| Document National Council of Notaries August 3, 2009 The National Council of Notaries back on energy certification of buildings . From 1 July 2009 - explain the Notaries - all properties must have energy performance certificates (ACE) (as required in Art. 6 of Decree No. 192/2005), regardless of era of construction and the working surface , without prejudice to dispose of a property does not have an ACE. Since July 25 is in force, the Decree of the Ministry of Economic Development on 26 June 2009 which sets out the detailed national guidelines on energy certification and means of coordination and cooperation between state and regions. The goal is to make transparent the energetic quality of buildings, to ensure efficiency, energy savings and greater security for citizens who purchase a home, but also to promote adequate levels of quality certification services, ensuring their use and spread evenly throughout the country. Article. 3 co. 3 of the Guidelines, provides for their implementation in the regions and autonomous provinces that have not yet done so to adopt their own energy and certification tools, however, until the entry into force of these instruments. The enactment of national guidelines - make clear the Notaries - puts an end to the transitional period, governed by. 11 co. 1-bis of Decree 192/2005, making it mandatory for the final disposal the Qualification Certificate Energy (AQE) in favor of energy performance certificates (ACE). The Certificate of Qualification Energy used up to now lose their effectiveness after twelve months from the issuing of national guidelines, therefore, from 26 June 2010, the energy certification of buildings will be left solely to the models of ACE prepared as Annex 6 of the Decree . Until then, the buildings already have dell'AQE will continue to run with that certificate, but by June 26, 2010 to transfer for consideration will need to replace the said attestation is now ineffective, with a new document, the 'ACE , containing the indication of the efficiency of the building and the Subject CA. with reference to the certification, National guidelines refer to the following presidential decrees that define the professional qualifications and accreditation criteria to ensure the qualification and independence of experts and bodies entrusted with the energy certification of buildings and inspection of air conditioning. Pending these decrees, in regions that have legislated on the matter or energy whose legislation is awaiting implementation, according to the Notary, must apply the national legislation envisaged in paragraph 6 of art. 18 of Legislative Decree no. May 30, 2008, No 115. One of the most innovative aspects of the Guidelines, is the definition of the scope of Legislative Decree 192/2005 and subsequent amendments, in order to different properties. The All. A decree provides, in paragraph 2, the 'application of disposizini to all buildings of the categories mentioned in Article 3 of Presidential Decree of 26 August 1993, n.412, regardless of the presence or absence of one or more technical systems explicitly or obviously dedicated to one of the energy services that are required to calculate performance. Among those categories not covered garage, basements, garages, parking decks, warehouses, seasonal structures to protect sports facilities, etc.. if not exclusively, portions may be used as offices and similar, if separable effects of thermal insulation. Finally, the paper examines the Notarial the provision in paragraph 9 of the Covenant. A, whereby, for properties of floor area exceeding 1000 square meters, the owner of "aware of poor power quality of the building, equip it instead of the ACE, may be used in a self-declaration stating: - the building is energy class G; - costs for energy management of the building are very high. 's self-declaration is an alternative to ACE to make budget for the transfer of the property. The note states that the fact that the property can be transferred with the self-declaration, does not change the conclusions reached by the National Council of Notaries in the Studio No 334-2009 / C to the admissibility of the stipulations which the parties determine how to fulfill the obligation of endowment. The source Sole24ore CONDOMINIUM |
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