Turkey: New Communiqué on National Calculation Method of Energy Efficiency in Buildings

The new Communiqué on National Calculation Method of Energy Efficiency in Buildings ("Communiqué") was published in the Official Gazette of November 1, 2017, and entered into force on the same day. The Communiqué is based on the Regulation on Energy Performance of Buildings ("Regulation"), which regulates the limitation of greenhouse gas emissions in relation to carbon-dioxide emissions and the primary energy of buildings. The EU Directive No. 2002/91/EC entitled "Directive on the Energy Performance of Buildings" was taken as the basis for drafting the Regulation.

Generally speaking, energy efficiency legislation in Turkey aims at increasing the efficient use of energy, preventing wastage of energy, mitigating the negative effects of energy costs on the economy, and enhancing energy efficiency in order to protect the environment. As per Article 7 of the Law No. 5627 on Energy Efficiency ("Law"), the work to be done and the steps that need to be taken in order to increase energy efficiency include the following:

  • Norms, standards, minimum performance criteria, information collection and control procedures regarding architectural design, heating, cooling, heat isolation, hot water, electricity installation and illumination to be used in residential buildings whose total construction area is determined by regulations, as well as in commercial buildings and in service buildings, are to be determined and governed by a regulation. In case of non-compliance with the applicable regulation, the administration may not allow the use of the building.
  • An energy identity certificate must be prepared and designated for the building projects in accordance with the rules set forth in the regulation. The energy identity certificate must include and specify, at a minimum, the following: (i) the energy needs/consumption of the building, (ii) its isolation systems and features, (iii) the efficiency of its heating and cooling systems, and (iv) the energy consumption classification of the building. The additional issues and information that must be included and stipulated in the energy identity certificate are to be determined by regulations. It is not required to prepare an energy identity certificate for buildings whose total construction area is less than 1,000 square meters and which are not part of the neighboring areas.

As stipulated above in the Law, the Regulation sets out the details with regard to the requirements of the energy identity certificate. Accordingly, an energy identity certificate: (i) will be valid for 10 years from the date of its preparation, (ii) must be prepared in the format set out in the corresponding communiqué, (iii) must be provided by an authorized institution, (iv) must be provided to the relevant administrative authorities during the procurement of the building-use permit. Furthermore, no building-use permit will be provided to buildings that do not have an energy identity certificate, and, in case there is a project that will necessitate changing the annual primary energy needs of the building, the energy identity certificate must be renewed within 1 year.

Article 25 of the Regulation sets out that the real person who actually prepares the energy identity certificate and the owner and the manager of the legal person who issues the energy identity certificate shall be jointly liable if the certificate is found not to be in compliance with the applicable regulations. The article further regulates that the calculations in the energy identity certificate should be made in accordance with the rules set out in the corresponding Communiqué.

According to Annex 1 of the Communiqué, which sets out and describes the calculation method, the method in question has been developed to evaluate and take into account all parameters that affect the building's energy consumption, and to thereby determine its energy performance classification. This method can be utilized to compare the energy performances of various building design alternatives, to determine the energy performance of existing buildings, or to uncover potential energy efficiency measures that could be implemented in existing buildings.

The following criteria are used when evaluating the energy performance of a building:

  • The calculation of the amount of net energy that the building needs for heating and cooling,
  • The determination of the total heating/cooling energy consumption of the building by taking into consideration the energy losses and gains from the installed systems, which will provide the net energy,
  • The computation of energy consumption for ventilation,
  • The calculation of energy needs and consumption for illumination in areas where daylight is not effective or sufficient, and for periods when the daylight cannot be used, taking into consideration the effects of daylight on the building, and
  • The calculation of the energy consumption needed for the use of hot water for sanitary purposes.

The main inputs for the net energy calculation of heating and cooling activities are as follows:

  • Climate data,
  • Building geometry,
  • Building's ventilation and thermal properties,
  • Building's properties with respect to internal gains and solar energy gains,
  • Building materials and building components,
  • Internal comfort measures based on the building's function (i.e., heating and moisture regulation statistics, amount of ventilation, etc.),
  • Zoning methods based on the building's classification and zoning information.

This article was first published in Legal Insights Quarterly by ELIG, Attorneys-at-Law in March 2018. A link to the full Legal Insight Quarterly may be found here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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