1. Introduction

The Act on the Energy Performance of Buildings (published on 8 September 2014) entered into force on 9 March 2015, establishing the legal basis for further legislation regarding:

• the format of inspections of heating and AC systems protocols (17 February 2015);
• the scope and methodology of the verification of EPCs and heating and AC systems inspection reports (17 February 2015);
• the methodology for the energy assessment of buildings and their parts, as well as for EPCs (27 February 2015);
• the obligatory civil liability insurance of persons issuing EPCs (21 April 2015);
• the national action plan for increasing the number of NZEB (22 June 2015).

Moreover, the act further established a 'Central Register of the Energy Performance of Buildings'¹, which includes databases of:

1. persons authorised to produce EPCs;
2. persons entitled to inspect heating or AC systems;
3. EPCs;
4. protocols for heating or AC systems inspections;
5. buildings with a floor area exceeding 250 m² occupied by the judicial authorities, the prosecutor's office and public authorities that serve the public directly.

The databases mentioned under 1, 2 and 5 are made publicly available via the website², providing easy access to data of experts who draw up EPCs and perform inspections of heating and AC systems.

2. Current Status of Implementation of the EPBD

2.I. Energy performance requirements: NEW BUILDINGS

According to the regulation concerning the technical conditions that buildings must meet, the energy performance requirements for new buildings apply both to the fabric of the building itself and to its heating, ventilation and AC and domestic hot water systems, as well as, in the case of public, collective (buildings for temporary residence, e.g., hotel, dormitory, prison, etc.), industrial, storage and livestock buildings, to their built-in lighting systems. The buildings need to be designed and constructed so as to meet the following minimum requirements:

Buildings must be further designed and constructed in a way to avoid overheating during the summer period.

A detailed description of the regulation (as of March 2015) is given in Tables 1 – 5.

Table 1. Maximum permissible values of primary energy for heating, ventilation and domestic hot water (EP_H+W) [kWh/(m²·year)].

Table 2. Maximum permissible values of ∆primary energy for cooling (EP_C) [kWh/(m²·year)].

Table 3. Maximum permissible values of ∆primary energy for lighting (EP_L) [kWh/(m²·year)].

Table 4. Permissible values of thermal insulation for opaque building elements.

Table 5. Permissible values of thermal insulation for transparent building elements.

2.I.i. Progress and current status of new buildings (regulation overall performance)

The energy performance requirements entered into force on 1 January 2014 and determined obligatory minimum requirements as follows:

• from 1 January 2017 for new buildings³;
• from 1 January 2019 in the case of buildings occupied and owned by public authorities;
• from 1 January 2021 for all buildings (dates refer to building permit).

A detailed description of the regulation is given in the CA EPBD Book 2016 country report of Poland.

2.I.ii. Format of national transposition and implementation of existing regulations

A detailed description of the current regulation for new buildings is given in the CA EPBD Book 2016 country report of Poland.

The current methodology is described in the regulation on the methodology for the energy assessment of buildings and their parts, as well as for EPCs. The calculation leads to the determination of the index of annual non-renewable primary energy demand (EP) in kWh/(m²·year), which is necessary to check minimum requirements. Non-renewable primary energy factors are given in the regulation (Table 6).

Table 6. Values of correction factors (Wi) for non-renewable energy demand, for production and transfer of energy carriers.

The methodology also includes other values describing the energy performance of buildings:

• • • the index of annual demand for final energy (EK) in kWh/(m²year);
    • the index of annual energy needs (EU) in kWh/(m²year);
    • the index of CO₂ emissions;
    • the share of RES in the annual demand for final energy.

The general calculations of energy demand for heating, cooling and ventilation are based on CEN standards methods (e.g. EN ISO 13790 and other linked standards).

In January 2020, the Ministry of Development issued the 'Guide to Improve the Energy Performance of Buildings'⁴ (Figure 1). The guide describes the evolution of energy performance regulations in Poland. On the basis of multiple examples, it shows how to improve the energy performance of buildings. Moreover, the guidebook reveals national and regional incentives which support energy performance actions.

Figure 1. Cover of the 'Guide to Improve the Energy Performance of Buildings'.

2.I.iii. Action plan for progression to NZEB for new buildings

The national plan for increasing the number of buildings with low energy consumption was adopted on 22 June 2015. This plan is still valid. The plan pays particular attention to the definition of NZEB and their specific characteristics, includes important information and tips for investors, designers and contractors, and describes the main and intermediate objectives related to improving the energy efficiency of buildings, including a timetable for achieving them in accordance to Article 9 §3 of the EPBD. The characteristic actions, mainly of governmental measures taken to promote buildings with low energy consumption, include the design, construction and reconstruction of buildings in a way that ensures their energy efficiency and increases the share of energy from RES in new and existing buildings. In addition, this document discusses the changes in regulations affecting the energy efficiency of buildings, making note of financial mechanisms addressed to different beneficiary groups, e.g., housing communities, individuals, local authorities, businesses and others.

The national plan:

• led to changes in technical conditions that new buildings must meet;
• led to changes in the act of 28 October 2020, amending the act on supporting thermo-modernisation and renovation;
• contributed to the development of the 2017 National Energy Efficiency Action Plan for Poland;
• led to changes in the Regulation of the Minister of Energy of 27 September 2018 on quality requirements for solid fuels;
• led to changes in the Regulation of the Minister of Development of 11 September 2020 on the detailed scope and form of a construction design.

The national plan also sets out plans for promoting the use of RES in buildings and the need to improve the technical conditions of the existing building stock. It identifies aspects of a comprehensive approach to energy efficiency, and its main objective is to achieve the provisions of Article 9 §1 of the EPBD. Following the aims of the directive, the goals are set as follows:

• from 31 December 2018, all new buildings occupied by public authorities or owned by the government should be NZEB;
• by 31 December 2020, all new buildings should be NZEB.

2.I.iv. Requirements for building components for new buildings

A detailed description of the current regulations for new buildings is given in the CA EPBD Book 2016 country report of Poland.

According to the regulation on the technical conditions that new buildings must meet, the main requirements include:

• maximum values of thermal transmittance of individual elements of the building envelope: walls, roofs, floors, windows, doors and other types of partitions;
• recommended airtightness of envelope and threshold values for the air leakage of windows and balcony doors;
• the maximum area of transparent parts of the building envelope with a thermal transmittance ≥ 0.9 W/m².K;

2.I.v. Enforcement systems new buildings

Control of the construction process is carried out by authorised bodies: architectural and building administration and building supervision. Both bodies operate within the combined public administration, with construction supervision authorities organised in the form of separate inspectorates at the county and voivodship level (regional level).

This division of public administration in construction is being supervised by The Chief Inspector of Building Supervision according to Art. 84 section 1 of the Construction Law. The tasks of building supervision authorities include:

• control of compliance with and application of the provisions of the Construction Law;
• control of architectural and building administration bodies;
• research into the causes of construction disasters;
• cooperation with national control bodies.

In accordance with Art. 84a section 2 of the Construction Law, construction supervision authorities are also authorised to examine the correctness of administrative proceedings conducted by architectural and construction administration authorities and their issued decisions. In accordance with Art. 84a section 2 point 2 of the Construction Law, construction supervision authorities also check the fulfilment of obligations arising from decisions issued on the basis of the provisions of the Construction Law, both by these authorities, as well as by architectural and building administration authorities.

The Chief Inspector of Building Supervision can control both the district head (county) and the voivode (local council). In turn, the voivodship construction supervision inspector only has control over the staroste (the local council), which is dictated by the fact that the voivode is the superior authority over the voivodship construction supervision inspector as part of fusing government administration in the voivodship.

2.II. Energy performance requirements: EXISTING BUILDINGS

2.II.i. Progress and current status of existing buildings (regulation overall performance)

From research carried out as part of the research work 'Developing a methodology and conducting a survey on the scale of thermal modernisation activities of multi-apartment residential buildings in order to improve their energy consumption, and assessing the needs and planned activities in this direction' by the Central Statistical Office, in which respondents (owners or building managers) participated, owning or managing 189,289 buildings, it appears that:

• 60.7% of buildings do not require thermal modernisation: 29.7% due to thermal modernisation works carried out prior to 2016, and 31.0% having no thermal modernisation needs (e.g., construction already using energy-saving technologies);
• 39.3% of buildings require thermal modernisation to meet current energy performance standards: for 9.4% of those, thermal modernisation is implemented or planned between 2017 and 2020, and for 29.9% it is not planned.

For 2020, it is estimated that:

• for 14% of residential and public buildings, energy performance is in the 340-450 kWh/m² range;
• for 24% of residential and public buildings, energy performance is in the 230-390 kWh/m² range;
• for 31% of residential and public buildings, energy performance is in the 150-200 kWh/m² range;
• for 24% of residential and public buildings, energy performance is in the 90-150 kWh/m² range;
• for 4% of residential and public buildings, energy performance is in the 50-90 kWh/m² range;
• for 1% of residential and public buildings, energy performance is below 50 kWh/m².

Assuming that the obtained test results are also representative of the 64.6% of unexamined buildings, by extrapolating the above results to the entire stock of multi-family buildings in Poland, it can be assumed that approximately 210,000 multi-family buildings still require thermo-modernisation works.

2.II.ii. Regulation on individual parts, distinct from whole building performance

Article 1 of the regulations on technical requirements for building works specifies that minimum requirements for renovation of existing buildings are fulfilled when walls and technical building systems comply with the requirements for thermal insulation specified in Annex 2 of the regulation, and the window thermal characteristics comply with the requirements specified in §2.1 of Annex 2 (section 2.I. -Tables 1 - 5).

2.II.iii. Initiatives/plans to improve the existing building stock

The national plan sets out actions for promoting the use of RES in buildings and the need to improve the technical condition of the existing building stock. It identifies aspects of a comprehensive approach to energy efficiency, and its main objective is to achieve the provisions of EPBD Article 9, §1.

The national plan includes, among other topics, the definition of buildings with low energy consumption and their specific characteristics, as well as governmental actions to promote buildings with low energy consumption. It focuses on the design, construction and reconstruction of buildings to ensure energy efficiency and to increase the share of energy from RES in both new and existing buildings (combined with programmes for thermal modernisation and the promotion of a low-emission economy). The national plan sets a timeline for achieving these goals, which corresponds to EPBD Article 9, §3.

Support initiatives include:

• projects implemented from European Funds in Poland under the Multi-annual Financial Framework 2014-2020;
• projects implemented in 2013-2019 through the European Economic Area Financial Mechanism and the Norwegian Financial Mechanism;
• the Thermo-modernisation Fund and Maintenance programme;
• the Thermo-modernisation bonus (based on preliminary information on the scale of the reduction supplemented with estimates on the structure of supported investments based on other support programmes);
• support programmes for low-emission investments in the construction sector implemented by the National Fund for Environmental Protection and Water Management (NFOŚiGW), including Clean Air.

Increasing the scale and depth of the renovation of buildings in Poland will also require the additional mobilisation of funds. In 2014-2019, approximately PLN 14.7 billion public funds allowed for the implementation of investments worth approximately PLN 22.8 billion. For most of the period, the key area of financing concerned investments in public buildings supported by EU funds, complemented by projects for the renovation of multi-family buildings financed from both national and EU funds. In 2019, however, thanks to the introduction of the thermo-modernisation bonus and the launch of the 'Clean Air' Programme, there was a rapid increase in support for investments in the modernisation of single-family buildings. Efforts to further increase the mobilisation of private funds should be enhanced in the coming years, possibly supported by activities promoting the use of the Energy Service Companies / Private Public Partnership formula, implementing the concept of one-stop shops and activities enabling the aggregation of projects.

2.II.iv. Long Term Renovation Strategies, status

The Polish Long-Term Renovation Strategy was submitted for public consultation at the beginning of 2021 and is planned for submission to the European Commission by the end of March.

2.II.v. Financial instruments and incentives for existing buildings

The main measures to support investment in the energy efficiency of existing buildings include:

• • The Act⁵ introduces financial support called 'Stop Smog' programme⁶ for single-family homes owned by people who cannot afford a good quality boiler or home insulation in terms of thermo-modernisation of buildings and replacement of heating devices. Co-financing will cover 'low-emission projects', i.e., replacement of high-emission heating sources with devices that meet emission standards, or connection to a heating or gas network, while simultaneously implementing a thermal-modernisation of the building. These investments can even be 100% covered by public funds, i.e., without the financial participation of energy-poor households⁷. The act provides for the cooperation of the government with local authorities, where 30% of the contribution is provided by the commune, and the remaining part of the programme (70%) is financed from the state budget through the thermo-modernisation and renovation fund. Eligible for this incentive are municipalities experiencing problems with air pollution, families owning/using single-family houses in such municipalities, and modest-income households (income and other criteria set by the municipality);
  • The 'Clean air' comprehensive programme, funded by the state and addressed to individuals, which aims to improve energy efficiency and reduce or avoid the emission of dust and other pollutants by single-family homes;
  • The Fund for Thermo-modernisation and Renovations⁸. The eligibility criteria for this fund are set out in the Act on supporting thermo-modernisation and renovations. The programme for renovation and thermo-modernisation of residential buildings is aimed at improving the technical condition of the existing housing stock, in particular for common areas of multi-family buildings. The main goal is to provide financial assistance to investors who carry out thermo-modernisation or renovation projects of existing single-family buildings with the participation of commercial bank loans. This aid, also known as 'thermo-modernisation bonus', 'renovation bonus', and/or 'compensation bonus', is the repayment of part of the loan received for the implementation of the project or renovation.

2.II.vi. Information campaigns / complementary policies

Activities promoting energy efficiency in buildings in Poland include:

• • The 'Clean Air - A Healthy Choice!'⁹ campaign conducted by the Ministry of Climate is not only aiming to investigate the causes of the smog phenomenon, but above all to encourage individuals and groups to take actions that reduce the emission of harmful pollutants into the air.
  • Actions by educational faculties to increase research capacity in the scope of environmental technologies;
  • The 'House Without Bills'¹⁰ social campaign, conducted by the Polish Organisation for the Development of Heat Pump Technology 'PORT PC' under the auspices of the Ministry of Development addresses people who intend to build a house in the near future. The goal of the 'House Without Bills' campaign is to promote the construction of single-family buildings equipped with a heat pump and a solar farm to achieve a high energy standard for the building;
  • The 'Guide to Improve the Energy Performance of Buildings'¹¹, developed in January 2020 by the Ministry of Development. The guide is aimed at a wide range of customers, including owners and users of buildings or their parts, investors, building managers, local government units, building contractors, architects, engineers, people authorised to draw up EPCs and to inspect heating and AC systems, and energy auditors.

In addition, there are many other organisations, associations, institutions, etc., that provide services of information and consultancy to promote energy conservation issues.

2.III. Energy performance certificate requirements

2.III.i. Progress and current status on EPCs at sale or rental of buildings 

Overview and administration system

The energy performance certification system is governed and administered by the Ministry of Development.

On the basis of the Act on Energy Performance of Buildings, there is a central register for the energy performance of buildings¹. This register contains five databases, mentioned in the introduction to this document.

Every EPC in Poland has to be prepared/submitted with the use of this register. EPCs should be issued every time the building or building unit is sold or offered for rent.

Format and content of the EPC

The ordinance of 27 February 2015 specifies the basic requirements, the calculation methodology and the format of the EPCs (Figure 2), as described in the CA EPBD Book 2016 country report for Poland.

Figure 2. Template of EPC.

EPC activity levels

According to the data of the General Office of Building Control, in the period between 1 January 2009 and 8 March 2015, a total of 541,193 new buildings were completed and handed over to occupants, each of which would have had an EPC. All would still be valid.

Moreover, in the same period, there were 26,114 multi-family buildings put into use. This number represents an additional several hundred thousand EPCs for the associated individual houses.

As mentioned, every EPC in Poland has to be prepared with the use of the national register. At the beginning of 2020, around 330,000 EPCs had been issued since 9 March 2015.

Typical EPC costs

The price of the EPC is fully market driven. The lowest prices offered in the publicly available transaction service are 40 €, whereas the highest price offer for buildings of a complicated structure exceeds 1,300 €. The typical price for an EPC for an apartment or a single-family building ranges between 50 € and 150 €. For a multi-occupancy apartment building, the typical price ranges between 200 € and 500 €.

Assessor corps

According to the Act on the Energy Performance of Buildings, an EPC may be issued only by a qualified expert.

Since 9 March 2015, every qualified expert has to be registered in the relevant database of the central register for the energy performance of buildings. On 25 March 2020, there were 15,660 registered qualified experts.

Compliance levels by sector

The EPC and its compliance with the energy performance levels is checked on the basis of data from the central register. According to this data, new and renovated buildings comply with the minimum levels enforced by Polish law. Values of annual primary energy consumption from registered EPCs are shown in
Tables 7 and 8.

Table 7. Value of the annual primary energy consumption of single- and multi-family buildings, depending on the year in which the building was put into use.

Table 8. Value of the annual primary energy consumption of public buildings, depending on the use of the building and the year in which it was put into use.

Enforcement with building owners and real estate actor

An EPC is required in every instance where the property is subject to a change of ownership, is sold or rented.

In the case of sale or rent, according to the Act on Energy Performance of Buildings, the owner should hand over the EPC to the buyer or tenant. If the EPC is not transferred, the buyer or tenant has the right to call on the owner to fulfil their obligations and may request the EPC at the expense of the owner. The buyer or tenant may not waive these rights. The owner and the buyer are informed about their rights by a notary while signing the notary deed.

2.III.ii. Quality Assurance of EPCs

Since March 2015, there is a direct mechanism of quality assurance of EPCs in Poland, which is based upon the central register for the energy performance of buildings. EPCs are quality controlled ex officio or by request. So far, less than 20 EPCs have been controlled upon a request. The number of EPCs controlled ex officio in the period 2015 - 2020 is 550. Following these controls, 30 qualified experts lost their authorisation. Comparatively, before 2015, three (3) qualified experts had lost their authorisation.

During control, checks are made, among other factors, on:

• calculation results;
• efficiency of technical building systems and U-values compared with requirements concerning thermal insulation of the building envelope components;
• energy demand indicators, energy consumption and categories of cost-effective recommendations, correctness of description, etc.

There are no penalties foreseen for minor faults. Fault tolerance may reach up to 10%, depending on where the error was made.

In cases of intentional adoption of incorrect technical assumptions (e.g., improving the indicators of energy demand) there is no tolerance of errors.

There are also penalties for drawing up EPCs without the necessary qualifications, or without liability insurance for damages caused in connection with the preparation of an EPC.

Moreover, according to the Act on the Energy Performance of Buildings as well as the civil law, an EPC containing false data on energy use is considered a product with a physical failure. Potential conflicts between the qualified expert and the client in this matter will be settled in court.

Proposals to improve the central register of EPCs are currently being prepared. Following their introduction, it will be possible to check the correctness of EPCs more quickly and easily.

2.III.iii. Progress and current status of EPCs on public and large buildings visited by the public

The certification process for public buildings, or for large buildings visited by the public, falls under the same regulations as for other buildings. According to the Act on the Energy Performance of Buildings, the EPC shall be visible to the public in the case of buildings (> 250 m²) used by justice authorities, the prosecutor's office, or for public buildings to which the public have access.

The template of the EPC for these buildings is the same as the one used for other buildings. EPCs for these buildings are issued by the same group of experts as EPCs for buildings that are being sold. Also, the provisions on quality assurance are the same as those described above.

The EPC data collected within the public central register provides information about the building stock, e.g. energy performance, share of RES, CO₂ emissions, etc.

2.III.iv. Implementation of mandatory advertising requirement – status

The Act on the Energy Performance of Buildings transposed the mandatory advertising requirements derived from the EPBD into Polish law. According to these rules, the energy performance indicator from the EPC has to be included in both sale and rental advertisements (for every type of building).

The Polish legal framework requires the publication of selected EPC information (the value of final energy is obligatory); however, the advertisements sometimes provide additional information, e.g., about numerical values of CO₂ emissions, the share of RES, or the heat transfer coefficient. This is more common for the sale of new single‐family houses.

At the same time, there is still a relatively low level of interest from consumers and building owners in the EPC and energy data. The main criteria for choosing a house or apartment is not the level of energy performance of the building, but location and price.

2.IV. Smart buildings and building systems 

2.IV.i. Status and plans on smart buildings

No legal framework supporting smart buildings has yet been adopted. The commercial construction sector is becoming 'smart' by introducing smart technologies into its investments. The first legal step has been made with the Act on electromobility and alternative fuels¹², with Art. 12 setting the obligation to provide adequate power connection with charging points with a power of not less than 3.7 kW in new public buildings and multi-family buildings.

2.IV.ii. Regulation of system performance

The minimum requirements for technical installations include:

• minimal thermal insulation of pipes and components in space heating and cooling, as well as in domestic hot water systems;
• the maximum values of specific fan power of fans used in AC and mechanical ventilation systems.

In general, heating, domestic hot water, lighting, ventilation and AC equipment used in the systems shall fulfil requirements set by separate national regulations which implement other European directives, e.g., eco-design, etc.

With regard to certain elements of heating, domestic hot water and cooling systems, one of the key areas covered by the regulation is the limitation of heat loss from pipes, which has to be kept below a reasonable maximum level. Specific minimum technical requirements for thermal insulation of pipes and components are given in Table 9.

Table 9. Requirements for thermal insulation of pipes and components in heating, domestic hot water and cooling systems.

The ordinance also provides performance requirements for the maximum level of specific fan power of fans used in AC and mechanical ventilation systems, as shown in Table 10. The specific fan power can be increased when certain elements are used in the system (Table 11). Generally, heating, domestic hot water, lighting, ventilation and AC equipment used in the systems shall further fulfil requirements set by separate national regulations which implement other European directives, e.g., eco-design, etc. The provisions of the ordinance are applicable to related technical building systems in both the design of new buildings and the renovation of existing buildings.

Table 10. Performance requirements for the maximum level of specific fan power (SFP) of fans used in AC and mechanical ventilation systems.

Table 11. Elements of the systems that allow to increase the specific fan power (SFP).

2.IV.iii. Building Automation and Controls (BACs)

There is currently no information available for specific requirements for Building Automation and Controls. As part of the transformation of the power grid into a smart grid, the current activities focus on co-financing investments related mainly to the construction, modernisation or reconstruction of power grids, power stations, enabling the connection of energy generating units from RES and installing intelligent smart meters and network automation.

2.IV.iv. Status and encouragement of intelligent metering

The amendment to the Energy Law published on 9 November 2018 introduced the obligation for energy companies to install smart remote meters for 80% of electricity consumers in Poland by the end of 2026.

As of 2018, smart meters were installed by approximately 8.4% of recipients (European average of 34.2%), most of them in northern Poland. In order to accelerate the transformation of the power grid, a draft act amending the Energy Act was submitted to the legislative work of the Council of Ministers. The draft act specifies the schedule of smart meter installation by the electricity distribution system operator for end customers connected to the grid, with a voltage of no more than 1 kV and within the following periods: by the end of 2023 at least 15%, by the end of 2025 at least 35 %, by the end of 2027 at least 65%, and by the end of 2028 at least 80% of end users. The draft also requires the installation of remote reading meters at power stations, reforming the average voltage to low by the end of 2025. The draft act is currently being considered by the Committee for European Affairs. The obligation to equip by 1 January 2027 heat and water meters with a function enabling remote reading in premises of multi-apartment buildings is imposed by the draft amendment to the Energy Efficiency Act (number from the UC41 list), which was submitted for public consultation on 20 August 2020.

2.IV.v. Progress and current status on heating systems (Inspection / Equivalence) 

Poland adopted the regular inspection of heating and AC systems. Regulations and requirements are specified in the Construction Act and in the Act on the Energy Performance of Buildings. These laws state that building owners or managers are obliged to carry out a periodic inspection of the technical condition of a building’s heating and AC system and their power adjustment concerning heating or cooling needs.

Reports issued after 9 March 2015 must be registered in the relevant database of the central register (until now 7,500 reports for heating systems and 2,500 reports for AC systems have been submitted) and are randomly chosen for verification.

According to the Act on the Energy Performance of Buildings currently in force, periodic inspections must be performed:

• at least every two (2) years for boilers of an effective rated output over 100 kW using liquids or solid fuels;
• at least every four (4) years for boilers of an effective rated output over 100 kW using gas;
• at least every five (5) years for boilers of an effective rated output between 20 kW and 100 kW.

Inspections of the heating system include an assessment of the efficiency of these systems and their adaptation to the demands of the building and its users.

There shall be no control of heating systems where no changes that would affect their energy efficiency were made after the previous inspection.

Inspections of heating and AC systems in buildings can be performed by a person who has:

• building qualifications in installation, or;
• the qualifications required for supervision during the operation of equipment which produce, process, transform and consume heat as well as other power equipment.

2.IV.vi. Progress and current status on AC systems (Inspection / Equivalence) 

According to the Act on the Energy Performance of Buildings, AC systems with a rated output of over 12 kW should be inspected periodically and at least once every five (5) years.

Inspections of the AC system include an assessment of the efficiency of these systems and their adaptation to the demands of the building and its users.

Requirements for inspectors of AC systems are similar to those for heating systems described under IV.ii. The persons entitled to do periodical inspections must be included in the relevant database of the central register (Figure 3).

Figure 3. Central registry of the Ministry of Development.

2.IV.vii. Enforcement and impact assessment of inspections

Enforcement and penalties

Failure to carry out an inspection may result in a fine for the owner or manager of the building, in accordance with Article 93 point 8 of the Construction Act. Currently, there is no data concerning penalties issued by construction supervision authorities. Judgement on the issues shall be made on the basis of the provisions of the code of conduct in misdemeanour cases. The fine is up to PLN 500 (around 120 €) and is imposed by construction supervision authorities.

From 9 March 2015, in accordance with the Act on the Energy Performance of Buildings, failing to perform an inspection process or carrying out the inspection without qualifications will result in a fine for the owner, the manager of the building, or the expert. The verification of inspection outcomes is made ex officio or by request of the building owner/manager.

Quality control of inspection reports

An ordinance of the Minister of Infrastructure and Development, dated 17 February 2015, on the model protocols of inspection of a heating or AC system specifies that inspections:

• apply not just to the technical condition and energy efficiency of boilers, but to the whole heating system;
• must contain more than a statement concerning proper functioning.

There is a fixed detailed audit scope, including measurements as well as testing and control, which concludes with a five (5)-page inspection report.

The protocols of the inspection of a heating or AC system shall be submitted using the communication system, which is in the central register of the energy performance of buildings.

The person conducting the inspection shall provide a printed report with a reference number given by the ICT system to the person ordering the control.

Impact assessment, costs and benefits

The price for inspection is not fixed. The cost depends on the area of the building, where 1 m² corresponds to around PLN 1 (about 0.22 €).

In accordance with the Construction Act, the protocol of inspections of heating and AC systems should be included in the construction site book, both for existing and new buildings. The authority in charge of the database with inspection protocols is the Ministry of Development.

The reports are registered in the relevant database of the central register and they are randomly drawn for verification.

3. A success story in EPBD implementation

The introduction of coherent energy efficiency regulations in line with the EPBD succeeded in increasing the number of energy efficient buildings in Poland and in raising public awareness.

A mandatory review of regulations concerning the minimum requirements in the field of the energy performance of buildings was made for EU Member States. The most important changes in this area translated into amendments to technical and building regulations regarding thermal protection and energy consumption in buildings. The currently applicable requirements for the energy performance of buildings can be found in the regulation on technical conditions to be met by buildings and their location.

In 2016, energy poverty affected 12.2% of Poland's inhabitants, i.e., 4.6 million people or 1.3 million households. According to data available at the institute for structural research (http://ibs.org.pl/publications/jakograniczyc-skale-ubostwa-energetycznego-w-polsce), energy poverty previously affected 14.4%, 13.9%, 13.7% and 13.3% of the population respectively in the years 2012, 2013, 2014 and 2015. Energy poverty thus decreased during the period 2012-2016 by 2.2%. The improvement in the situation of households was largely the result of an increase in income. The 'Guide to Improve the Energy Performance of Buildings' released in January 2020 by the Ministry of Development is a publicly available guidebook which offers significant support and advice in energy efficient construction to a wide range of customers, including building owners, users and many others. The publication describes the evolution of energy performance regulations in Poland and, on the basis of multiple case studies, shows how to improve the energy performance of new and existing buildings. Moreover, the guidebook reveals national and regional incentives which support energy performance actions.

Some steps in implementing advanced metering infrastructure (AMI) have already been taken; however, they do not have a systematic nature, as these are the activities of individual energy companies and relate to pilot programmes involving the installation of remote meter reading in some Polish cities.

4. Conclusions, future plans

Since adoption of the amendments of EPBD in 2018, Poland has introduced rules and regulations aiming to improve the energy efficiency of buildings. Inter-ministerial activities are mainly focused on increasing energy efficiency. In the construction sector this can be achieved both by reducing energy consumption of new buildings (in particular by increasing the number of nearly-zero energy buildings) and successful renovation of existing buildings with increased energy efficiency, as well as by installing renewable energy sources. Therefore, work is currently ongoing to develop a new long-term strategy for the renovation of national stocks of residential and non-residential buildings, public and private, in accordance with the EPBD as amended by Directive 2018/844/EU.

Poland’s National Energy and Climate Plan for the years 2021-2030 presents the objectives, targets, policies and measures in five dimensions of the Energy Union: decarbonisation; energy efficiency; energy security; internal energy market; research, innovation and competitiveness. The greatest impact of this plan is expected from the construction sector. Currently, there are works undertaken on updating the methodology for the assessment of energy performance of buildings and their parts.

Endnotes

1. https://rejestrcheb.mib.gov.pl/wykazy
2. https://rejestrcheb.mib.gov.pl/wykazy. The website is administered by the Ministry of Development (http://mib.gov.pl/).
3. With a building permit issued after these dates.
4. http://mib.gov.pl/files/0/1797054/poradnik.pdf
5. Ustawa o zmianie ustawy o wspieraniu termomodernizacji i remontów oraz niektórych innych ustaw (U. 2019 r. poz. 51)
6. https://www.gov.pl/web/rozwoj/stop-smog

7. Energy poverty - https://en.wikipedia.org/wiki/Energy_poverty

8. bgk.pl/osoby-fizyczne/fundusz-termomodernizacji-i-remontow/
9. http://powietrze.mos.gov.pl/
10. https://dombezrachunkow.com/
11. https://www.gov.pl/web/rozwoj/poradnik-w-zakresie-efektywnosci-energetycznej-budynkow
12. https://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20180000317