BELGIUM Trends and Developments Contributed by: Pieter Puelinckx, Yves Moreau, Melissa Verplancke and Lothar Van Driessche, Linklaters
The EED also deals with energy performance contracts for large (more than 1,000 square metres) non-residential buildings to support renovation, requiring one-stop shops and private sector input. The recast EPBD sets as an ambitious target that new buildings constructed within the EU must be zero-emission buildings by 2030 and new “public” buildings must be zero-emission build - ings by 2028. In addition to the requirement to construct and renovate zero-emission buildings, from 2030, the “life cycle global warming poten - tial” of new buildings will need to be calculated in accordance with the “levels” framework (an assessment and reporting tool for the sustain - ability performance of buildings) to ensure that the whole-life-cycle carbon emissions of the building are measured. Compared to the EC’s initial proposal, the part concerning renovation in the EPBD has been watered down, as it no longer sets out bind - ing EU-level minimum energy performance standards for the worst-performing buildings. The energy performance certificate itself will be revamped for consistency across the EU. Within 24 months following the EPBD’s entry into force, all energy performance certificates must be issued in a digital format, based on a harmonised scale of energy performance classes (ranging from A to G) and comply with a template. The validity of energy performance certificates of the lower grades (D to G) will be reduced from ten to five years. Separately, the Flemish region also introduced new obligations, effective from 1 January 2022 for non-residential buildings and from 1 January 2023 for residential buildings, which arise on the passing of a notarial deed of sale or the vest - ing of a long-term lease right or a right to build.
Such buildings will need to meet certain mini - mum energy performance levels (eg, concerning roof insulation, glazing, central heat generators and cooling systems) or minimum energy labels within a maximum period of five years from the date of the relevant deed. The EPBD also pays much attention to the accessibility and interoperability of (smart) data by imposing upon EU member states an obliga - tion to set up national databases for energy per - formance certificates and renovation passports. The wide range and depth of these targets and proposals, once implemented, will affect all play - ers in the real estate sector. Mandatory corporate disclosures The Taxonomy Regulation applies in Belgium. The EU taxonomy provides for a classification system to assess whether an economic activ - ity is “environmentally sustainable” according to six environmental objectives. The criteria for the first two environmental objectives, climate change mitigation and climate change adapta - tion, came into force on 1 January 2022. The assessment is made on the basis of the “techni - cal screening criteria” established in the Climate Delegated Act, which includes criteria specific to the construction and real estate sector. Among such criteria are the reduction of primary energy demand, the use of sustainable technologies and the use of hazardous materials. Under Article 8 of the Taxonomy Regula - tion, companies covered by the Non-Financial Reporting Directive (NFRD) must include in their non-financial reporting how and to what extent their activities align with the Taxonomy Regula - tion. Under the future Corporate Sustainability Reporting Directive (CSRD), which will gradu - ally enter into force between 2025 and 2029
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