Energy label C for office buildings

As of 1 January 2023, office buildings must have at least energy label C. More specifically, this means a primary fossil energy consumption of up to 225 kWh per m2 per year (in other words: an energy index of 1.3 or better). If your building does not meet these requirements on 1 January 2023, you may no longer use or use the building as an office under the Building Decree 2012. By the way, this obligation does not apply to all offices.

Energy label C obligation

From 1 January 2023, it is prohibited to use an office building without a valid energy label with an energy index below 1.3. This means that each office building must have at least one energy label C. If an office building does not have an energy label C or better on 1 January 2023, it is prohibited under article 5.11 of the Building Decree 2012 to use or use that building as an office. By the way, this obligation does not apply to all offices. Indeed, article 5.11 of the 2012 Building Decree also includes four exceptions. In the following cases, the energy label C obligation does not apply:

for office buildings with a usable area of office functions less than 50% of the total usable area of the building of which the office building is part.
for office buildings whose total usable area of office functions and ancillary functions is less than 100 m²²;
for office buildings that belong to a category as referred to in article 2.2 of the Energy Performance Buildings Decree. This includes national monuments and office buildings that are used or expropriated for a maximum of two years.
if the costs of the measures that must be taken to comply with the obligation have a payback period of more than 10 years, the associated energy index will suffice. In that case, measures still need to be taken that have a payback period of up to 10 years.

Consequences

If your office building does not comply with the energy label C obligation on 1 January 2023, this can have a number of consequences.

If the office building is still used or put into use despite the ban, there is a risk of administrative enforcement. In that case, the municipality can take enforcement action by means of a warning, imposing an administrative order, a penalty order and possibly an administrative penalty. In addition, the municipality can also close the office building. However, it will vary from municipality to municipality how strict enforcement is.

In addition, if an office building does not have an energy label C or better, it will be more difficult for the office owners of that building to qualify for (re) financing.

In addition to such administrative sanctions, there is also a criminal penalty. After all, failure to comply with the energy label C obligation is a violation of the Economic Offences Act. However, practice will have to show how stringent enforcement will be.

Concluding. It is important for an office owner to take the necessary measures to comply with the energy label C obligation before 1 January 2023. After all, this is how you prevent possible administrative and/or criminal sanctions. Please note that you apply for an energy label in time. Indeed, if your office building does not yet have an energy label C or better on 1 January 2023, it is prohibited to use or use that office building.

If you have any further questions regarding the above, please feel free to contact our office.

Emmaly Hartman

lawyer

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