New minimal requirements for energy efficiency in Ukraine

At the end of 2020, the Ministry for Communities and Territories Development of Ukraine approved two Orders: No. 260 and No. 261 (the "Orders"), which establish minimal requirements for energy efficiency of buildings. The orders are rather technical and introduce a number of formulas for the calculation of indicators relevant to their application.

The Orders introduce the following changes to  energy efficiency regulation:

  • new constructions and reconstructions that change the functional purpose of a building now must in the least meet requirements of the energy efficiency category "C";
  • these minimal requirements do not apply to:

- the renovation of separate constructions in buildings (e.g. roof, walls, utility network, etc.), rectification of natural disasters (or accidents), renovation of objects of public infrastructure necessary to ensure the livelihood of the population without changing their geometry;

- reconstruction or capital repair of a buildings' integral parts (non-separable into separate premises).

  • these requirements should be met and included into calculations at the stage of elaboration of project design.

The Orders elaborate on the provisions of the Law of Ukraine No. 2118-VIII "On Energy Efficiency of Buildings".

Please be aware however that the energy efficiency requirement does not apply at all to the following buildings:

  • industrial and agricultural buildings, energy, transport, communications and defense facilities, warehouses;
  • individual residential buildings (except for cases where state support is provided for thermal modernization);
  • houses of worship of religious organizations;
  • cultural heritage buildings;
  • stand-alone buildings with a heated area of less than 50 sq. m.

Having incorporated the minimal energy efficiency requirement into project design documentation, the developer must show the requirements are met when undergoing an energy certification procedure. This is mandatory for CC2 and CC3 consequence classes of construction.

For more information, please contact Asters Counsel Anzhelika Livitska and Senior Associate Bohdan Shmorhun.

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