Legislation never stands still and the policy on the energy performance certificate (EPC) of non-residential buildings also has new obligations. But what do you all need to pay attention to and by when should it be in order? We list everything for you in this blog!

What constitutes non-residential building units?

Non-residential building units are buildings used primarily for purposes other than residential. These are units whose main purpose is office, school, health, sports, commercial, catering or meeting use. In addition, units in public or government buildings are also considered non-residential.

There are some building applications that we should not consider non-residential. The include the following uses:

• Living
• Industrial use (e.g. work or storage areas, sheds...etc.)
• Agriculture
• Honours and religious activities

In certain cases, certain uses are outside the scope of the non-residential housing units policy. These are the following exceptions:

• Temporary building units used for no more than 2 years
• Stand-alone buildings with a total usable floor area less than 50 m²

Structure and validity of an EPC non-residential

The energy performance certificate for non-residential building units consists of 2 parts:

1. Energy score: an objective reflection of the energy performance of a building unit and its heating, cooling, plumbing, hot water, lighting, humidification and ventilation systems. The impact of solar energy systems is not included as it is already taken into account in the energy label.
2. Energy label: the energy label is based on the share of renewable energy. This share consists of the ratio of the amount of renewable energy generated and used locally compared to the amount of energy (non-renewable and renewable) the building unit uses.

An EPC NR is only valid when drawn up by a type D energy expert. Real estate experts have recognised energy experts who can draw up a non-residential EPC for you.

After formatting, the certificate remains valid for 5 years.

Why an EPC for non-residential building units?

The EPC NR helps owners work towards the long-term goal of carbon neutrality. Among other things, it plays an important role for the renovation obligation that must be met within five years of the sale, letting or other transfer. Indeed, the non-residential EPC shows the minimum energy label to be achieved for this.

Current obligations for EPC NR

Since 1 January 2023, an energy performance certificate must be drawn up when a non-residential building is transferred and leased. Specifically, this means that an EPC NR must be provided in the following cases:

• On sale
• When concluding a new lease
• In the case of long leases
• In the case of building rights
• On all notarised transfers of full ownership (since 1 May 2023)

Buildings for which a demolition permit has been granted do not have to have an EPC drawn up. The building owner must notify this at least 1 month before the EPC is due for renewal and also prove that the demolition works were completed within 5 years.

Note: this exception does not apply in the case of a transfer. In notarised transfers, an EPC NR is always required.

Deadlines and future obligations EPC non-residential buildings

These obligations will be tightened step by step until every large non-residential building unit has an EPC by 2026. From 2030, this EPC must also show compliance with label E as a minimum.

The first set of buildings to have a non-residential EPC without a sale, lease or transfer are the large non-residential public and government buildings. So from then on, the current EPC public buildings cannot be used. Likewise, for public buildings with a usable floor area larger than 250m² a duty to hang out.

Obligations from 1 January 2025

All large non-residential buildings with a floor area greater than or equal to 1000m² must have an EPC NR. This irrespective of sale, lease or any other form of transfer.

Commitments from 1 January 2026

Large non-residential buildings with a floor area smaller than 1000m² must have an EPC NR. This too This regardless of sale, lease or any other form of transfer.

Commitments from 1 January 2028

In the next phase, all large building units of public and government buildings must have a valid non-residential EPC with at least an energy label E. An exception is community and subsidised education buildings.

Commitments from 1 January 2030

The latest tightening means that not only large building units of public and government buildings must have an EPC NR with at least label E, but all large non-residential buildings must meet these conditions.

Real estate experts is your partner for EPC non-residential

Our team of certified Type D energy experts will be happy to help you draw up an EPC NR for both large and small non-residential building units. Feel free to contact us with any questions or for a quote.