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Abela, A, Hoxley, M, McGrath, P and Goodhew, S (2013) A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean. International Journal of Law in the Built Environment, 5(03), 222-40.
- Type: Journal Article
- Keywords: Energy certificates; EPBD; Housing; Mediterranean
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-11-2012-0025
- Abstract:
Purpose – The Energy Performance of Buildings Directive (EPBD) 2002/91/EC introduced various obligatory requirements intended to achieve the reduction of use of energy resources in buildings. This directive had to be transposed into national legislation by the EU member states. Concurrently the European Committee for Standardisation developed a number of technical standards to assist member states to define the methodology for the calculation of the energy performance of buildings. The purpose of this paper is to present a comparative review of the relationship between the European directive and the standards, and the different country legislation and methodologies that have been implemented in Malta, Italy, Spain and Cyprus. Design/methodology/approach – The analysis is based on a review of national legislation in the four states. Reference is also made to publications by the Concerted Action for the EPBD and to related publications by the national bodies responsible for the implementation of the EPBD. These include the Ministry for Economic Development in Italy, the Ministry of Commerce, Industry and Tourism in Cyprus, the Ministry for Resources and Rural Affairs in Malta, and the Ministries of Industry Tourism and Commerce and of Housing in Spain. Findings – This paper analyses and compares the implementation of the directive using the above-mentioned sources. In so doing, it focuses on general principles rather than on the specific technical requirements for the calculation method in the various states. The paper then considers the implementation of these general principles within each state before finally drawing conclusions about whether legislation relating to the original Directive 2002/91/EC is meeting its objectives and the implications relating to the requirements of the recast Directive 2010/31/EC. Research limitations/implications – The introduction of the directive in the states considered has taken place slowly and gradually over the last three to four years. There are few publications relating to the actual implementation of the directive, and this limits the possibility of comparison of sources. Originality/value – The relationship between the EPBD and the milder climate experienced in the Mediterranean is considered to be of great importance, particularly since world temperatures are slowly rising. However, it is acknowledged that insufficient research has been carried out on the energy performance of buildings in this region. This paper investigates the existing legal structures that have been put into place to implement the EPBD and the effectiveness of this implementation to date.
Davenport, P and Brand, M C (2013) The effectiveness of time bar clauses following the high court in decision in
Dixon, M (2013) Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5(03), 194-206.
Gibbons, T N (2013) Management agreements in multi-unit housing developments: A case study in regulation and remedies. International Journal of Law in the Built Environment, 5(03), 207-21.
Jorge, A (2013) The subsidiarity rule: the unjust enrichment doctrine in construction law. International Journal of Law in the Built Environment, 5(03), 253-70.