Offsetting arbitrary fines with energy upgrade works

Offsetting fines arbitrary with work energy upgrading

Offsetting of special fines for energy upgrades to buildings under Law 4178/2013

For buildings constructed before 2003, as well as for stone buildings constructed before July 28, 2011, and subject to the provisions of Law 4178/2013 (Government Gazette A 174), the amount of the special fine payable under the above law may be offset against the amount spent after the entry into force of this law on energy upgrading measures for these buildings. The decision does not apply to buildings whose owners have received subsidies from state or European Union co-financed programs for interventions in the building sector to improve their energy efficiency.

b) A copy of the building permit, the approval for small-scale works, or the written notification to the YDOM (Building Control Authority) if required for the execution of the works.

c) Documents supporting the relevant expenses, including delivery notes for materials or equipment.

d) Copies of the two Energy Performance Certificates issued following the energy inspections. The first takes place before the start of the work but after compliance with Law 4178, and the second after completion of the work and achievement of the energy target.

e) Conclusion – Statement by the Energy Inspector who conducted the second inspection, declaring that the energy target set out in paragraph 4 has been achieved.

g) A solemn declaration pursuant to Article 8 of Law 1599/1986 (Government Gazette A 75) with certification of the authenticity of the applicant’s signature, stating that they are submitting all the required supporting documents, the details of which are true, that all the expense receipts they are submitting were issued for the purchase of materials and equipment, the performance of work and the provision of services for the energy upgrade of the building referred to in his application, and that the owners of the building in question have not received any subsidies from state or European Union co-financed programs relating to interventions in the sector to improve their energy efficiency.

Offsetting of special fines for structural reinforcement of buildings under Law 4178/2013

a) Application by the interested party stating their details, the details of the building for which they are requesting offsetting, the number of the certificate of compliance with the provisions of Law 4178/2013, the amount of the special fine that has been calculated, the cost of implementing structural reinforcement measures, and the amount requested to be offset.
b) The documents for the relevant expenses, including the delivery notes for materials or equipment.
c) A copy of the structural vulnerability report submitted to the electronic system for declaring unauthorized buildings and a copy of the structural adequacy study, if required. In cases where it is not mandatory for the submission of the arbitrary in accordance with the provisions of Law 4178/2013, is prepared, before the interventions and submitted a study of structural adequacy by a competent engineer.
d) Approved permit for construction or approval of works for static reinforcement of the building such as this is defined in building as defined in paragraph 5 of Article 25 of Law 4178/2013.
e) Conclusion of the Building Inspector after completion of the works, certifying the proper execution of the works provided for in the issued static reinforcement permit.
f) A solemn declaration pursuant to Article 8 of Law 1599/1986 (Government Gazette A 75) with certification of the authenticity of the applicant’s signature, stating that they are submitting all the required supporting documents, the details of which are true, that all the expense receipts they are submitting were issued for the purchase of materials/equipment, the performance of works and the provision of services for the structural reinforcement of the building referred to in his application, and that he has not received any subsidy/aid for the building in question from programs relating to interventions in the building sector for the repair/ restoration or reinforcement of their load-bearing structure, or from programs co-financed by the European Union or programs for the restoration of damage to buildings affected by natural disasters (earthquake, fire, flood, landslide).

Submission and verification of supporting documents

Transitional Provisions

The interventions may concern both the building envelope, including openings, and the heating, cooling, air conditioning, and hot water supply systems. The interventions are implemented in accordance with the provisions and specifications in force for the minimum requirements of the Energy Performance of Buildings Regulation (EPBR). The costs of purchasing materials and equipment, as well as additional work required to complete the interventions, such as dismantling, removal, installation, restoration, scaffolding, etc., as well as for the provision of energy inspection services. The above costs do not include VAT. The calculation of the relevant expenditure takes into account the expenditure limits described in the joint decision of the Ministers of Economy, Competitiveness and Shipping and Environment, Energy and Climate Change entitled “Announcement of the ‘Energy Saving at Home’ Program to be implemented under the NSRF 2007-2013,” as amended and in force. The offset is applied to an amount of up to fifty percent (50%) of the special fine, excluding the relevant fee, provided that the interventions result in an upgrade of the building by at least one energy class, or annual primary energy savings greater than 30% of the reference building’s consumption. Compliance with the requirements is determined exclusively after two energy inspections have been carried out on the building. The first takes place after the building has been brought into compliance with the provisions of Law 4178/2013 and before the start of the interventions, and the second after their completion, in order to verify that the interventions have been carried out correctly and that the energy target has been achieved. The following supporting documents must be submitted in order to carry out the offset: For buildings constructed before 2003 and subject to the provisions of Law 4178/2013 (Government Gazette A 174), the amount of the special fine payable under the above law may be offset against the amount spent after the entry into force of this law on the structural reinforcement of these buildings. Buildings that have received subsidies or support from programs relating to interventions in the building sector for the repair – restoration or reinforcement of their load-bearing structure, or co-financed by the European Union, or programs for the restoration of damage to buildings affected by natural disasters (earthquake, fire, flood, landslide). The interventions concern the repair, restoration, or reinforcement of the load-bearing structure and are carried out in accordance with the provisions and specifications in force for the mandatory minimum load-bearing capacity requirements in accordance with the Intervention Regulation or in accordance with the legislation in force at the time of issuance of the building permit, following a study and technical report by a competent engineer. The offset includes expenses for the purchase of materials and equipment, as well as for additional work to complete the interventions, such as dismantling and removal, installation and assembly, restoration, scaffolding, etc., compensation for the required building inspections and for the structural adequacy and structural reinforcement studies when these are not mentioned in the provisions of Law 4178/2013 (A’ 174) mandatory supporting documents for eligibility. The engineers’ fees for the preparation of the above studies may be offset by a maximum percentage equal to 5% of half (50%) of the special fine. The above offset expenses do not include VAT. The relevant expenditure is calculated based on the price list set out in the Decision of the Deputy Minister of Infrastructure, Transport, and Networks, “Price list for calculating the cost of repair work to restore damage to buildings affected by natural disasters (earthquake, fire, flood, landslide) and the corresponding Housing Assistance.” The offset is made for an amount up to fifty percent (50%) of the special fine, excluding the relevant fee. The following supporting documents must be submitted in order for the offset to be carried out: The authorized engineer submits the required supporting documents to the electronic system of Law 4178/ 2013 and submit a solemn declaration that the information submitted has been checked for accuracy and completeness and that the supporting documents submitted correspond to the work declared and carried out for the energy upgrade or static reinforcement of the property or property. It is possible to submit the above supporting documents for the same property or real estate for both cases of offsetting the special fine, provided that the offsetting is carried out in total for an amount up to fifty percent (50%) of the special fine, excluding the relevant fee. In cases where the single special fine is offset in accordance with the provisions of Article 20 of Law 4178/2013, the initial calculated payment amount before the offset as described above shall be taken into account for the application of this provision. The amounts paid for energy upgrade or structural reinforcement works are deducted from the last installment and the immediately preceding ones until the offset is completed. If, after the above calculation, it appears that the amounts already paid exceed the amount of the outstanding fine, based on the provisions of this law, they shall not be refunded or sought. The competent Building Authority, or other competent authority, designated by decision of the Minister of Environment, Energy and Climate Change, shall randomly check at least five percent (5%) of the declarations submitted in order to verify that the information contained in the declarations concerning the description of the construction, the supporting documents and delivery notes, as well as the findings of the energy inspectors or Building Inspectors, are true and accurate. In the event of false information and/or untrue statements being found, the special fine initially calculated by the electronic system is doubled. In order to impose the doubling of the special fine, a relevant administrative act is issued by the competent service, which is submitted to the TEE. The audit following a complaint or order by public authorities may be carried out by Building Inspectors as defined in Law 4030/2011 (A’ 249), randomly, after an electronic draw. The above expenses for energy upgrade works carried out after the entry into force of Law 4178/2013 and before the publication of the specific Joint Ministerial Decision, on properties or real estate subject to the provisions of Law 4178/2013, may be offset against the special fine, provided that the Energy Inspector certifies that the interventions result in an upgrade of the building by at least one energy class, or annual primary energy savings greater than 30% of the reference building’s consumption. In this case, the relevant supporting documents shall make specific reference to the date of issue of the supporting documents and receipts in relation to the dates of application of this article. In addition to the original energy performance certificate, the other supporting documents shall be submitted in accordance with the provisions of this decision.