Energy Performance of Buildings Directive (EPBD) — Directiv

Which buildings in my portfolio still fail the nearly zero-energy standard, and what happens if I sell or rent one without a valid energy performance certificate?

Since 31 December 2020 every new building in the EU must meet the nearly zero-energy standard [Art. 9], and every sale or rental requires a valid energy performance certificate — Member States must impose effective, proportionate and dissuasive penalties for non-compliance [Art. 27].

Short Answer

Directive 2010/31/EU sets the EU-wide framework for minimum energy performance requirements, energy performance certificates (EPCs), and regular inspections of heating and air-conditioning systems. All new buildings must meet the nearly zero-energy building (NZEB) standard since 31 December 2020 [Art. 9(1)(a)]; public-authority buildings have been subject to the standard since 31 December 2018 [Art. 9(1)(b)]. Major renovations — defined as works exceeding 25 % of the building envelope surface or 25 % of the building value — trigger an obligation to upgrade to minimum energy performance requirements [Art. 7]. Non-residential buildings with HVAC systems above 290 kW must be equipped with building automation and control systems by 2025 [Art. 14(4), Art. 15(4)].

Who is affected

Owners, operators and developers of all residential and non-residential buildings within the EU are affected. Specific thresholds apply: major renovation triggers at 25 % of building envelope surface or 25 % of building value excluding land [Art. 2(10)]; heating and air-conditioning inspection requirements apply to systems with an effective rated output over 70 kW [Art. 14(1), Art. 15(1)]; building automation obligations apply to non-residential buildings with HVAC systems over 290 kW [Art. 14(4), Art. 15(4)]; EPC display is mandatory for public buildings over 250 m² frequently visited by the public [Art. 13(1)]; EV charging infrastructure is required for new non-residential buildings and major renovations with more than 10 parking spaces [Art. 8(2)].

Deadline

All key deadlines under this Directive have passed. The NZEB standard has been mandatory for all new buildings since 31 December 2020 [Art. 9(1)(a)]. Building automation for non-residential buildings over 290 kW was due by 2025 [Art. 14(4)]. EV charging infrastructure for non-residential buildings with more than 20 parking spaces was due by 1 January 2025 [Art. 8(3)]. Ongoing permanent obligations: EPC required at every construction, sale or rental [Art. 12(1)]; regular HVAC inspections for systems over 70 kW [Art. 14(1), Art. 15(1)]; minimum energy performance requirements reviewed at intervals not exceeding five years [Art. 4(1)]. Note: Directive (EU) 2024/1275 (EPBD recast) will replace this Directive; Member States must transpose most provisions by 29 May 2026.

Risk

Penalties are determined at the national level. The Directive requires Member States to establish penalties that are effective, proportionate and dissuasive [Art. 27]. In practice, national penalties vary: Germany (GEG) imposes fines up to EUR 50,000 for missing EPCs; France (Code de la construction) imposes fines for non-display of energy labels; other Member States apply similar administrative fines. For building owners, the most immediate commercial risk is that a missing or invalid EPC can block a sale or rental transaction.

Proof

Legal status

• In force
• as of 2026-04-17
• Consolidated version of 01.01.2021 (incorporating Directive 2018/844 and Regulation 2018/1999)

Primary sources

• EUR-Lex — Full text of the legal act
• European Commission — EPBD — EU building performance policy

What to do now

Legal / DPO

•Verify that national transposition of the NZEB standard is reflected in all building permit procedures — all new buildings must meet the nearly zero-energy requirement since 31 December 2020 [Art. 9(1)(a)].
•Ensure that every sale, rental and construction contract includes a valid energy performance certificate and that the EPC indicator appears in all commercial advertisements [Art. 12(1), Art. 12(4)].
•Monitor the transposition deadline for the EPBD recast (Directive 2024/1275) by 29 May 2026, as it will replace and tighten the obligations under this Directive [Art. 19].

Compliance

•Maintain an up-to-date register of all energy performance certificates across the building portfolio — EPCs are valid for a maximum of 10 years and must be renewed before sale or rental [Art. 11(8), Art. 12(1)].
•Schedule regular inspections for all heating systems and air-conditioning systems with an effective rated output exceeding 70 kW, including assessment of sizing and efficiency [Art. 14(1), Art. 15(1)].
•Confirm that all non-residential buildings with HVAC output exceeding 290 kW are equipped with building automation and control systems capable of continuous monitoring, benchmarking and cross-system communication [Art. 14(4), Art. 15(4)].

IT / Security

•Assess cybersecurity of building automation and control systems (BACS) installed under the 290 kW threshold — these systems must be interoperable across proprietary technologies and connected to other technical building systems [Art. 14(4)(c), Art. 15(4)(c)].
•Ensure that EPC databases and aggregated energy data shared for statistical and research purposes comply with applicable data protection requirements [Art. 10(6b)].
•Evaluate the smart readiness indicator (SRI) framework for grid-interactive buildings — systems that adapt operation to occupant needs and grid signals introduce new attack surfaces requiring network segmentation [Art. 8(10)].

Product / Engineering

•Design technical building systems to meet minimum system requirements for overall energy performance, proper installation, appropriate dimensioning, adjustment and control [Art. 8(1)].
•Integrate self-regulating temperature devices for room-by-room or zone-based regulation in new buildings and when replacing heat generators in existing buildings [Art. 8(1)].
•Ensure EV charging infrastructure compliance: at least one recharging point plus ducting for one in every five parking spaces in new non-residential buildings with more than 10 spaces; ducting for every space in new residential buildings with more than 10 spaces [Art. 8(2), Art. 8(5)].

Key Terms

Nearly zero-energy building (NZEB): A building with 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 on-site or nearby generation [Art. 2(2)].
Energy performance certificate (EPC): A certificate recognised by a Member State indicating the energy performance of a building or building unit, calculated according to the methodology adopted under Article 3, valid for a maximum of 10 years [Art. 2(12), Art. 11(8)].
Major renovation: Renovation where the total cost relating to the building envelope or technical systems exceeds 25 % of the building value (excluding land), or more than 25 % of the envelope surface is renovated [Art. 2(10)].
Technical building system: Technical equipment for space heating, cooling, ventilation, domestic hot water, built-in lighting, building automation and control, on-site electricity generation, or a combination thereof, including systems using renewable energy sources [Art. 2(3)].
Building automation and control system (BACS): A system comprising products, software and engineering services that supports energy efficient, economical and safe operation of technical building systems through automatic controls and facilitated manual management [Art. 2(3a)].
Cost-optimal level: The energy performance level that leads to the lowest cost during the estimated economic lifecycle, factoring in investment, maintenance, operating costs and disposal, within the range where cost-benefit analysis is positive [Art. 2(14)].
Building envelope: The integrated elements of a building that separate its interior from the outdoor environment, including walls, roof, floor, windows and doors [Art. 2(7)].
Primary energy: Energy from renewable and non-renewable sources which has not undergone any conversion or transformation process [Art. 2(5)].
Smart readiness indicator (SRI): An optional EU scheme rating a building's capability to adapt its operation to occupant needs and the grid, improving energy efficiency and overall performance, established by delegated act under Article 8(10).

Frequently Asked Questions

What qualifies as a 'nearly zero-energy building' under the EPBD?

A nearly zero-energy building (NZEB) is a building with very high energy performance, as determined under Annex I, 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 produced on-site or nearby [Art. 2(2)].

When is an energy performance certificate required?

An EPC must be issued when a building or building unit is constructed, sold or rented out to a new tenant [Art. 12(1)(a)]. Additionally, public buildings over 250 m² frequently visited by the public must have an EPC displayed in a prominent place [Art. 13(1)]. The EPC is valid for a maximum of 10 years [Art. 11(8)].

What triggers the 'major renovation' requirement?

A major renovation occurs when renovation costs relating to the building envelope or technical building systems exceed 25 % of the building value (excluding land), or when more than 25 % of the building envelope surface is renovated — Member States choose which criterion to apply [Art. 2(10)]. Major renovations must meet minimum energy performance requirements [Art. 7].

Which buildings are exempt from the EPBD requirements?

Member States may exempt: listed or heritage-protected buildings where compliance would unacceptably alter their character; places of worship; temporary buildings used for two years or less; residential buildings used less than four months per year with expected energy consumption under 25 % of year-round use; and stand-alone buildings under 50 m² [Art. 4(2)].

What are the HVAC inspection requirements?

Heating systems and air-conditioning systems with an effective rated output over 70 kW must undergo regular inspections, including assessment of efficiency and sizing [Art. 14(1), Art. 15(1)]. Systems explicitly covered by an energy performance contract or operated by a utility under performance monitoring are exempt [Art. 14(2), Art. 15(2)]. Buildings with building automation and control systems meeting the requirements of Art. 14(4) or 15(4) are also exempt [Art. 14(6), Art. 15(6)].

What are the EV charging infrastructure requirements?

New non-residential buildings and major renovations with more than 10 parking spaces must have at least one recharging point plus ducting for one in every five spaces [Art. 8(2)]. All non-residential buildings with more than 20 parking spaces must have a minimum number of recharging points by 1 January 2025 [Art. 8(3)]. New residential buildings with more than 10 parking spaces must have ducting for every space [Art. 8(5)].

How does the EPBD interact with the new recast Directive (EU) 2024/1275?

Directive (EU) 2024/1275 recasts and replaces Directive 2010/31/EU with significantly tightened requirements, including minimum energy performance standards for existing buildings, solar energy mandates and zero-emission building standards. Member States must transpose most provisions by 29 May 2026. Until transposition, the obligations under 2010/31/EU remain in force.

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