1. Pro memorie
The energy performance certificate, or EPC for short, states the energy efficiency and consumption of a building unit in the form of an energy score (A+, A, B, C, D, E and F). Drawing up an EPC was first made compulsory in Flanders for residential buildings in 2008. Initially, it applied when selling a building and soon afterwards also when letting one.
Since then, the EPC regulations have continued to develop. For example, in 2023, the EPC Non-Residential (EPC NR) was also introduced. This must be drawn up for all non-residential building units whenever they are sold, a new rental contract is concluded or a lease or right of superficies is established.
Non-residential building units are all building units other than residential buildings, industrial buildings and agricultural buildings.
2. The EPC is made compulsory “at all times”
Since 1 January 2025, all large, non-residential building units in Flanders with a usable floor area greater than or equal to 1,000 m² must possess a valid EPC NR, regardless of whether they are sold (or transferred in some other way) or let.
Drawing up an EPC was therefore made compulsory for large, non-residential building units “at all times”.
It is important to note that this obligation to possess an EPC at all times only applies to large non-residential units: these are non-residential units that are not small non-residential units. A small, non-residential unit, for its part, is a building unit whose main designation is non-residential and has a usable floor area no greater than 500 m2. The contiguous whole of non-residential building units inside the same building of which the building unit forms part must also have a usable floor area no larger than 1,000 m2 and contain no non-residential unit larger than 500 m2.
It is also important to note that an EPC NR remains valid for a maximum of 5 years. To comply with the obligation to possess an EPC at all times, the EPC NR needs to be updated in a systematic way.
To prevent a situation in which the obligation to possess an EPC at all times leads to an EPC NR (or a new EPC NR) needing to be drawn up for buildings scheduled for demolition, the Flemish Government provides an exemption for non-residential building units for which a demolition permit has been issued, on condition that the demolition works concerned commence in a timely way and that the Flemish Energy and Climate Agency (VEKA) is notified of the request for exemption in good time.
3. New from 1 January 2026 onwards
From 1 January 2026 onwards, the obligation to possess an EPC at all times as referred to above will be expanded. All large, non-residential building units, including those with a usable floor area of less than 1,000 m², must possess an EPC NR, regardless of whether they are sold (or transferred in some other way) or let.
4. Minimum label requirement (label E) from 2030 onwards
The next step in the EPC NR regulations will apply from 1 January 2030 onwards and will require all large non-residential units to be in possession at all times of a valid EPC NR stating that the building has achieved at least a label E. The obligation to possess an EPC at all times is therefore being supplemented by an obligation to obtain a specific type of label as a minimum.
Relevant legislation:
Article 9.2.6 of the Energy Decree
Article 9.2.6/2. of the Energy Decree
Article 9.2.6/3. of the Energy Decree
