FAQ

The municipality can itself decide on the consequences to be imposed on the main contractor/planner/construction company in the event of a breach of the legal requirements. In principle, a breach of these obligations can be treated in the same way as a breach of the distance rules or surface area coefficients.

It is mandatory to present the “as built” EPC for all new buildings, extensions and modifications to existing buildings. It must be presented within two months of the start of use or final acceptance of the building. The building must continue to meet the energy requirements.

The "as built” EPC is issued once construction of the building has been completed. All deviations from the planning phase that have an effect on energy efficiency are recorded in the "as built" EPC.

The feasibility study provides information on the possibility of using renewable energy in a new building. A feasibility study is mandatory for all new buildings.

According to Article 3 of the Grand Ducal Regulation of 30 November 2007 on the energy performance of residential buildings, as amended, and Article 4 of the Grand Ducal Regulation of 31 August 2010 on the energy performance of non-residential buildings, as amended, a building permit can be issued only if the EPC is complete and the minimum and general energy efficiency requirements contained therein are met. This applies to residential and non-residential buildings alike.

The EPC is an integral part of the building permit and, as such, the municipality must check the document to verify that it is complete. Minimum and general building energy efficiency requirements must be met.

The possibility of developing integrated housing in single-family homes is dealt with in the Particular Development Plan (PAP). For PAGs that have been completely revised since 2011, the development of an integrated dwelling is permitted unless the municipality expressly rejects it in the PAP.

According to the Grand Ducal Regulation in force, an integrated dwelling is defined as additional accommodation forming part of a single-family house and belonging to the owner of the main dwelling. In theory, integrated dwellings allow for a soft densification of existing structures.

Within the framework of the building permit application procedure, it is not within the municipalities’ field of competence to monitor compliance with private property boundaries. The right of ownership is a fundamental right enshrined in the Constitution, therefore any encroachment of the façade insulation (considered as a fixed element of the building) on a neighbouring private property must be covered by the transfer of a real right over the plot of land in question, otherwise there is a risk of legal recourse within 30 years of the work being carried out (acquisitive prescription in real estate matters).