The provisions of the Ordinance, the date of entry into force of which the Government of the Brussels-Capital Region has yet to determine, will be incorporated into the existing Brussels Code of Air, Climate, and Energy Management. The Ordinance is part of the European climate goal to reduce greenhouse gas emissions by 47% by 2030.
Poorly insulated buildings have an impact on energy consumption. With the Ordinance, the Brussels-Capital Region aims to reduce the energy consumption of these buildings via three concrete measures: (i) the mandatory Energy Performance and Indoor Climate (Energieprestatie en Binnenklimaat (“EPB”) in Dutch or Performance Energétique des Bâtiments (“PEB”) in French) certificate, (ii) an obligation to renovate buildings with a poor Energy Performance and Indoor Climate score, and (iii) the decarbonization of buildings.
While the concept of Energy Performance and Indoor Climate certificates is implemented across all three regions, there is a lack of uniformity in the rules and procedures.
Holders of rights in rem on buildings are obliged to gradually carry out renovation works by 2033 and 2045. Different renovation requirements apply to new buildings, currently restricted to residential buildings, compared to existing buildings. Moreover, specific requirements are enforced for government buildings.
1. Energy Performance and Indoor Climate Certificate
So far, the Energy Performance and Indoor Climate certificate has only been required in the context of a sale or lease. The Ordinance extends this requirement to all existing buildings, regardless of whether a transaction takes place.
Within five years of the Ordinance coming into effect, every holder of a right in rem (co-owner, usufructuary, leaseholder, and building lessee) must possess an EPC for a building.
The EPC is a document containing information about the energy performance of a building, as well as recommendations for cost-effective improvements to energy performance and reduction of greenhouse gas emissions. The energy performance of a building is expressed in energy consumption in kWh/m² per year, the use of renewable energy, and CO² emissions in kgCO²/m² per year. The EPC is valid for ten years.
For efficient organization of EPCs within a co-ownership, the association of co-owners must appoint an EPC expert who prepares an EPC for each private plot and common areas or updates existing EPCs. The EPC expert compiles a summary report of the work to be carried out on the common areas.
Buildings used by governments receive a public building EPC that must be displayed in a visible place for the public.
2. Renovation Obligation for Energy-consuming Buildings
Existing Dwellings
Holders of a right in rem on existing dwellings located in the Brussels-Capital Region must comply with the following Energy Performance and Indoor Climate requirements:
- Within ten years of the Ordinance coming into force and no later than 2033, all dwellings must have an energy consumption that is lower or equal to 275 kWh/m² per year. This corresponds to an energy class E. Dwellings classified as energy class F and G must therefore undergo energy-related renovations within ten years.
- Within twenty years of the Ordinance coming into force and no later than 2045, all dwellings must have an energy consumption that is lower or equal to 150 kWh/m² per year. This corresponds to an energy class C. Dwellings classified as energy class D and E must therefore undergo energy-related renovations within twenty years.
Dwellings belonging to a public real estate manager must already comply with this requirement by 2040.
Often, only one or two improvements are sufficient to meet the new Energy Performance and Indoor Climate requirements, such as insulating the roof and replacing the heating system. In addition, the Brussels-Capital Region provides grants, loans, and guidance for renovation projects through the Renolution program.
In a co-ownership, it’s the association of co-owners’ responsibility to ensure that the common areas meet the new Energy Performance and Indoor Climate requirements.
New Buildings
Holders of right in rem on new buildings (including non-residential buildings) located in the Brussels-Capital Region must comply with the following Energy Performance and Indoor Climate requirements:
- From 31 December 2029, all new construction projects must meet the zero-emission requirement. A building that meets the zero-emission requirement demonstrates high energy performance, with either no or very low energy consumption, produces no greenhouse gas emissions from fossil fuels, and generates either no or very low levels of operational greenhouse gas emissions.
Exceptions
The Ordinance allows for a full or partial deviation from the Energy Performance and Indoor Climate requirements when compliance with those requirements is technically, functionally, or economically infeasible. To do so, the applicant must submit a request to Brussels Environment one year before the specified deadline to meet the Energy Performance and Indoor Climate requirements.
Government Buildings
In order to lead by example, regional and local governments must comply with strict Energy Performance and Indoor Climate requirements earlier than private entities, provided that they are cost-effective, economically feasible, aligned with sustainability and technically suitable, subject to granted deviations:
- Before 1 January 2030, governments may only purchase or lease buildings that exhibit zero-energy consumption. A building that meets zero-energy consumption has either no or very low energy consumption, achieved through high energy efficiency largely derived from renewable sources.
- From 1 January 2030, governments may only purchase or lease buildings that exhibit zero emissions.
From 31 December 2026, new construction projects belonging to or intended for use by a government must meet the zero-emission requirement and be equipped with appropriate solar energy production systems.
Sanctions
Buildings that fail to meet the Energy Performance and Indoor Climate requirements within the specified deadlines may incur administrative fines imposed by Brussels Environment.
The amount of the fines depends on the surface of the building and the difference between the imposed Energy Performance and Indoor Climate requirements and the actual Energy Performance and Indoor Climate score. The calculation is based on exceeding the norms for thermal insulation, ventilation facilities, total primary energy, risk of overheating, and net energy demand.
The affected party may receive a 50% reduction in fines if they commit to carrying out energy renovations within two years. If the energy renovations are not (fully) completed within the specified timeframe, the balance of the fine (proportionate to the part that is not completed) must still be paid.
When the common areas of a co-ownership do not meet the Energy Performance and Indoor Climate requirements, individual co-owners who can demonstrate that they have acted in good faith and have taken all necessary steps to have the energy renovation works approved by the general meeting of the co-owners’ association will automatically be exempt from fines for their share of the common areas.
3. Decarbonisation
One of the objectives under the Ordinance is the reduction of the use of fossil fuels such as natural gas and heating oil.
From 1 January 2025, all heating systems in new construction projects (and from 1 January 2030, also for heavily renovated buildings) must meet the following conditions:
- their heat generators must comply with ecodesign requirements and their heat may only be generated using electricity and/or energy from renewable sources; and/or
- the heating systems must be connected to an efficient thermal energy network.
From 1 June 2025, the installation of a new heating oil boiler is prohibited. The installation of a boiler powered by a liquid fuel must meet the following conditions:
- the boiler is solely powered by renewable liquid fuels (biomass); and
- its thermal efficiency and particle emissions must be equivalent to those of a gas condensing boiler.
