Elaboration of legal studies on EPBD provisions

This report examines three case studies which showcase interlinked legal and governance conditions for delivering on the renovation ambitions set by the Energy Performance of Buildings Directive (EPBD) in Member States.

Effective implementation of the Energy Performance of Buildings Directive (EPBD) will require not only technical ambition but also careful legal craftsmanship to ensure that ambitious renovation policies are underpinned by solid legal frameworks that protect citizens’ rights and distribute benefits and burdens equitably.

This report examines three interlinked legal and governance conditions for delivering renovation ambitions set by the EPBD. It looks at how:

  • national frameworks for building-related data can move from document-centric compliance to a reusable, interoperable data ecosystem
  • how mandatory renovation obligations and minimum energy performance standards can be framed in a manner that is compatible with fundamental rights and national constitutional traditions
  • how financing architectures can be designed so that deep renovations are legally feasible and financially accessible across different territories and ownership structures.

The report analyses three case studies:

The first case study shows the EPBD’s requirement for national building databases to be both an opportunity and a legal challenge

The second case study confirms that the move from voluntary incentives to mandatory renovation obligations can be defended under European Union (EU) fundamental rights law, provided certain conditions are met.

The third case study shows that the EPBD effectively transforms deep-renovation finance from a discretionary policy field into a legal compliance requirement, and that EU competition and fiscal rules operate as structuring parameters rather than hard obstacles.

Overall, the study offers practical and legal guidance to aid EPBD implementation across the EU Member States. By tackling three interconnected issues (data governance, property rights safeguards, and financing mechanisms) Member States can create an enabling framework for the EPBD’s success.

The three case studies provide practical recommendations to guide national authorities in transposing the EPBD in ways that respect EU law and national conditions. By adopting these best practices and recommendations, Member States can significantly accelerate building renovations and move toward a highly energy-efficient, decarbonised building stock by 2050, in line with Europe’s climate objectives.

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