FAQ

As is the case for buildings along the municipal public domain, buildings along the State road (national road and State-managed road) must, within the framework of the building permit application procedure, comply with the municipal urban planning regulations on setbacks.

For constructions located in the vicinity of the State public domain at a distance of 25 metres from a national road (N) or at a distance of 10 metres from a State-managed road (CR), established from the property line, a road permit is required from the Minister of Sustainable Development and Infrastructure. As part of a road permit, provisions regarding the setbacks of buildings in relation to the road will be applied. These may differ from the setbacks set by the municipalities.

With regard to building permits, the municipalities systematically check that buildings are set back from the municipal public domain or plot boundaries.

As a rule, the planning regulations for setbacks are regulated by the municipalities in their General Development Plan (Plan d’Aménagement Général, PAG) or in the Special Development Plans (Plans d’Aménagement Particulier, PAP).

For municipalities whose PAG has not yet been adapted to include current legislation, the planning regulations relating to setbacks are still included in the written part of the PAG or in the building regulations. For these municipalities, the measurement of setbacks in the event of energy retrofitting is set out individually, by municipality, in those documents.

On the other hand, for those municipalities whose PAGs have been completely revised since 2011, the Grand Ducal Regulation that is the basis for the applicable definitions provides that the building setbacks are to be measured without the additional insulating layer in the case of an energy retrofit.

In both cases, the municipalities can include derogation mechanisms in their regulations in order to promote energy retrofitting, for example through a reduction in the minimum setback to be observed.

• Demolition: sale of a ruin or a building that does not have a heating installation and which will be demolished after purchase.
• Inheritance or gift.

• New building: any building that is subject to a building permit application. (A feasibility study concerning the use of renewable energies should be appended to the building permit application.)
• Extension of an existing building.
• Modification of an existing building (building permit required), if the surface area of the modified element of the thermal envelope exceeds the surface area of the same existing element (walls, windows, roof, etc.) by 10% and if the modification has an impact on the energy performance of the building. (Issuance of an energy performance certificate for the new planned situation.)
• Substantial alterations to an existing building (without a building permit), if the surface area of the altered element of the thermal envelope exceeds the surface area of the same existing element (walls, windows, roof, etc.) by 10% and if the alteration has an impact on the energy performance of the building. (Issuance of an energy performance certificate for the new planned situation.)
• Change of owner or tenant.
• Demolition: sale of a building that will be demolished after purchase, if the building has a heating installation, exterior walls and a roof.
• Modification of technical facilities, if the modifications of these technical facilities exceed €1,500 (for a single-family house) or €3,000 (for a multi-family house).

The energy performance certificate is a regulatory obligation, therefore no subsidy is provided for its establishment.
The energy performance certificate is issued according to precise rules set out in the amended Grand Ducal Regulation of 30 November 2007 on the energy performance of residential buildings. It is valid for 10 years from the day of its issue. The issuance of an energy performance certificate and the information it contains shall not result in any direct obligation for energy retrofitting.

The energy performance certificate (EPC) or energy passport is the quality label that defines the energy performance of a residential building. The certificate provides information on the energy efficiency of residential buildings and thus allows comparisons to be made with other residential buildings. Thus, even without technical knowledge, the consumer can assess the energy quality of a residential building.

According to the law of 9 June 2022 on waste electrical and electronic equipment, the producer is responsible for the collection and processing of photovoltaic panels.

Producer means any natural person or legal entity who manufactures photovoltaic panels in Luxembourg or initially imports them onto the Luxembourg market. Any person established in another Member State or in a third country who, on a professional basis, supplies photovoltaic panels directly to a user in Luxembourg is considered a producer. In practice, in the majority of cases, this is the installer of the photovoltaic plant in Luxembourg.

Possibilities for owners to dispose of their old photovoltaic panels 

For photovoltaic panels put on the market before 13/08/2005 :

• in case of replacement of the photovoltaic panels, the take back of the old panel is free of charge and must be ensured by the company supplying the new equipment
• in case of dismantling of the photovoltaic panel (non-replacement of the panel), the removal by a professional collector is done against payment by the user

For photovoltaic panels placed on the market after 13/08/2005 :

• free take-back by the producer who bears the costs of collection and recovery of the photovoltaic panels. 

In general, all photovoltaic panels are recyclable.

Indeed, there are risk-free procedures for silicon-based panels as well as for thin-film panels containing cadmium. Moreover, recycling is regulated by the European Directive 2012/19/EU on waste electrical and electronic equipment, which is transposed into national law by the law of 9 June 2022 on waste electrical and electronic equipment: this framework currently requires at least 80% of the mass of a photovoltaic panel to be prepared for reuse or recycled, and 85% of the mass to be recovered.

The recycling rate of photovoltaic modules is nevertheless close to 100%, considering that the modules are generally composed mainly of glass, aluminium and other metals. Net modules usually contain very limited amounts of synthetic materials, such as silicon or other minerals. However, it is technically possible to recycle these elements, even if the processes for extracting them are not yet cost-effective. Thus, these materials are currently mainly used for thermal recovery.