Legal Dimension of Thermal Insulation
According to the Energy Efficiency Law No. 5627 and the Energy Performance in Buildings regulation issued in accordance with this law, as of January 1, 2011, it has become mandatory to issue an Energy Identity Certificate in all buildings with a construction area of over 50 m². Failure to issue the Energy Identity Certificate has also brought many new sanctions and financial burdens, making thermal insulation compulsory. as follows:
Article 7 of the Energy Efficiency Law No. 5627 made the F/1/d Energy Performance Certificate a necessity and left the application procedures and principles to the Energy Performance in Buildings regulation.
Energy Efficiency Law No. 5627, Article 7 F/1/d) Energy identity certificate is issued within the scope of construction projects prepared in accordance with the regulation to be put into effect by the Ministry of Public Works and Settlement. In the energy identity document, information about the energy need of the building, insulation properties, efficiency of the heating and/or cooling systems and the energy consumption classification of the building are kept as a minimum. The other information to be included in the document, the renewal of the document and the procedures and principles regarding the implementation, including the existing buildings, shall be determined by a regulation to be prepared jointly with the Ministry and put into effect by the Ministry of Public Works and Settlement.
THE LAW OF INSULATION
According to the Energy Performance Regulation in Buildings,
Energy Performance Certificate is a document that contains information about the building's energy requirement, energy consumption classification, insulation properties and efficiency of heating and/or cooling systems as a minimum. Thus, it shows the Energy Performance of the building it is given. According to the Energy Performance Certificate, all buildings receive an Energy Class between the letters A and G. A means efficient building and G means inefficient building. A building that fully meets the required construction and insulation standards will receive C energy class.
It is obligatory to issue an Energy Identity Certificate as of January 1, 2011 in new buildings.
As of January 1, 2011, it has become mandatory to issue an Energy Identity Certificate in order to obtain building occupancy permits for newly constructed buildings in Turkey. In order to issue an Energy Identity Certificate for newly constructed buildings, the building must be constructed in a way that meets the building and insulation standards required by the Regulation on Energy Performance in Buildings. In other words, the energy class of newly built buildings should be maximum C. Otherwise, since the Energy Performance Certificate cannot be issued, the building occupancy permit will not be obtained.
ARTICLE 5 – (1) (Amendment: OG-1/4/2010-27539) The principles stipulated in this Regulation are taken into account in the design of new buildings, in major renovation projects requiring project change of existing buildings, and in mechanical and electrical installation changes, according to the characteristics of the building.
(2) If the architectural, mechanical and electrical projects of the building do not comply with the conditions stipulated in this Regulation in terms of energy economy, as well as other legal regulations, a construction permit shall not be issued by the relevant administration.
(3) If it is determined that the application has not been made according to the project in accordance with the principles of this Regulation, the building occupancy permit shall not be given to the building by the relevant administration until the detected deficiencies are corrected.
The necessity of thermal insulation project,
Another important issue that has been introduced with the Energy Performance Regulation in Buildings is the necessity of thermal insulation project. In order to obtain a building occupancy permit for newly constructed buildings, it is obligatory to prepare a thermal insulation project, the content of which is prepared in accordance with the legislation. Otherwise, the construction permit of the newly constructed building will not be obtained.
ARTICLE 10 - (1) In accordance with the provisions of this Regulation, the "heat insulation project" prepared by the authorized mechanical engineer according to the calculation method specified in the TS 825 standard is requested by the relevant administrations together with the installation project at the stage of issuing the building permit in accordance with the legislation on construction.
Existing buildings must obtain an Energy Performance Certificate until January 1, 2020.
Although it was made mandatory to issue Energy Performance Certificates in newly constructed buildings in Turkey as of January 1, 2011, the existing buildings were given time until 2020 to complete their Energy Performance Certificates. There is no energy class limitation for existing buildings. In other words, the energy class of your current building may be below the C class. According to the Regulation on Energy Performance in Buildings, if the energy class of your building is below the C class after 2020, many sanctions await the building owners. After 2017, it will be mandatory to submit an Energy Performance Certificate in all building purchases, sales and rentals. Again, thanks to the regulations to be made, the buildings will be subject to a taxation according to their energy class. Buildings that are classified in terms of energy classes can be taxed according to their waste energy efficiency, and they will pay the most tax according to their efficiency, with class G being the most taxable and class A being the least. In addition, after 2017, it will be mandatory to submit an Energy Performance Certificate in all building purchases, sales and rentals. Thus, the buyer or the lessor will know what the Energy Class of the building they have purchased is and will be able to make their choice accordingly. This will be reflected in the demand for buildings and building prices.
As a result, as of 2017, buildings without energy identity certificates will not be able to be bought, sold or leased, and they will have to pay higher taxes. In order to avoid such a situation, it has now become a necessity to insulate our existing uninsulated buildings.
ARTICLE 25 – (15) (Annex: OG-1/4/2010-27539) It is required that an energy identity document has been issued in works and transactions related to the purchase, sale and leasing of buildings or independent sections. During the sale or leasing phase of the building or independent section, the owner gives a copy of the energy performance certificate to the buyer or tenant.
PROVISIONAL ARTICLE 3 – (1) An Energy Performance Certificate is issued within ten years from the date of publication of the Energy Efficiency Law for existing buildings and buildings that are under construction but have not yet received a building occupancy permit. (The publication date of the Energy Efficiency Law is 02.05.2007.)