My new-build home doesn't meet the nearly zero-energy standard. Is the developer in breach?

What the Law Says

The legal obligation for new-build homes to meet the nearly zero-energy building (nZEB) standard stems from the EU’s Energy Performance of Buildings Directive, as recast in 2010 and reinforced in 2018.

Under the Energy Performance of Buildings Directive (EPBD), all new buildings must be nearly zero-energy buildings (nZEBs) by 31 December 2020. Public buildings occupied by public authorities had to meet this standard from 31 December 2018.

An nZEB is defined as a building that has a very high energy performance, where the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby.

Member States were required to set specific, measurable, and enforceable nZEB requirements — including numeric energy performance targets (e.g., maximum primary energy demand per m² per year) — and ensure compliance through certification, inspection, and enforcement mechanisms.

Statutory Text

Member States shall ensure that all new buildings are nearly zero-energy buildings as of 31 December 2020. All new buildings occupied and owned by public authorities are nearly zero-energy buildings as of 31 December 2018.

— Directive 2010/31/EU, Art. 9(1)

Sources