FAQ

Since 1 January 2017 (date of the energy consultant's invoice), thermal insulation must meet energy efficiency and durability criteria. The energy efficiency criteria correspond in substance to those of the previous PRIMe House scheme and are expressed in four energy performance standards.

The durability criteria refer to the environmental quality and nature of the thermal insulation, as well as the way in which it is attached.

Environmental quality is defined by the environmental impact of insulation materials assessed using the environmental indicator I_eco12.

The Ministry of the Economy regularly checks the calculations. The experts concerned can therefore be reported to the Ministry of the Economy or to Klima-Agence.

The deviations must be documented and the main contractor must be notified of them. The municipality has the right to request additional calculations and/or documentation. The "as built” EPC indicates whether the minimum requirements have been met despite the deviations once the building is completed. As with any non-compliance with the building permit, the municipality can demand that the construction work required to ensure compliance with the EPC be carried out during the construction period and call the police if necessary.

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.

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).

In the context of the building permit application procedure, it is necessary to respect the municipal planning regulations relating to setbacks from neighbouring private properties. The same provisions apply to constructions along the municipal public domain.