FAQ

It is not mandatory to carry out inspections of building sites. However, the municipality has the right to go to the building site and check the construction work to check that it complies with the energy performance certificate.

The municipality has the right to request the "as built" EPC from the main contractor. Other measures may also be envisaged, for example the introduction of a deposit system. According to one Grand Ducal Regulation, municipalities even have the possibility of prosecuting the main contractor (sanctions enshrined in the Law of 5 August 1993 on the rational use of energy, as amended).

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.

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.