The Regulation on Increasing the Efficiency of Energy Sources and Energy Use ("Regulation") dated 27.10.2011 and numbered 28097 as well as the Energy Efficiency Law ("Law") dated 18.04.2007 and numbered 5627, have brought new regulations and imposed obligations to increase the efficiency in energy use.
As per this Regulation, the buildings of industrial enterprises and buildings in the service industry are subject to a measurement and assessment, the so called survey. Accordingly;
Industrial Enterprises, such as Business residences and Shopping Malls having a total energy consumption of 5.000 TOE in a year as well as buildings of the services industry having a total construction square of more than 20.000 m2, such as schools, museums, etc. are subject to measurements and assessments, namely surveying once in each four years. This obligation might be fulfilled also by third party companies. In this context, the first survey must be completed until the end of the year 2015.
Another obligation imposed with this regulation is related to the management of shopping malls and commercial buildings, such as business residences and service buildings having a construction square of at least 20.000 m2 and an energy consumption of more than 500 TOE, according to which the building managers and in cases where the building has no management the asset owners are obliged to appoint a person among their employees who has an "energy management certificate" for serving the purpose of energy management. If an assignment cannot be made to an employee, a contract must be signed with an energy manager or a company having such business objective to fulfill this duty. In the event, industrial enterprises and asset owners or managers should not comply with the provision on the assignment of an energy controller, then the industrial enterprises and asset owners or managers shall be notified to cure the breach of Law; in case they should not, then industrial enterprises and buildings or managers shall be subject to an administrative fine of 35.946 TL.
In addition to these, another obligations are imposed for existing buildings and buildings, which have not yet an occupancy permit and are still under construction. For such buildings, an "Energy Performance Certificate" must be issued until the 02.05.2017 in accordance with the "Regulation on the Energy Performance at Buildings", which is based on the Law.
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.