
Ley 16/1985 del Patrimonio Histórico Español
Ley 49/2002 de régimen fiscal de las entidades sin fines lucrativos y de los incentivos fiscales
al mecenazgo
Definition of patronage
The concept of cultural patronage today includes the idea of social participation in the
conservation and enrichment of Spanish Cultural Heritage.
The needs of conservation and restoration required by the cultural heritage in Spain have
confirmed that, despite the increase in the budgets of public administrations, private
contributions are necessary to preserve them.
Law 16/1985 on Spanish Historical Heritage includes a series of tax incentives in the field of
Heritage, under Title VIII called "incentive measures".
Law 49/2002 of taxation of non-profit entities and tax incentives for patronage aims to
encourage patronage initiatives and promote the participation of civil society in the defense of
artistic heritage in two ways:
http://www.mecd.gob.es/cultura-mecd/areas-cultura/patrimonio/informacion-general.html
BASQUE COUNTRY level
It is also extremely important to mention the regional laws and regulations covering historic
building protection at the local level, in this case where the study was conducted, in the
Basque Country. This is governed by the Basque Country Law 7/1990 (de 3 julio 1990.
Regulación del Patrimonio Cultural Vasco). This is usual in the case of Spain as more powers
are devolved to the semi-autonomous regions such as the Basque Country. Similar protection
laws also exist for Catalonia, Castille-la Mancha, Extremadura, to name a few. This is a critical
point as the Basque Country has a special sensitivity toward their heritage and thus protection
measures are more strictly defined and especially adapted to the region. Some of the elements
covered include special recognition of structures that relate to Basque history, protection of
the context and city centres.
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2.3. GREECE
In Greece the basic law governing the construction of buildings is the “General Building
Regulation” N.1577/1985 which was amended and supplemented with the N.2381/2000. The
N.3661/2008 “Measures to reduce energy consumption in buildings and other provisions”
incorporated the EU legislation regarding the reduction of the energy consumption in
buildings, into the national one. In 2012 the N.4067/2012 “New Building Regulation” was
published and it contains definitions and incentives for energy savings in buildings. The new
definitions are semi-buried buildings, green roofs, double-skin facade, vertical gardens, etc.
and the main incentives are the increase of built-surface ratio for buildings with very low
energy consumption, the permission to add on existing buildings external insulation, passive
solar systems and PVs with an extension of 15cm beyond the legal building line and the
exclusion of the structures which reduce the energy consumption from the total allowed
construction area. Afterward, in order Greece to be consistent with the EU regulations, in 2010
the new regulation regarding energy performance in building (KENAK) was published. This law,
in addition to the definition of the requirements for the new and refurbished buildings,
establishes also the need of the energy performance certification. Any building or part of a
building needs to be certified in order to be rented or sold. Also, according to this certification
the energy renovation of a building can be funded under several national programs. Recently,
it was published the latest Law 4122/19-02-2013 “Energy Efficiency of Buildings” which
foresees the revision of the minimum requirements through a cost optimum calculation
methodology.
In order the national legislation to be fully consistent with the Directive 2010/31/EU on the
Energy Performance of Buildings (EPBD), Greece has to define the levels of nZEB and according
to the new Directorate of Energy Policy and Efficiency of the Ministry for Environment, the
relevant regulation is expected to be issued by the end of 2015.
Regarding the transposition of the latest Directive 2012/27/EU on Energy Efficiency (EED),
Greece has prepared a draft law in September 2014 that been commented, but its approval
from the parliament is still pending.
2.4. ITALY
Bridging the current gap between disciplines that regulate energy efficiency interventions on
historic buildings and monuments, bound by the laws of protection, it is an ambitious and
difficult question.
To date, in all the legislative provisions related to energy saving there are provisions designed
to ensure exemptions for the architectural and monumental heritage. The use of these
derogations for ignore the problem of energy efficiency of historic buildings, according to the
Italian Ministry of Cultural Heritage and Activities and Tourism (Ministero dei Beni e delle
Attività Culturali e del Turismo (MiBACT) “does not represent a good choice, we can say that
the opposite holds true: interventions to improve energy efficiency of historic buildings
(compatible with the cultural characteristics of the artifacts) is the first significant step towards
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a real preservation of this heritage, so widespread, so fragile, so difficult and expensive to
maintain”6
The Italian studies and projects addressing the issue of energy efficiency of historic buildings
are meant to identify measures to improve performance of single parts of the ancient building,
just as it is required by legislation. The issue of energy efficiency of historic buildings should be
more contextualized and addressed in a manner consistent with their historical nature, not
excluding innovations and additions but minimizing them, privileging authenticity and not
replacement, as well minimal intervention, notoriety of the intervention and compatibility
between new and ancient materials.
In recent years regulations in Italy regarding historic buildings preservation and energy
efficiency have changed profoundly both but still they are going on parallel lines which are
rarely encountered.
In this chapter are described the evolution of laws in Italy, concerning Energy Efficiency of
buildings, in general, and preservation and protection of Cultural Heritage buildings. To take in
consideration that Italian legislation underestimates the energy efficiency of historic buildings
and legislates mainly on new buildings. Nevertheless, the design of new buildings and the
refurbishment/restoration of the old ones require the same procedures and tools at
architectural, structural, functional, technological, plant and equipment engineering level.
Energy Performance of Buildings
In the last ten years, many changes there have been in the field of energy efficiency.
Accordingly with the National Energy Strategy, Italy adopted two key measures in 2014,
outlining the path towards the challenging 2020 energy saving targets. The transposition of the
Energy Efficiency Directive and the Italian Energy Efficiency Action Plan7provided a wide frame
aimed at the removal of the barriers delaying the spread of the energy efficiency, at national
as well as at local level.
The Directive 2012/27/EU on Energy Efficiency, EPBD (Energy Performance of Buildings
Directive) was approved in Italy by the Legislative Decree 102/2014 amending Directives
2009/125/EC and 2010/30/EC and repealing Directives 2004/8/EC and 2006/32/EC. The
Directive 2012/31/EU, also known as "EPBD recast", updated the principles relating the energy
performance of buildings, was transposed in Italy by Decree-Law 63/2013, and converted with
in Law 90/2013.
In Italy, the regulatory frame for increasing energy efficiency of buildings is varied and the
application of the European directives on the energy performance of buildings have a rather
complex history that is not yet over, with significant differences between the different Regions
6
: Antonia Pasqua Recchia, Direttore Generale per il Paesaggio, Le Belle Arti, l’Architettura e l’arte contemporanea, Minister o per i
beni e le attività culturali, “Problematiche e opportunità nell’uso delle fonti energetiche rinnovabili nel patrimonio storico
monumentale”, Milano Fiera, 5 Ottobre 2011.
7
The Italian Ministry of Economic Development has published the National Energy Efficiency Action Plan 2014. The document,
proposed by ENEA, outlines energy efficiency goals that Italy has planed to achieve by 2020 as well as running policy measures to
chieve them.
http://www.sviluppoeconomico.gov.it/images/stories/pubblicazioni/PAEE_2014.pdf
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in terms of performance assessments, drafting the Energy Performance Certificate, and
synergy with the regional legislation with regards to building upgrades.
The decrees implementing Legislative Decrees 192/2005 and 63/2013, converted into law
90/2013, are the most important for the definition of criteria and procedures for nearly Zero
Energy Buildings.To these decrees must be added the Legislative Decree 115/08 on Energy
Efficiency and Energy Services and the Legislative Decree 28/2011 on renewables.
Law 90/2013 for improving the energy performance of buildings: The Law introduces
substantial changes to Legislative Decree 192/2005 in order to adapt it to the Directive
2010/31/EU. Among the main changes introduced, which will be subsequently subjects of
specific implementing decrees of a technical nature, includes:






Nearly zero energy building (nZEB): The law defines the concept of the boundary
system, the energy produced in situ (energy produced or withdrawn within the
boundary system) and the cost optimal level. From 1 January 2019 the new public
buildings or occupied by the public administration must be nZEB; all other new
buildings have to meet this requirement by 1 January 2021.
Calculation methodology regarding the energy performance of buildings: it will be
updated in reference to UNI TS 1130021 (parts 1 to 4) and Recommendation 14 of the
Italian Thermotechnical Committee (CTI).
Minimum energy performance. Will be defined according to technical and economic
assessments result of applying a comparative methodology and updated every 5 years
Energy Performance Certificate (EPA). The Law introduces an obligation for those who
sell or rent a property to attach the EPA to the contract.
Tax deductions. The law extended the deduction of 50% on refurbishment works, and
brings the deduction for energy improvement from 55% to 65%.
Urgent measures for the transposition of Directive 2010/31/EU of the European
Parliament and of the council of 19 may 2010 on the energy performance of buildings
for the definition of infringement proceedings by the European Commission, as well as
other provision of social cohesion:
Presidential Decree of the Republic 74/2013 on thermal systems: The Decree includes
obligations and criteria to be applied to public and private building. Among these, they are
highlighted the new limit values for all buildings concerning the indoor temperature for
heating and cooling
Presidential Decree 75/2013 on energy certification of buildings: The Decree enables as
experts to entrust the building energy certification the following profiles: (i) Technicians with
an appropriate qualification and eligible to practice, (ii) Energy service companies (ESCOs)
operating accordance with the transposition and implementation of Directive 2006/32/EU on
the end-use of energy efficiency and energy services.
Following, Figure 2 provides a non-exhaustive overview and evolution of the Italian regulation
on energy efficiency.
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FIGURE 2: OVERVIEWAND EVOLUTION OF THE ITALIAN REGULATION ON ENERGY EFFICIENCY
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Energy Performance of Buildings in the Region of Sicily
It is also important to mention the regional laws of the Region of Sicily, where the case studies
of the project were conducted. As general consideration, we must say that, in the last years, a
number of regional laws focused on energy efficiency have been issued with the aim to
complete the regulatory gap that for years has characterised the national legislation in the
field of energy efficiency. Italian Regions have proceeded autonomously to legislate creating a
regulatory framework extremely varied. In the specific, for the Region of Sicily the main set of
regional regulations are described and provided bellow:
FIGURE 3: OVERVIEW OF REGULATION ON ENERGY EFFICIENCY IN THE SICILIAN REGION
In addition the Italian Ministry of Economic Development launched the platform of Sustainable
Energy Efficiency Municipalities (CSE)8, which allows municipalities to apply for non-refundable
funds directed to projects for energy efficiency improvement or production by means of
renewable sources. These projects will concern municipality buildings located in Convergence
Regions (Campania, Calabria, Sicily and Puglia).
Protection Rules of Historic Buildings
The key document of the Italian legislation is made up by the New Heritage and Landscape
Codex of 2004 which includes and rationalises all the preexisting multilayers and multifaceted
Italian legislation regulating the preservation and protection of cultural heritage from the first
laws n°1089 (Law 1089/1939 and Law 1497/1939) up to the more recent legislation.
The Codex was adopted through the Delegated Decree 42/2004, according to Law 137/2002. It
is made up by 184 Articles and refers to the entire Cultural Heritage sector, both tangible and
intangible, mobile or immobile. The new Codex updates the definition of cultural heritage
8
CSE: Comuni per la Sostenibilità e l’Efficienza Energetica. Programming 2007- 2013, but still are paid.
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goods, (including the neglected by the previous legislation intangible heritage) and updates as
far as regards the concept of safeguard, from the last century to the present days. Moreover it
disciplines all the functions pertaining to the Italian Cultural Heritage, under the concept of
protection, valorisation, management, national and international circulation of cultural goods,
etc. – as well as to the landscape. It is based on article 9 of the Italian Constitution according to
which the republic promotes the development of culture and safeguard of the landscape and
of the historical and artistic heritage of Italy.
The Codex was further modified by Leg. Decrees 156/2006 (corrective and supplementary
provisions to Delegated Decree 42/2004 in relation to cultural heritage) and 157/2006
(corrective and supplementary provisions to Delegated Decree 42/2004 in relation to
landscape) which excluded the possibility to hand over the management of public cultural
property to the private for-profit.
Further changes introduced by Leg. Decrees 62 and 63/2008 (respectively devoted to the
heritage and landscape) may be summed up as follows9:


landscape: new definition of "landscape" in line with the European Convention ratified
in 2004; safeguard primarily entrusted to the Sovrintendenze10 – acting in cooperation
with the regions and local authorities – endowed with stronger powers with regard to
landscape planning restrictions and the granting of permits; and
heritage: new dispositions to prevent the improper alienation of public private
property, through the reintroduction of the safeguard measures envisaged in Pres.
Decree 283/2000; a more efficient coordination between EU regulations, international
agreements and Italian legislation regarding the international circulation of cultural
objects, which cannot be considered ordinary "goods".
Recently, through the Ministerial Decree of 29 August 2014, the legislator downgraded the
powers formerly granted to the Soprintendenza. In the future their decisions, if contested,
could be reversed to the newly created Regional Commissions for Cultural Heritage, which
have the final say in these matters.
In Italy, the regulation of urban-historical aspects is worked out at Municipal level. Such system
is traditionally connected to two complementary planning tools: the Technical Implementation
Norms of the Municipal General Urban Planning and the Municipal Building Regulation. It is
right at this level that a substantial lack of updating of the regulatory and planning tools can be
found, especially in the energy sector.
9
Cultural policies and trends in Europe, Italy
10
peripheral offices of the Italian Ministry of Cultural Heritage and Activities and Tourism
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A complete list of Italian legislation concerning preservation and protection of Cultural and
Environmental Heritage is shown below:
FIGURE 4: OVERVIEW OF EVOLUTION ON ITALIAN LEGISLATION CONCERNING PRESERVATION AND PROTECTION OF CULTURAL
AND ENVIRONMENTAL HERITAGE
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3. OVERVIEW OF THE CURRENT STATUS OF RENEWABLE ENERGY
3.1. PORTUGAL
3.1.1. TYPE OF RES USED , REQUIREMENTS AND POWER
Errore. L'origine riferimento non è stata trovata. presents the type of RES to be used in each
building, as well as its requirements and power.
Source
Requirements
Power (kW)
Photovoltaic
Elementary School of Solum
16.92 kWp
Panels attached to the roofs of buildings
The panels must be installed with the same inclination
and orientation of the roofs to do not alter the shape of
the buildings.
Municipal House of Culture
181 kWp
Panels attached to structures
The panels must be installed in structures with a tilt of
30º, oriented to south, but keeping the orientation of
the building (azimuth of 20º) in order to minimize the
visual impact of the PV panels.
Coimbra Town Hall
126 kWp
Solar Tiles
The solar tiles should have an appearance identical to
the tiles in use in the roofs of the building in order to
minimize the visual impact.
TABLE 1: PORTUGAL - TYPE OF RES USED, REQUIREMENTS AND POWER
3.1.2. AUTHORIZATION PROCEDURES AND DIVISIONS OF COMPETENCIES
The authorization procedures for on-grid renewable energy (RE) systems installation are
presented in Figure 5. For off-grid systems at the moment there is no regulation enforced.
FIGURE 5: PORTUGAL - AUTHORIZATION PROCEDURES FOR RES SYSTEMS
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Despite of looking to be rather complicated, the process runs with little or almost no problems.
The procedures are quite transparent and all players known exactly what their role is. The
process starts with the online registration of the RE system into a web platform
(www.renovaveisnahora.pt) where the RE system and energy source are registered.
Afterwards, the systems owner must pay a fee to validate the registration, this fee includes all
costs with permits, system inspection and certification. Later the process supervisor – DGEG
(General Directorate for Energy and Geology) analyses the registration request according to
the local electrical grid technical features. If accepted (otherwise the registration data must be
corrected) the process moves forward to power allocation stage where the nominal power of
system is considered in the national balance of power generation. After this stage and
considering the system is already installed by a qualified company, using the certified and
authorized equipment according to the Portuguese technical rules for electrical installations,
the system is ready to be inspected by an independent entity. In this stage there are two
possibilities: system is reproved and corrections or changes are in order or it is approved and
ready to be commissioned.
Figure 6 presents the division of competencies between the different entities involved in the
process. As mentioned before, DGEG supervises the process and CERTIEL (Association for the
certification of electrical installations) is the communication channel between entities. CERTIEL
also makes the bridge with the systems owner or the companies who installs the system.
CERTIEL also recognizes which companies are qualified for installing RE Systems (according to
their technical capability), which entities are qualified to perform system inspection and
certification (ISQ - Institute of Welding and Quality and LIQ - Laboratory Quality Industrial).
Regarding large systems (above 5.75 kW) DGEG sends its own technicians to perform the
inspections and certifications. Regarding the system commissioning for on-grid systems
CERTIEL makes the connection between the system owner and the Portuguese Electrical Utility
Company- EDP to connect the system to the national grid. For off-grid systems the installation
company is responsible for the commissioning.
FIGURE 6: PORTUGAL - DIVISION OF COMPETENCIES
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3.1.3. RELEVANT REGULATIONS
The legislation for RE systems can be found at the same website where the systems
registration is made, but the direct link is:
http://www.renovaveisnahora.pt/web/srm/legislacao.
In this location all relevant legislations is available (only in Portuguese) for the following RE
sources: Solar, wind, biomass, biogas and hydro. The legislation is presented in different types
of documents: Decree-Law, Regional Decree-law (for Madeira Islands), Ordinances and DGEG
official statements. Some examples of such legislation are presented below:







Decree-Law 363/2007 from 2 of November – First definition of legal regime applicable
to production of electricity from renewable sources.
Regional Decree-Law 16/2008/M from 6 of June – Adapts to the Madeira Island the
Decree-Law 363/2007 legal regime for the production of electricity through small
production units.
Decree-Law 118A/2010 (Recast of Decree-Law 363/2077) from 25 of October –
Simplified the legal regime applicable to the production of electricity through small
production units.
Decree-Law 34/2011 from 8 of March – defines the legal regime applicable for the
production of electricity through medium production units (up to 250kW).
Decree-Law 153/2014 from 20 of October – Established the legal regime applicable to
production of electricity designed for self-consumption and grid injection from
renewable source, through small production units.
Ordinance 15/2015 from 23 of January – Defines de tariff for On-grid RE production
systems whose sources are: solar, wind, biomass, biogas and hydro.
Ordinance 60-E/2015 from 2 of March – Defines de communication procedure
regarding off-grid systems, to be reported to DGEG and determines the rates
mentioned in Decree-law 153/2014.
Other forms of regulation are enforced in the Portuguese electric sector such as:


Technical regulations for low voltage electrical installations
(http://www.certiel.pt/web/certiel/instalacoes-de-utilizacao)
DGEG Approved connection schemes for On- grid renewable energy systems
(http://www.renovaveisnahora.pt/web/srm/solucoes-de-ligacao)
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3.2. SPAIN
The types of RES used include mainly wind and solar. There are RES of biomass, hydro and solid
waste power sources but these are in less frequent use. For urban areas the type of RES used is
almost always solar. The city centres of Spain are some of the densest in all of Europe
therefore wind power can only be used with rural communities or wind farms created in the
countryside and power transmitted.
Source
PHOTOVOLTAIC
Thermal
BIOMASS
Requirements
& The price regulation system is currently phased
out through Real Decreto-ley 9/2013. The
reason for this suspension is traced in the
preamble of RDL 1/2012. A different regulation
that had previously suspended the support
schemes, before their final phasing out: RD
6/2009 established that by 2013 a part of the
consumers’ electricity bill (the “peajes the
acceso”) should be able to fully balance the
costs incurred by the State arising from the
support scheme. It was deemed, however, that
the situation would not have allowed this goal
to be reached by 2013. For this reason, and
together with the high growth of RES-E in the
past years, even beyond the set goals, all
support schemes for RES-E were blocked.
See above
Power (kW)
6.5%
3,787 MW installed
at the end of 2010
installed 2010
electricity
generation
was
825 MW (533 MW
of solid *
biomass, 115 of
waste and 177 of
biogas).
WIND
See above
22.3%
23 GW installed
capacity
51,439
GWh
annual production
HYDRO POWER
See above
19.5%
3887 billion KWs
GEOTHERMAL
See above
93 billion KWS
TABLE 2: SPAIN - TYPE OF RES USED, REQUIREMENTS AND POWER
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Renewable energy in Spain represented 42.8% of total energy generation in 2014. Overall
27.4% of Spain's electricity was generated from wind and solar in 2014. Spain has set the
target of generating 45% of its energy needs from renewable energy sources. Spain is the
world's fourth biggest producer of wind power and in 2014, the installed capacity was 23 GW
and the annual production was 51,439 GWh, a share of total electricity consumption of 21.1%.
Most of the RES came from wind and solar.
This ambitious goal was set with several regulated and voluntary schemes. The main support
scheme (the “Régimen Especial”) operated until the end of 2011 and was suspended at the
beginning of 2012. As of now, no other support schemes for RES-E are in place. A tax
regulation system for investments related to RES-E plants is in place. RES-E operators are
entitled to grid connection, priority dispatch against the grid operator. Furthermore, a plant
operator is entitled against the grid operator to an expansion of the grid, if the expansion is
required for his plant to be connected to the grid. When clustering the different types of
11
support mechanisms available to electricity from renewable energy sources (RES-E ), a
fundamental distinction can be made between direct and indirect policy instruments. Direct
policy measures aim to stimulate the installation of RES-E technologies immediately, whereas
indirect instruments focus on improving long-term framework conditions. Besides regulatory
instruments, voluntary approaches for the promotion of RES-E technologies also exist, mainly
based on consumers’ willingness to pay premium rates for green electricity. Further important
classification criteria are whether policy instruments address price or quantity, and whether
they support investments or generation.
Policies for training and certification of solar panel installers are in place. Buildings should
satisfy a minimal solar contribution of warm sanitary water. An overarching RD&D12 plan is in
place that directs support to RES-E, RES-H&C13 and RES-T14. In Spain, the generation of
electricity from renewable sources is mainly promoted through a price regulation system.
Plant operators may choose between two options: a guaranteed feed-in tariff and a
guaranteed bonus (premium) paid on top of the electricity price achieved on the whole sale
market.
11
RES-E: Electricity from Renewable Energy Sources
12
Research, Development and Deployment
13
RES-H&C: Heating and Cooling from Renewable Energy Sources
14
RES-T: Thermal from Renewable Energy Sources
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Brief description of authorization procedures and divisions of competencies regarding RES
General framework in the field of authorization
Article 91. Conditions of licenses and concessions.
1. The Minister of Finance, at the proposal of the Directorate General of State Property,
approve terms and conditions for the granting of licenses and authorizations of certain assets
and rights of State Property, to be published in the "Official Gazette categories the State. "
2. In the absence of conditions, concessions and authorizations shall be those established by
the holder Minister of the department to which the goods are affected or dependent public
bodies which are the owners or have them assigned. These conditions may be broad in scope,
for certain categories of licenses and concessions to competition department, or set for
specific cases, and require approval in any case, prior favorable report of the Minister of
Finance, which will also be mandatory and binding when It is intended to derogate from the
conditions generally approved by it.
3. The conditions for the granting of licenses and concessions should consider the imposition
of accessory holder such as the acquisition of securities obligations, the adoption and
maintenance of certain corporate requirements, or other similar nature, where it is deemed
necessary for reasons public interest.
4. Authorizations and concessions that qualify for occupation of public property necessary for
the execution of a contract shall be granted by the Administration to be the owner, and is
considered ancillary to that. These authorizations and concessions will be linked to the
contract for the purposes of granting, duration and validity and transferability, subject to the
approval and reports referred to in previous sections of this article.
It will not be necessary to obtain these authorizations or concessions when the contract to
enable the occupation of public property.
Article 92. Authorizations.
1. Authorizations are granted directly to the petitioners who are eligible, unless, for any
reason, you would find limited number, in which case it will be based on competition and if
this is not appropriate, for not having assessed special conditions on applicants by lottery, if
not otherwise had established in the conditions governing them.
2. Do not be transferable granting authorizations for which should be taken into account
personal circumstances authorized or whose numbers be limited, unless the conditions for
which are governed admit transmission.
3. The authorizations shall be granted for a specified period. Its maximum term, including
extensions, is four years.
4. Authorizations may be unilaterally revoked by the granting authority at any time for reasons
of public interest, without generating entitled to compensation when they are incompatible
with the general conditions approved subsequently produce damage in the public domain,
preventing its use for activities greater public interest or affect the general use.
26
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Final
5. Permits may be free, with consideration given or conditions, or be subject to the fee for
private use or special use of public domain assets of state regulated in Chapter VIII of Title I of
Law 25/1998, of 13 July, amending the Legal Regime of the State and Local Fees and of
Reordering property contributions for public, or to the charges under special rules.
They are not subject to the fee when the private use or special use of public property is not
always entails an economic utility for unauthorized or person, even having this utility,
utilization or exploitation involving conditions or considerations for the beneficiary to nullify or
do it irrelevant.
It shall be recorded in the cases mentioned in the previous paragraph, that fact in the contract
documents or clauses of the authorization.
6. The applicant for authorization for private use or special use of public domain, whatever the
economic scheme which is applicable to them, may be required to guarantee, in the manner
deemed most appropriate, the use of the property and its replacement or repair, or damages,
in case of disturbance. The recovery of expenses incurred, when exceeded the guarantee, will
be paid by way of urgency.
7. Without prejudice to the other points that may include general or specific conditions, the
licensing agreement for use of goods and demaniales rights include at least:
a) The rate of use of property or right.
b) The economic system of authorization is subject.
c) The security to be provided, where appropriate.
d) The assumption of costs of maintenance and repairs, taxes and other taxes, as well as the
commitment to use good by quality and delivering it in the state in which it is received.
e) The commitment of prefetching at his expense on how many licenses and permits require
the use of the good or the activity performed on it.
f) The assumption of the liability of the occupation, to mention, if any, of the obligation to
formalize the timely insurance policy, bank guarantee or other adequate security.
g) The acceptance of the unilateral revocation, without the right to compensation, for reasons
of public interest in the cases provided for in paragraph 4 of this article.
h) The booking by the ministry or agency ceding the power to inspect the property subject to
authorization, to ensure that it is used in accordance with the terms of the authorization.
i) The term extension and subrogation regime that, in any case, require prior authorization.
j) The causes of extinction.
8. Nothing in this provision shall apply to the special use authorizations under Article 90 of this
law, which is not incompatible with its object and purpose.
Article 95. Competition for the granting of licenses and concessions.
Concessions and authorizations on goods and rights demaniales State Assets is otor Garan by
holders of ministers departments that are affected, or appropriate management or
administration or by the presidents or directors of government agencies that have assigned or
whose assets belong.
27
DeliverableD2.6
Final
Authorization procedures
Summary of policies
Training programs for installers. The national system of qualification and professional
formation (NSQPF) provides a structured framework for the provision of vocational training
also for energy.
Certification Programs for RES installations. As regards certification, an obligation to be
certified is in place for solar thermal panels to comply with international standards.
RD&D Policies. National plan of scientific research, development and technological innovation
2013 – 2016 is the programming instrument that establishes goals and priorities of the
national research policy in the mid-term. The plan covers very different areas and topics. One
of its strategic actions is “Energy and Climate Change”.
Building obligations. With respect to buildings and RES, it is stated in the technical building
code that all new buildings or buildings undergoing major renovation in which there is demand
for warm sanitary water / air conditioning of a covered swimming pool must satisfy some of
this demand through solar thermal installations.
This is an obligatory certification for solar thermal panels to comply with international
standards UNE-EN 12975 and UNE-EN 12976. Specifically, UNE-EN 12975 applies to solar
panels with liquid cooling systems and UNE-EN 12976 applies to prefabricated thermal solar
panels.
Addressees, This scheme applies to producers of solar collectors.
Competent authority: The Ministry of Industry, Energy and Tourism.
Technologies: All policies apply to solar thermal. The NSQPF also applies to PV installations and
wind power plants. The national plans of R&D do not specify technologies, but only types of
projects. It is possible that technologies are specified in the single calls under the R&D plan.
Year
Regulation
2002
Qualifications
L 5/2002 (Ley 5/2002, de 19 de junio, de las ALL
of professional Cualificaciones y de la Formación Profesional -Law
training
5/2002 of June 19 of qualifications and professional
formation)
1980
Rules
and
technical
instructions for
PV installation
2013
2016
Title
Area
of
application
/Source
ORDEN 28/07/1980 (Orden de 28 de julio de 1980 por Solar PV
la que se aprueban las normas e instrucciones técnicas
complementarias para la homologación de los paneles
solares.
Plan Nacional de Investigación Científica, Desarrollo e ALL
Innovación Tecnológica (2013 – 2016) - National plan
of scientific research, development and technological
28
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Final
innovation
1986
Environmental
Impact
Assessment
Royal Decree 1302/1986 are modified. Makes clear
that in assessing foreseeable direct and indirect
effects of a project on population, flora, fauna, soil,
air, water, climatic factors, landscape and material
assets, including heritage artistic and archaeological,
the interaction between all these factors will
necessarily take into account; are specified more
precisely the powers of the environmental agency in
the environmental impact statement, and the scope
of the compulsory report of the autonomous
communities in the environmental assessment of
plans and environmental projects is set, in which the
competence to give the impact statement
environmental for the State, when those involving
special conservation areas of the autonomous region
2006
National
Building Code
CTE (Código Técnico de la Edificación)
ALL
In the Normative on Solar Energy in Spain Chapter 3,
Article 7 Exceptional criteria for solar thermal and
photovoltaic
7.1. Solar thermal and photovoltaic solar facilities
must provide input and / or electrical power fixing
minimum for each case Annexes of this Ordinance.
Nevertheless, it may reduce or replace the solar
contribution justifiably indicated in Annex II and the
electric power indicated in Annex III, always trying to
close as possible, in the following cases:
a) When the energy supply of hot water is covered by
leveraging other renewables, cogeneration process or
residual energy sources from the installing heat
recovery outside the own generation of heat from the
building;
b) When the estimated electricity production would
correspond to the minimum power is covered by the
use of other renewable energy sources;
c) When the building site does not have sufficient
access to sunlight for external barriers same;
d.) In the rehabilitation of buildings, where there are
no limitations due to correctable configurationpreexisting building or urban protection rules which apply
to him;
e) In new buildings, where there are irremediable
limitations arising from the rules planning that
prevent completely and clearly the arrangement of
the collection surface required;
f) When so determined by the competent body that
must rule on Artistic Historic protection.
TABLE 3: SPANISH RELEVANT REGULATION
29
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Final
3.3. GREECE
Under the current project different RES systems (PV, wind turbines, geothermal systems,
biomass and, solar heating and cooling systems) were investigated in order to be integrated
into the three buildings. Small wind turbines have very little opportunity in the Greek urban
areas, particularly due to the disturbance they cause on the neighboring buildings and the
reduced wind potential. The geothermal heat pump, although very efficient, is difficult to be
installed in a dense built environment. This is due to a lack of space, and, in the case of Alimos
City Hall, there was a lack of space to accommodate the drilling rig.
Also, innovative technologies that could contribute in achieving nZEB levels are still new on the
market and costly. An example of this situation is the high price of solar cooling due to low
market penetration. The use of DHW15 according to Greek regulation, assumed as negligible
for buildings of the tertiary sector and, for this reason, the installation of solar heating systems
were not investigated.
The most suitable and feasible solution for these buildings is the roof PV system. More specific
the details for the proposed RES for the three buildings of Alimos Municipality which were
examined, are described below.
Requirements
Power (kW)
City Hall
The PV panels will be placed nearly due south with a
fixed slope of 25°. The system will be connected to the
low voltage grid via three-phase power.
Environmental Services Office
The PV panels will be placed due south with a fixed
slope of 25°. The photovoltaic system will be connected
to the low voltage grid via three-phase power.
Municipal Library
The PV panels will be placed in the south-facing with a
fixed slope of 25°. The photovoltaic system will be
connected to the low voltage grid via three-phase
power.
15.26 kWp
Source
Photovoltaic
26.7 kWp
5.76 kWp
TABLE 4: GREECE - PV INSTALLATION, REQUIREMENTS AND POWER
Requirements
Power (kW)
Municipal Library
The old heating system will be transformed to a new
Pellet boiler.
75 kW
Source
Biomass
TABLE 5: GREECE - BIOMASS USE, REQUIREMENTS AND POWER
15
DHW: Domestic Hot Water
30
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Final

PV
In order to get the approval to install PV <500 kWp an application is submitted to the
HELLENIC ELECTRICITY DISTRIBUTION NETWORK OPERATOR S.A (HEDNO) and
afterward HEDNO issues the Connection Offer. The owner of the PV system submits
the approval of the small-scale works which is prerequisite in order for the Connection
Contract to be signed. The procedure is completed with the award of the Power
Purchase Agreement.
For PVs <500 kWp there are two levels of compensation.
The self-production is offset by consumption during the year (net-metering)
Compensation with feed-in-tariff (FiT)
For PVs 500 kWp to 1 MWp there is only the compensation with feed-in-tariff. The
licensing procedure is the same as above.
For PVs≥1 MWp there is only the compensation with feed-in-tariff. Extra licenses
which are required are the Production and Installation Licences.

Wind Turbine
Regarding small wind turbines, the upper limit for the installed power into urban area
is 20 kW. An application has to be submitted to the HELLENIC TRANSMISSION SYSTEM
OPERATOR S.A (HTSO) in order to be issued the offer for the Connection Terms. The
approval of the offer and the small-scale works permission, are prerequisites in order
to be signed the Connection Contract.

Biomass
The use of biomass for the heating the buildings, has no major legal restrictions.
Regarding the fuels, they have to be certified according to ΕΝ 14961−1. Additionally,
the biomass based heating systems have to satisfy all the provisions of ΕΝ 303.05 in
order to be achieved their proper operation.

Geothermal
The installation of a Geothermal Pump is allowed after getting the permission from the
Region where the property belongs. The relevant law contains some restrictions
regarding the permitted distance of the installation from other infrastructures,
buildings, etc. However, the permitted distance from the existing neighbouring
buildings, from the main underground pipelines and from medium voltage electricity
distribution lines can be reduced for installations inside the urban area. These
exceptions make feasible the use of geothermal into dense built environments, like
Alimos Municipality.
In order to choose the optimum type of RES for these specific buildings, a study was
undertaken. The results show that there are no legal restrictions and the final choice mainly
based on the optimum combination of performance and cost.
31
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Final
The regulations regarding the use of RES as well as the energy efficiency in buildings can be
found in the website of the Ministry of Reconstruction of Production, Environment & Energy
(http://www.ypeka.gr/Default.aspx?tabid=285&language=el-GR) and the Hellenic Electricity
Distribution Network Operator S.A (http://www.deddie.gr/el).
The following is a selection of most pertinent legislation:

New Building Regulation L.4067, Greek Government Gazette Α΄79/9.04.2012

Net – Metering Ministerial Decision ΑΠΕΗΛ/Α/Φ1/οικ. 24461/30.12.2014 08/05/2015 start of implementation

N.3468/06 (Greek Government Gazette Α' 129/27-6-06): “Production of electricity
from renewable energy sources and combined heat and power high performance and
other provisions.”

Ν. 3175/2003 (Greek Government Gazette Α' 207/29-8-03), “Use of geothermal
potential, district heating and other provisions”

Ministerial Decision 13068/2009, “Installation permission for the exploitation of the
heat of the geological formations and water” (Greek Government Gazette Β’
1249/24.06.2009)

Joint Ministerial Decision Supplement of the Special program, Greek Government
Gazette B’ 1557/22.9.2010 “Integration PV into buildings”

Approval of Special Terms regarding the installation of PV systems and solar systems
on buildings and plots outside the city plan and in settlements, Greek Government
gazette Issue for Compulsory Expropriations and Urban Planning matters (AAΠ)
376/6.9.2010

N.3851/10 (Greek Government Gazette Α' 85/4-6-10): “Accelerating the development
of Renewable Energy to address climate change and other provisions governing the
jurisdiction of the Ministry of Environment, Energy and Climate Change.”

Amendment of the Joint Ministerial Decision, Greek Government Gazette Β’
2317/10.08.2012 “Pricing of electricity produced from PV systems”

Amendment of paragraph1, article 6 of the Greek Government Gazette
Β΄583/14.04.2011 (Greek Government Gazette Β΄14/11.01.2012) “Green roofs”

N.4014/2011, Greek Government Gazette A’ 209/21.09.2011 “Environmental licensing
of project and activities”

Amendments of Special Terms for the installation of PV systems and solar systems in
fields, plots and buildings, Greek Government Gazette Β΄583/14.04.2011

Approval of Special Terms for the installation of PVs and solar systems in fields, plots
and buildings outside the city plan, Greek Government Gazette Β΄1556/22.09.2010
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3.4. ITALY
Errore. L'origine riferimento non è stata trovata. presents the RES used in the building sector,
as well as its requirements and power.
Source
PV
BIOMASS,
LANDFILL
GAS,
RESIDUAL
Requirements16
Power
(kW)
PV systems attached to or integrated into the buildings’ roofs (their
regulation under the Legislative Decree n. 387/2003)
(i): Photovoltaic systems must have the same inclination and the
same orientation of the roof pitch and their equipment and
components should not change the shape of the buildings.
(ii) The surface of the photovoltaic system must not be bigger than
the surface of the roof.
Additional conditions: PHV systems cannot be installed in the
attributable to the Cultural Heritage and Landscape area (New
Heritage and Landscape Codex of 2004, Delegated Decree 42/2004)
any
PHV systems installed on existing buildings or their appurtenances,
not located in historic centers (their regulation under the Legislative
Decree n. 387/2003)
Details and limits regarding installation (heights, distances, etc.),
follow the urban planning laws and are regulated by the
Interministerial decree April 2, 1968, n. 1444
http://www.ambientediritto.it/Legislazione/URBANISTICA/DM1968
%20n.1444.htm (available only in Italian language).
PHV systems compatible with the trade of net metering, not located
in historic centers and installed on existing surfaces or their
appurtenances (Legislative Decree n. 387/2003)
PHV systems with panels installed on the buildings with total area
not exceeding the area of the roof, which do not fall in the previous
cases (Legislative Decree n. 387/2003)
0-200 kW
any
any
PHV modules are placed on the buildings; The total area of PHV any
panels must not be bigger than the one of the rooftop of the
building on which the modules are placed
Additional conditions: none
Systems operating in cogeneration mode up to 50 kWe (micro 0-50 kW
cogeneration) Legislative Decree n. 387/2003
Systems installed in existing buildings, must:
0-200 kW
1) comply with existing volume and surfaces;
16
Ministry of Economic Development, Ministerial Decree 10-9-2010, Linee guida per l'autorizzazione degli impianti
alimentati da fonti rinnovabil
33
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GASES
FROM
PURIFICATI
ON
PROCESSE
S AND
BIOGAS
WIND
HYDRO
POWER
AND
GEOTHER
MY
Final
2) do not involve changes to the intended use;
3) do not involve the structural parts of the building,;
4) do not increase in the number of building units;
5) do not increase urban parameters.
Systems operating in cogeneration mode up to 50 kWe
Systems supplied by biomass
50-1000
kW
0-200 kW
Systems supplied by landfill gas, residual gases from purification
processes and biogas
Individual wind power generators installed on the existing buildings
roof tops must have :
overall height not exceeding 1.5 meters and
diameter not exceeding 1 meter.
Additional conditions: systems cannot be installed in the
Heritage and Landscape Codex of 2004, Delegated Decree 42/2004)
Anemometer towers for temporary measurements (up to 36
months, removable structures)
Heritage and Landscape Codex of 2004, Delegated Decree 42/2004
Anemometer towers for measurement (over 36 months)
Heritage and Landscape Codex of 2004, Delegated Decree 42/2004
0-250 kW
Hydroelectric and geothermal systems installed in existing buildings,
must:
1) comply with existing volume and surfaces,
2) do not involve changes to the intended use
3 do not involve the structural parts of the building,
4) do not increase in the number of building units
5) do not increase urban parameters
Systems supplied by hydraulic source
0-200
kW
any
any
any
0-100
kW
TABLE 6: ITALY - TYPE OF RES USED, REQUIREMENTS AND POWER
3.4.2. AUTHORIZATION PROCEDURES AND DIVISION OF COMPETENCIES
The European Directive 2009/28 / EC, in order to encourage the development of renewable
energy sources, has required to Member States to ensure that the authorization procedures
are proportionate and necessary, as well as streamlined and expedited at the appropriate
administrative level. The approval of the Italian guidelines17 for the authorization of plants
powered by renewable sources and the Legislative Decree 28/2011 transposing the Directive
17 approved by the Ministerial Decree of 10 September 2010
34
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Final
2009/28 / EC in responding to this task, have redefined the whole picture of permits for
installations of Renewable Energy Sources in Italy. The Legislative Decree n. 387 of 2003
represents the juridical reference that governs the modalities and procedures for the
obtainment of authorizations needed for the construction and installation of plants powered
by Renewable Energy Sources. The formal procedures envisaged by the current legislation for
the construction and management of plants using renewable sources are three18:



Single Authorization
Simplified procedure habilitation
Communication to the Municipality
The following scheme summarizes the authorization process:
AUTHORIZATION PROCEDURES FOR CONSTRUCTION AND INSTALLATION OFPLANTS
POWERED BY RENEWABLE ENERGY SOURCES SYSTEMS
SIMPLIFIED PROCEDURE
HABILITATION 19(PAS)
COMMUNICATIONTO
THE MUNICIPALITY
The procedure was introduced by
article 12 of Legislative Decree
387/2003.
The procedure was
introduced by article 6 of
Legislative Decree
28/2011.
The procedure was
introduced by article 11
of Legislative Decree
115/2008 and it was
expanded by the law
73/2010
Region or delegated Province
Municipality
Municipality
The procedure lasts up to 90 days
The procedure is applied
through the mechanism
of tacit consent rule: if
30 days after the
presentation of the
simplified procedure it
has not been received
any notification /
communication by the
municipality, is possible
the commencement of
the work
The works may start
within 30 days after the
notification to the
municipality.
APPROVAL PERIOD
COMPETENCY
REGULATIONS
SINGLE AUTHORIZATION
18
GSE, Gestore Servizi Energetici, Autorizzazioni per gli impianti alimentati da fonti rinnovabili, article available in Italian language,
http://www.gse.it/it/EnergiaFacile/Autorizzazioni/Pagine/default.aspx
19
Simplified Procedure Habilitation: Procedura Abilitativa Semplificata (PAS)
35
SYNOPSIS
DeliverableD2.6
Final
Source
Power (kW)
Source
Power (kW)
PHOTOVOLTAIC
& Thermal
>20 kW
PHOTOVOLTAIC
& Thermal
< 20 kW
BIOMASS
WIND
>200 kW
>60 kW
BIOMASS
WIND
<200 kW
<60 kW
HYDRO POWER >100 kW
BIOGAS
>250 kW
Legislative Decree 387/2003
HYDRO POWER < 100 kW
BIOGAS
<250 kW
Legislative Decree 387/2003
TABLE 7: ITALY - AUTHORIZATION PROCEDURES FOR CONSTRUCTION AND INSTALLATION OF PLANTS POWERED BY RENEWABLE
ENERGY SOURCES SYSTEMS
Authorisation Procedures for construction and installation of plants powered by renewable
energy sources systems in the Region of Sicily20
Hereinafter, the paragraph focuses on some examples of authorisation procedures in the
Region of Sicily, as the Italian legislation differs from Region to Region 21even with the presence
of equal production plants.
The Single Authorization Procedure is under the competence of Region. The thresholds power
above which it is necessary having the single authorization is as follows:
Photovoltaic
> 1 MW
Hydroelectric
> 1 MW
Wind- power
> 60 kW
Biomass
>1 MW
Biogas
>1 MW
Geothermic
>1 MW
Below the above thresholds is sufficient the Simplified Procedure Habilitation or the
Communication, for which the competence belongs to the municipalities.
ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURES FOR PHOTOVOLTAIC PLANTS
In the case of plants subject to Environmental Impact Assessment22 and to Incidence
Assessment23 the competence belongs to the Region. The following types of plants fall within
the discipline of the Environmental Impact Assessment (EIA) or the Incidence Assessment (IA).
PHOTOVOLTAIC
HYDROELECTIC
WIND- POWER
Plants > 1 MW
 (IA) Plants > 100 kW (IA)
 Plants > 1 MW (IA)


Integrations > 200
 Procedures with
l/s (IA)
the participationof
the Ministry of
Cultural Heritage
(EIA)
BIOMASS
Plants > 50 MWt
(IA)
Plants> 150 MWt
(EIA)
GEOTHERMY
Investigation
permissions (IA)
20
http://www.gse.it/it/EnergiaFacile/Autorizzazioni/Pagine/Sicilia.aspx
According the Constitutional Law n°. 3/2001, the State and the Italian Regions competing in drawing up relevant regulations.
Specifically, the State determines the basic principles, while the Regions and Autonomous Provinces legislate in accordance with
the State guidelines.
22
Environmental Impact Assessment: Valutazione di Impatto Ambientale (commonly VIA)
23
Incidence Assessment: Verifica di Assoggettabilità (commonly VA)
21
36
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Final
In the last years several law changes affected the overall renewable energy sector in Italy. In
the section "Regulations" of the Ministry of Economic Development web site are available all
appropriate legislation related to the energy sector. All specific regulations regarding the use
of RES as well as the energy efficiency in buildings can be found in the website of ENEA.
http://www.sviluppoeconomico.gov.it/index.php/it/normativa
http://enerweb.casaccia.enea.it/enearegioni/UserFiles/Fontirinnovabili/datigenerali/datigener
The recent Italian regulatory framework is already complex. It starts with the Legislative
Decree 192/2005 (later amended by Legislative Decree no. 311/2006) and that is enriched by
the Regulations regarding the methods of calculation and the minimum requirements (DPR
59/2009) and finally by the Guidelines on the energy certification expressed by DM
26/06/2009.
Underneath, the table provides the most recent legislative framework with comments on the
recent changes in this legislation.
Year
Regulation
Comments
2005
Legislative Decree
n. 192 /
2005,amended by
Law 90/2013
o
Implementation of
Directive 2002/91 /
CE on the energy
performance of
buildings.
o
o
o
o
2013
Presidential
Decree 74/2013
Regulations
governing the
practice,
management and
control of thermal
plants for heating
and cooling.
o
o
New methodology for calculating the energy performance of
buildings and the ‘reference building’24;
New minimum energy performance requirements that
promote the cost optimal levels;
Definition of "nearly zero energy building" and drafting of
their implementation strategy. From 1/1/2021 all new
buildings must be nZEB (the buildings of Public
Administration since 2019);
Upgrading the energy performance certification system of
buildings25.The preparation of the EPA is required in the case
of construction, sale or lease of a building or a building unit,
as well for all buildings occupied by the Public
Administration;
Adoption of measures to establish a regular inspection of
heating and air conditioning systems of buildings.
The practice, management, control and maintenance of
thermal plants as well the compliance with all laws are levied
by the "plant manager", who is the owner, those who
occupancy the building unit, or the administrator in case of
multistory buildings;
A booklet is foreseen for the air conditioning plants system.
The rule also says that the booklets and reports on energy
efficiency will be drawn up by decree no later than 1 July
2013.
24
according to the building type and climatic zones
25
Energy Performance Certificate (EPC): Attestato di Prestazione Energetica, Energy (APE)
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o
o
Presidential
Decree 75/2013
o
The Regulation on
Accreditation of
Italian Energy
Certifiers
o
o
o
2010
Ministerial Decree
10/9/2010
Guidelines for the
authorization of
plants powered by
renewable sources
and technical
guidelines for such
plants
2013
26
Law Decree
Final
The legislator considered necessary to create a register of the
plants in order to carry out inspections and controls.
The inspections are planned giving priority to installations
which not received the inspection report for energy
efficiency, or who have a seniority over 15 years,
The Presidential Decree 75/2013 allows to carry out the
business of Energy Certification for qualified personnel (with
a degree in architecture, engineering, agriculture, forestry, or
with a diploma in industrial or land surveyor) who have
attended a specific 64 hours long training course, the
contents of which are fixed by the Attachment no.1 to the
DPR and that will be promoted by public entities, universities
and professional associations.
Some categories are exempted from the course: the
technicians (recognized by their own College or Register)
already in possession of a professional qualification related to
the design of the buildings and of the plants serving the
buildings themselves. If, however, the technician does not
have all of the necessary skills, it will be obliged to work in
partnership with another skilled engineer.
The Certifiers shall state not to have conflicts of interest with
the designers, the builders and the manufacturers of the
equipment involved in the construction or in the renovation
of the building to be certificated.
Finally also some public bodies (accredited to perform
inspection activities in buildings and facilities), as well as
Energy Service Company (ESCo), can carry out energy
certifications.
o The Italian Guidelines for the authorization of plants powered
by renewable sources regulate the procedures for projects
installing and operating plants fueled by renewable recourses
and ancillary works.
o The decree was issued in implementation of Legislative
Decree29 December 2003n. 387, concerning implementation
of Directive 2007/77/EC on promotion of electricity produced
from renewable energy sources, art. 1226
o The text explains the different types of authorization
processes (i.e.: free building activity, commencement notice
or unique procedure) in relation to the complexity of the
intervention and the context in which the project is located
differentiating for each energy source category (solar,
biomass-gas landfill-biogas, wind, hydro and geothermal).
Article 5: Obligations concerning nearly-zero energy buildings:
art. 12: Rationalisation and simplification of procedures.
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o from 31 December 2018, all new buildings, occupied and/or
of property of public administration, including schools, must
be nearly zero energy buildings;
Urgent measures for
o since 1 January 2021, this provision will be extended to all
the transposition of
new buildings;
Directive 2010/31 /
EU of the European
o before 31 December 2014, there is the obligation to define
Parliament and of the
the Action Plan for the promotion of nearly zero energy
Council of 19 May
buildings approved by Decree of the Minister of Economic
2010 on the energy
Development.
63/2013 and Law
90/2013
performance of
buildings to the
definition of
infringement
proceedings launched
by the European
Commission as well
as other provisions
on social cohesion
2014
Legislative Decree
102/2014
Implementation of
Directive 2012/27 /
EU on energy
efficiency, amending
Directives 2009/125 /
CE and 2010/30 / EU
and repealing
Directives 2004/8 /
CE and 2006/32 / EC
Action Plan:
o Strategy for energy improvement of Italian building stock27
o Energy improvement plan for Central Public Administration28:
for the implementation of this plan, it was established a
control booth chaired by the Ministry of Economic
Development and involving the Italian Ministry of the
Environment and Protection of Land and Sea.
29
o Action plan for the nearly zero energy buildings , which
should include, among other things, the following elements:
 the definition of nearly zero energy buildings to different
types of buildings and quantitative indicators of primary
energy consumption (kWh / m² year);
 policies and financial arrangements and other measures
to promote nearly zero energy buildings including
information relating to national measures for the
integration of renewable sources in the buildings, in
agreement with EU directive 2009/28/CE and Legislative
Decree 28/11 ;
 the identification, in specific cases and in accordance
with cost-benefit analysis on the economic lifecycle, of
the unenforceability or its partial application;
 the intermediate objectives of improving the energy
performance of new buildings by 2015 (Decree 90/13).
TABLE 8: ITALIAN RELEVANT REGULATION
27
strategy for energy improvement of Italian building stock: strategia per la riqualificazione energetica del parco
immobiliare nazionale (STREPIN)
28
energy improvement plan for Central Public Administration: Piano riqualificazione energetica per Pubbliche
Amministrazioni Centrali (PREPAC)
29
Action plan for the nearly zero energy buildings: Piano d'azione per gli edifici a energia quasi zero (PANZEB)
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Derogations
Currently under definition phase
They are excluded from the application of the minimum energy performance requirements:


the retrofit of building envelope which involves finishing layers, internal or external,
irrelevant from the thermal point of view (such as painting), or the renovation of
plasters covering a surface less than 10% of the gross building surface
the interventions of ordinary maintenance on existing thermal plants.
The U-values are increasing by 30% in the case of retrofit of the opaque envelope, which
foresee internal and/or cavity thermal insulation, regardless of the size of the involved area
National incentives




30
Fund for Energy Efficiency:
Fund provided by legislative decree 102/2014 in energy efficiency of buildings)
Tax deduction 65%:
Measures to promote energy efficiency in buildings or apartments.
30
Energy Efficiency Certificates (“
Promoting efficiency in every final use, as well several technologies such as solar
collectors, heat pumps, cogeneration etc. Enhance the energy savings achieved as a
result of energy efficiency interventions.
“Conto termico”:
Decree 28 dicembre 2012 of Ministery of Economic Development. The aim is to
promote and encourage energy efficiency in public buildings. The decree can also be
used by private parties only for actions related to energy efficiency of plants.
Energy Efficiency Certificates: Titoli di Efficienza Energetica (TEE) Certificati Bianchi
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Final
ISSUES WITH REGULATIONS, STANDARDS AND ADMINISTRATIVE
PROCEDURES
4.1. PORTUGAL
4.1.1. ENVIRONMENTAL OBSTACLES AND GAPS IN THE REGULATORY FRAME
Description of the problem/s
There are no major environmental obstacles or gaps (for instance opposition of environmental
groups) to the installation of energy efficiency technologies and renewable energy in buildings.
Proposal/s
None.
4.1.2. RENEWABLE ENERGY TECHNOLOGIES OBSTACLES AND GAPS IN THE REGULATORY FRAME
In classified buildings the protection rules usually impose strong limitations to the installation
of renewable energy technologies. For instance, the regulation for the buildings inscribed on
the World Heritage List of UNESCO in the property called University of Coimbra — Alta and
Sofia (where the Coimbra Town Hall is included) allows the use of PV panels if integrated into
the roof, but limits it to a maximum area of 3 m 2 by building. This maximum area is adequate
for the small residential buildings in this property, but it is not adequate for large buildings
such as the Town Hall, since this very small area of PV is not enough to have a relevant impact
on the building’s energy performance and with such restriction it is not possible to achieve a
nZEB level.
Other restriction to the large scale installation of renewable energy technologies is the tariff.
Nowadays the tariffs intend to promote the self-consumption of electricity, being the
generation used to avoid consumption from the electrical grid. When the energy is injected
into the electrical grid the tariff is very low and reduces the cost-effectiveness of the
generation facility. In buildings with a high installed capacity in renewables the real-time
generation can often be larger than the consumption and in this situation the surplus of
energy must be injected into the grid with a low tariff (about 4 €c/kWh). Therefore, in
buildings with enough RES generation to be considered a ZEB the cost effectiveness of the RES
generation technologies will be low.
Proposal/s
Regarding the integration of PV panels in classified buildings, the maximum area should be
defined in a percentage of the total roof area and not using a fix area to all buildings, therefore
taking into account buildings with very different dimensions. The maximum area should also
not be very restrictive if solutions to minimize its visual impact (such as solar tiles) are
adopted.
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Regarding the tariffs for the PV generation, the energy injected into the grid will cause an
increase of the costs of the grid management. Therefore, the actual solution to pay such
energy with a price lower than the average price in the wholesale market is correct. Otherwise
the extra costs in the grid management would be paid by the users without PV generation,
creating an unfair cross-subsidisation. The solution to such problem is not a change in the
actual tariffs, but a promotion of energy storage solutions to ensure a better local generation
and consumption matching to avoid the injection of energy into the grid (in periods when the
grid do not needed). Since such solutions still present very high costs, there is a need of
financial support to energy storage technologies.
4.1.3. TECHNOLOGY –
SPECIFIC OBSTACLES AND GAPS IN THE REGULATORY FRAME FOR
APPLICATION AND USE IN URBAN AREAS
There are no relevant specific obstacles and gaps to the use of efficient technologies (e.g.
lighting or HVAC) in urban areas.
Proposal/s
None.
4.1.4. TECHNOLOGY SPECIFIC OBSTACLES AND GAPS IN THE REGULATORY FRAME
CONCERNING THE
DEEP RENOVATION OF BUILDING ENVELOPE
In classified buildings the protection rules usually impose strong limitations to the renovation
of the building envelop and openings. For instance, the regulation for the buildings inscribed
on the World Heritage List of UNESCO in the property called University of Coimbra — Alta and
Sofia (where the Coimbra Town Hall is included) does not allow the replacement of the
windows by double glazed windows using standard solutions; because the original frame must
be kept (the usual solution is to implement other window in the interior).Since these frames
have to be specifically designed to this building, this cannot be ensured with standard
solutions available in the market, and would have a high cost.
Proposal/s
The protection rules should allow the replacement of frames in order to ensure double glazed
windows if the original material and design is kept.
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4.2. SPAIN
There are currently two sets of regulations – that which govern places of historic significance
and those which deal with energy efficiency. The problem is that there is little overlap
between the two. This creates gaps in the law and can lead to administrative issues as to what
is more important- the historic integrity or energy efficiency and RES. Another very important
issue with the current regulations is that incentives have been discontinued.
Proposal/s
Develop specific regulations, standards and good practice examples of energy efficient
measures in historic structures at various levels.
Propose regulations that exempt significant national or regional structures that are more
concrete from energy efficiency requirements.
Create an energy sharing market between new structures or existing structures that are not
important historically with structures that are significant. A new structure therefore can
exceed the regulations and “trade” the excess to historic structures to preserve their integrity.
Re-start current incentives with a new focus
One of the most significant problems or obstacles related to renewable energy technologies in
terms of historic structures is the restricted space in historic city centres, the small size of most
structures and their locations. The location of historic city centres within valleys and
unavailability of open space that blocks wind almost completely eliminates the possibility of
wind power. This situation also seriously reduces the possibility of solar power. Most
structures are small and with traditional roofs and the PV solar cells require large amounts of
space. Solar power can be used for domestic hot water but these disrupt the skylines of most
historic cities.
Biomass heating and cogeneration for electricity is a viable option but the scale is limited and
installation expensive. This is reflected in the gaps in the regulatory framework as the laws or
structures are not in place to ´trade´ power easily or protect historic city centres.
Proposal/s
Develop an energy sharing market
Invest in laws and regulations that promote technology such as micro wind RES or low
transmission technology (wind or solar RES can be placed on other non historic structures or in
the country side and the power transmitted)
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Essentially these are the same as above. The same gaps and obstacles exist in the regulatory
framework for applications in all types between energy efficiency in urban areas.
Proposal/s
See the section above
CONCERNING THE
In the Spanish National Renewable Energy Plan (PER) 2011-2020
With respect to technical or corresponding exemptions to implementing rules, the principle
concern among these is focused on due causes the prohibition by installing collectors for
Historical-protection standards heritage. This aspect becomes important in some regions,
mainly in historic centres, reach an average penetration above 7%. The causes of exemption
overproduction are less than 1% and shadows reached 3%.
On the other hand, there is another kind of exemptions that has affected to a greater extent to
penetration, in this case it comes to exemptions replacement by other renewable technologies
as they can be biomass boilers, micro and geothermal heat pumps. The degree of penetration
of such exemption is closely linked to the geographical area. Several factors affect the degree
of penetration of each technology, as they are knowledge of the different agents involved in
the execution of the building on the existence the possibility to perform this replacement in
aid or subsidies that these technologies they can enjoy or other competitive advantages these
might make against solar energy
Thermal - With respect to the degree of non-compliance, this is incorrect focuses primarily on
design and implementation facilities. It is estimated that production end would be affected
around 90% of the estimated for this reason. Given the above limitations we must, of
estimated evolution for energy solar resulting from the application of the CTE until 2020, the
residential sector will be the main architect of growth and growth in the range for 2010-2020
will be 3.4 million m2
Proposal/s
There is significant overlap at both the national Spanish legislation and the European
legislation. This is because of the tight integration between the national and European levels.
In drafting the European standards the decision makers are often in close consultation. Often
there is a lag time before national endorsement but nevertheless there are many similarities –
in both historic structure protection and energy policy. Where there is a large gap, as
mentioned before, is between these two policies.
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4.3. GREECE
The design options that have been studied were developed in agreement with the current
regulatory framework without facing any obstacle or gap.

The Ministerial decision ΑΠΕΗΛ/Α/Φ1/οικ. 24461/30.12.2014 for self-production does
not foresee the installation of a photovoltaic system in another location than that of
consumption (which is allowed by law N.3851/2010). Also a building owner, for
example a public entity, cannot benefit from a surplus of generated electricity in one
of the buildings to offset the consumption in another building.
Proposal/s

According to Hellenic Association of Photovoltaic Companies (HELAPCO), a virtual netmetering should be enabled, namely the correlation and offset of a consumption with
the production from a PV system which is not located on the site where this
consumption takes place. For this reason, it is proposed to amend paragraph 7 and 10
of art. 1 of Ministerial Decision ΑΠΕΗΛ/Α/Φ1/οικ. 24461/30.12.2014.
The design options that have been studied were developed in agreement with the current
regulatory framework without facing any obstacle or gap
CONCERNING THE

For any building project in the public sector a contract is awarded based on the lowest
price offered. The procedure does not take into account any cost-effective indicator.
This is not imposed by the legislation, but in practice an offer which does not ensure
the lowest price, is very difficult to be approved. This practice does not facilitate the
concept of the nZEB renovations, for which the financial appraisal is based on the life
cycle cost of the renovation options.
Proposal/s

The regulation regarding the nZEB definition is expected to change the contract
awarding method and introduce requirements that will take into account the energy
conservation and the payback period. The same requirement will have to be adopted
for the "Green Public Procurements" too, which up to now are optional and are not a
priority for the Municipalities.
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4.4. ITALY
Italy has regulations of superordinate planning (such as the Landscape Plan, the Forestry Plan,
etc.) compared to the Urban Development Plan31, which have the aim to protect the
landscape, the environment and the territory.
These different regulations provide rules that often create difficulties to the implementation of
renewable energy sources and the development of new infrastructures, as there are
interferences with technological networks. (i.e.: the Sicilian Landscape Plan- in some areas
prevents the construction of networking infrastructure and / or connections for electrical
energy distribution and / or new plants for energy distribution.
Practically, it may be impossible the implementation of systems of autoproduction of
electricity on some existing buildings (such as to classify the buildings as nZEB) due to the
impossibility of achieving the necessary networking infrastructure for the connection
Other environmental obstacles, or better constraints, deriving from:
 The Legislative Decree 42/2004 and subsequent modifications (New Heritage and
Landscape Codex of 2004).
32
 Eventual compatibility with the Area Plan for Parks
 Eventual effects with Sites of Community Importance33, Special Protection Areas34,
35
Special Conservation Areas
It seems that territorial interests are placed on an antagonistic position in relation to
Renewable Energy Sources plant’s construction and operation. On the other hand, the national
level steadily supports RES plants’ development through incentives, and information and
awareness campaigns.
Basically, it is paradoxical that on one hand the National Energy Strategy, issued by the
Ministry of Economic Development, requires the implementation of energy efficiency and
autoproduction of energy (essential for achieving nZEB) while on the other hand, regulations
like the Landscape Plan of Sicily Region do not allow, in some areas, the possibility of pursuing
the national strategy.
31
32
33
34
35
Urban Development Plan: Piano Regolatore Generale (PRG)
Area Plan for Parks: Piano d’area per I Parchi.
Sites of Community Importance: Siti di Importanza Communitaria (SIC)
Special Protection Areas: Zone di Protezione Speciale (ZPS)
Special Conservation Areas: Zone Speciali di Conservazione (ZSC)
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Proposal/s
It would need a framework law, which establishes priorities and removes conflicts and
overlaps between the instruments of environmental planning and protection. This law must
refer to the insertion of technology inspired by the objectives of the national energy strategy,
giving a uniform planning in various territories. In the case that Renewable Energy Sources
plants construction and operation in some territories must be forbidden, the public authority
needs to give an alternative, in order not to invalidated the homogeneity features of the
national law underpinning the protection of other general values of the Italian legal order,
such as for instance, the principle of competition on equal terms throughout the country.
In Italy there are obstacles or resistances deriving from environmentalist Institutions and/or
Associations, able to create movements of opinion, which often fail to influence the decisionmakers for the authorization process, as the installation of wind turbines. For example, the
construction of wind parks is often countered by environmental organizations that are able to
affect the authorization process of projects.
Proposal/s
Launch a process of public awareness on the adoption of Renewable energy, and compare the
benefits of Renewable Energy Sources with other, non-renewable sources.
Often, for historical and architectural reasons, it is impossible to implement technologies for
autoproduction from renewable energy sources integrated to the buildings. This entails the
need to move the implementation of similar interventions in neighboring areas, in order to
ensure the required production. However, the density of the urban area, often does not allow
the construction of similar interventions in proximity to the consumption points.
Proposal/s
Oblige the municipalities, through the regulatory frame, to implement projects, in order to
balance the effects of buildings emissions by the production of a quantity of electric power at
least equal to the needs of building consumptions.
Use contractual instruments to ensure the production of energy from renewable energy
sources to an extent at least equal to the needs of the unit of consumption also in areas
outside of the urban texture, but under municipal responsibility (Contracts of withdrawal and
return the energy produced to the point of consumption). In similitutudine della normative
europea ETS
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CONCERNING THE
The wealth of historical and artistic heritage of the Italian territory creates significant
difficulties on the implementation of buildings' retrofit, as is very difficult guaranteed the
building preservation and maintaining the values and the aesthetical characteristics of the
historic buildings.
In particular, the redistribution of internal volumes and the implementation of new
technologies for external partitions, transparent and / or opaque, are in conflict with the
concept of heritage conservation in accordance with its original conception.
In addition, there is the obvious difficulty to apply technologies of energy self production from
renewable sources in situ.
Futhermore, there are difficulties in applying the deep renovation caused, in most cases, by a
regulatory framework not well integrated and coordinated by a higher rule in the hierarchy
and caused, also, by the lack of simplified procedures for projects on buildings’ energy
efficiency. For example, projects like CERtuS case studies required a plurality of opinions and
clearance, as:






Civil Engineering;
Superintendence for Environmental and Architectural Heritage;
Fire department for the aspects of fire prevention;
Manager of the electricity grid, for aspects of autoproduction production from solar
energy;
Technical Office of the Municipality for opinions and authorizations
Etc.
The execution of any work concerning Cultural Heritage buildings is subject to prior
authorisation by the competent body of the Ministry of Cultural Heritage. These procedures
are due to the need to verify and ensure whether works are realised according the measures
of Legislative Decree 42/2004 and if have been obtained opinions regarding the landscape
authorisation, according ex article 146, of Legislative Decree 42/2004. These processes of
opinions and authorisations occur for each specific case without a procedure that frames the
authorization process for projects of energy efficiency.
This entails of delays, extending the authorization process, causing uncertainty in investment
and removing the interest from potential private partners. It also increases the commitment of
the designer resulting in increase of cost and making the process of renovation a complex
process whilst this process could be standardized.
Proposal/s
 Reduce significantly the number of actors involved in the authorization procedures
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 Create a legal framework through a catalogue of possible interventions (Guidelines),
given the priority of strategic action for nZEB, which actually simplifies the
authorization process by providing certainty with respect to response time and costs.
 The integration of Renewable sources requires a multi and inter -disciplinary project,
careful to ensure the compatibility, reversibility and the integration of the
intervention.
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5.
Final
OVERLAP WITH OTHER DIRECTIVES / LEGISLATIONS
(European/National level environmental protection; Energy Efficiency; Regional/local level/planning regulations)
5.1. PORTUGAL
In Portugal there are no legislation at regional or local level with impact on the
implementation of energy efficiency technologies and renewable energy in buildings.
There are also no major overlaps between the European and national legislation. When
overlaps exist they are just temporary, during the process of transposition of the European
legislation to the national law.
5.2. SPAIN
In Spain there are no legislation with impact on the implementation of energy efficiency
technologies and renewable energy in buildings.
There are also no major overlaps between the European and national legislation. When
overlaps exist they are just temporary, during the process of transposition of the European
legislation to the national law.
5.3. GREECE
In Greece there is no legislation produced at regional or local level. The legislation is produced
by the central Government only. Therefore, there is not any risk for overlaps.
Regarding the overlaps between the European and national legislation, there may be minor
ones for a very short period until the complete transposition of the European legislation in the
national one.
5.4. ITALY
In Italy there is a procedural overlap. The complexity of rules and processes leads to an actual
overlaps of procedural modules in function of the plurality of required permissions.
There are no major overlaps between the European and national legislation. When overlaps
exist they are just temporary, during the process of transposition of the European legislation to
the national law.
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Final
CONCLUSIONS AND FINAL RECOMMENDATIONS
6.1. PORTUGAL
In Portugal there are no relevant environmental obstacles or regulatory gaps to the installation
of energy efficiency technologies and renewable energy in buildings and its use in urban areas
The major obstacles to the use of renewable energy technologies and to the deep renovation
of the building envelope are the protection rules in classified buildings. For instance, some
regulations allow the use of PV panels if integrated into the roof, but limit it to a very small
area by building. It is recommended to define the maximum area in a percentage of the total
roof area and not to use a fix area to all buildings. The maximum area should also not be very
restrictive if solutions to minimize its visual impact are adopted. It is also recommended to
allow the implementation of changes in the building envelope using solutions to minimize the
visual impact (using the original material and design).
Other restriction to the large scale installation of renewable energy technologies is the tariff,
since the energy injected into the grid is penalized with a very low tariff. This tariff scheme is
correct in order to avoid an unfair cross-subsidisation between consumers, but it is
recommended the promotion of energy storage solutions to ensure a better local generation
and consumption matching to avoid the injection of energy into the grid.
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6.2. SPAIN
Construction is already difficult but made more so with the addition of two additional aspects
– historic structure conservation and energy efficiency. The combination of these two, often
conflicting objectives can make projects exponentially more complex. That is what makes this
project such a challenge. In order to tackle this challenge it was necessary to understand the
in-place regulatory framework at multiple levels regarding the built environment – the
purpose of this deliverable. The main recommendations that have come from this study for
regulations:
1. Inform decision makers as to the current difficulties and importance of achieving both
environmental and historic building protection
2. Create specific legislation that combines the two objectives:
3. Respect for historic structures and their environment
4. Protection of the environment through improved energy efficiency
5. Exceptions for nationally or regionally significant buildings from mandatory energy
efficiency requirements
6. Special incentives should be created to accomplish both objectives
7. Currently such regulations do exist at neither the European nor National levels and this
would close many gaps in the current legislation.
8. Increase knowledge of the existing regulations and how current or near term projects
can utilize and combine both sets of regulations – even when there are conflicts or
gaps
9. Build capacity and knowledge for existing practitioners (architects, engineers, clients)
as well as constructors so that they may recognize when and where to make proper
decisions.
10. Develop good practice examples and promote these examples that combine
conservation and energy efficiency as standards. These examples should exist at
several levels of historic significance from World Heritage status to local significance.
And from nZEB to not so nearly ZEB. They should be appropriate to their application.
11. Establish an energy trading market between historic structures and non-historic
structures. For example, a new or highly renovated building without historic
significance can create excess capacity and this could be traded to structures with
historic significance.
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6.3. GREECE
The current document presented an overview of the legislation pertinent to energy efficiency
and integration of RES in buildings. It also discussed the problems and gaps identified along
the renovation design of the three buildings of Alimos municipality. The treated buildings are
contemporary with an age of about 30 years. None of them is considered listed or designated
with a special status. Therefore, the regulatory frame that was investigated applies to new –
contemporary buildings as listed buildings are subject to a stricter legislation.
From the nZEB renovation studies for the three public buildings, important results were drawn.
The current laws for RES integration and energy interventions in buildings have been amended
and supplemented significantly in order to promote energy savings in the built environment.
For this reason, no major barriers and restrictions were faced during the renovation study as
the current technical solutions are allowed to be integrated.
However, in order to facilitate the achievement of very low energy consumption of
conventional fuels, the Government should amend the relevant regulation to allow a “virtual”
net-metering so that, buildings having the same owner (e.g. a Municipality) can compensate
electricity demand among them if there is surplus of electricity generation. The electric grid
should facilitate such an operation.
The main problem regarding the energy renovation of public buildings is that a renovation /
construction contract is awarded based on the lowest price and not on the amount of energy
conservation.
It is also important to note that there are many difficulties regarding the implementation of
the renovation plans by means of an ESCO model due to bureaucratic procedures and partial
implementation of the relevant legislation.
The solution of these issues combined with the specific definition of nZEB will complete the
legislation framework of the nZEB renovation not only in public but in private sector too.
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6.4. ITALY
During last two years important European directives on energy efficiency and energy
production from renewable sources have been adopted in Italy, but their full implementation
depends on several implementing decrees that may delay or are issued with huge delay.
Among these, the Ministerial Decree containing the roadmap to implement the objective of
energy retrofit every year from 2014 to 2020 at least 3% of the floor area of the Public
Administration buildings. According to the EC Directive 31/2010 the existing public buildings
destined to energy savings renovation, often are in bad maintenance status and this do not
facilitate their retrofit in terms of energy. Furthermore, the fact that big part of public
buildings is historic and therefore listed complicates matters even more.
This report gives an overview of the most important aspects that should be taken into account
on the legal and regulatory framework, outlining obstacles and gaps and trying to define
compensatory measures for each specific obstacle.
What is currently needed and it is evident from the foregoing analysis is a single control booth
composed of members of the relevant ministries and as the legislative text on energy
efficiency in buildings, that also takes into account the historical buildings.
In Italy there are obstacles to the application of nZEB Directive depending essentially by a set
of rules that, until now, have focused on other aspects than those of energy management of
buildings.
It is therefore necessary to promote cultural integration campaign between the competent
authorities issuing the permits, the central agencies and the citizens. Regarding the latter
should be motivated the need to achieve nZEB buildings, not because it is required by law, but
as an opportunity for the reduction of the management costs.
Other possible actions could be:



36
Declarators: the definition of a coherent strategy setting out the priorities for the
reduction of energy requirements of buildings and the ability to compensate, where
the energy autoproduction is not feasible, through control systems based on the
model of EU ETS36, in the within of each Municipality;
Training: Launch a unique integration process between the authorization bodies by
sharing specific objectives for energy efficiency, on the architectural heritage and
landscape
Popular: through specific actions to increase public awareness
EU ETS: European Union Emissions Trading System.
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REFERENCES

Energy 2020 A strategy for competitive, sustainable and secure energy. Directorate
General for Energy, European Commission, 2011
https://ec.europa.eu/energy/sites/ener/files/documents/2011_energy2020_en_0.pdf

Renewable energy, Moving towards a low carbon economy, Directorate General for
Energy, European Commission, 2011
https://ec.europa.eu/energy/en/topics/energy-strategy/2020-energy-strategy

C. Hudson, A. Schopp, K. Neuhoff, Financing of Energy Efficiency: Influences on
European Public Banks’ Actions and Ways Forward, Berlin, May 2013

COHERENO- collaboration for housing nearly zero energy renovation, Barriers and
opportunities for business collaboration in the nZEB single-family housing renovation
market, August 2014

ECOFYS, Overview of Member States information on nZEB- Working version of the
progress report-final report, October 2014.

Ecorys, Ecofys and BioIntelligence, Study to Support the Impact Assessment for the EU
Energy Saving Action Plan, 2010

Energy Efficiency Financial Institutions Group (EEFIG), Energy Efficiency – the first fuel
for the EU Economy How to drive new finance for energy efficiency investments, 2014

EPEC, Guidance on Energy Efficiency in Public Buildings, May 2012

European Public, Cooperative and Social Housing Providers Working for a Fair Energy
Transition, fair energy transiti0n t0wards nearly zer0 energy buildings, Progress
Report, March 2013

Joint Research Centre of the European Commission, financing energy efficiency:
forging the link between financing and project implementation, May 2010

NorthPass – Promotion of the Very low-energy house Concept to the North European
Building Market, Barriers to implementation of very low energy residential buildings
and how to overcome them, March 2011

SCI-Ntework, Procuring innovative and sustainable construction- A guide for European
public authorities, 2012

SuPerBuildings, Conclusions about the performance levels of buildings considering the
requirements of sustainable building and considering the economic and technological
barriers and regional differences, June 2011

T. Tsoutsos, S. Tournaki, C. Avellaner de Santos, R. Vercellotti, Nearly Zero Energy
Buildings Application in Mediterranean hotels, Energy Procedia 42 ( 2013 ) 230 – 238

ZEMedS -Zero Energy MEDiterranean Schools. www.zemeds.eu
55
DeliverableD2.6

Final
3ENCULT Project: http://www.3encult.eu/

EFFESUS Project: http://www.effesus.eu/

http://www.cne.es/cne/Home

http://www.wind-energy-the-facts.org/introduction--types-of-res-e-supportmechanisms.html

http://www.res-legal.eu/search-by-country/spain/summary/c/spain/s/rese/sum/196/lpid/195/

MINISTRY OF RECONSTRUCTION OF PRODUCTION, ENVIRONMENT & ENERGY

HELLENIC ASSOCIATION OF PHOTOVOLTAIC COMPANIES
http://helapco.gr

Antonia Pasqua Recchia, Problematiche e opportunità nell’uso delle fonti energetiche
rinnovabili nel patrimonio storico monumentale, Milano Fiera, 5 Ottobre 2011.

ENEA, Documento di predisposizione del piano d’Azione per l’Efficienza Energetica
2014
http://www.sviluppoeconomico.gov.it/images/stories/documenti/PAEE2014_ENEA_4gi
u_vers2003.pdf

GSE,Gestore Servizi energetici, Il quadro autorizzativo per impianti di produzione di
energia elettrica da fonti rinnovabili. Ricognizione della normativa nazionale e
regionale article available in Italian language,
http://www.gse.it/it/EnergiaFacile/Autorizzazioni/Documents/Autorizzazioni%20impia
nti%20FER.pdf

GSE, Gestore Servizi Energetici, Autorizzazioni per gli impianti alimentati da fonti
rinnovabili, article available in Italian language
http://www.gse.it/it/EnergiaFacile/Autorizzazioni/Pagine/default.aspx

ENEA, Rapporto Annuale Efficienza Energetica, RAEE, 2015
http://www.enea.it/it/produzione-scientifica/pdf-volumi/raee-2015.pdf
56
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Final
ACKNOWLEDGEMENTS
The research leading to these results has received funding from the Intelligent Energy Europe
Programme of the European Union under grant agreement IEE/13/906/SI2.675068.
57
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Disclaimer
The sole responsibility for the content of this publication lies with the authors. It does
not necessarily reflect the opinion of the European Union. Neither the EASME nor the
European Commission are responsible for any use that may be made of the
information.
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