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News

  • 15.03.2011

Since 2012 ACE mandatory for real estate ads

The first Italian region to set an example was of Lombardy, which introduced the obligation to indicate the class of buildings in commercial ads for sales and leases (see here).

Regional Law 3 / 2011 (Linked regulated directions 2011), which entered into force on 11 March, in fact, Article 17 provides that the Regional Council that the provisions for "that an indication of the class and building energy performance index or single residential unit in all the commercials aimed at their sale or lease. " For the owner of the ad business that does not fulfill this obligation is made for "administrative fine of 1,000 € to 5,000 €, which competes with its revenue, the municipality where the building is situated."

Directive 2010/31/CE

With this measure reflects the Lombardy as indicated by the recent Directive 2010/31/CE on the energy performance of buildings, published in the Official Journal of the European Union June 18, 2010. This Directive, which replaces Directive 2002/91/EC which will be repealed on 1 February 2012, provides that in case of an offer for sale or lease of buildings or building units with an energy performance certificate, energy performance indicator that figure in the certificate must be shown in all the commercials.

Community Act 2010

The transposition of Directive 2010/31/CE in Italy is provided, inter alia, the Community Act 2010 ("Provisions for the fulfillment of obligations arising from Italy to the European Communities"), adopted at first reading by the Senate in February.

Renewable Decree

The obligation under the European Directive, to indicate the class of buildings in the estate has now been taken up and clarified (see here) in the legislative decree transposing Directive 2009/28/EC on the promotion of renewable sources. The decree of the forthcoming entry into force, adds two new ones, on the 2-b and 2-c art. 6 of Legislative Decree no. 192/2005.

Energy in the Title Deeds Certificate

The new paragraph 2-b provides for the inclusion in contracts for the sale or rental of individual units, "to a clause whereby the purchaser or the tenant to acknowledge receipt of the information and documentation regarding the certification efficiency of buildings. " For leases, the provision applies only if the buildings or individual real estate agencies already have energy performance certificates - ACE (these are the subject of recent construction or real estate sales or operations for which it was taken advantage of tax deductions 55%).

Contents of the energy performance of real estate ads

Paragraph 2-quarter stipulates that from 1 January 2012 commercial ads for the sale of buildings or individual units bring back the energy performance index in the AC content. It is well exceed the figure of over 1 million real estate listings and ACE: Data on sales of homes (611,878 in 2010 according to estimations by the real estate market) are in fact the numbers added up all the leases on property and labor . The turnover is estimated at nearly 300 million € (300 € to ACE on average) for buildings that are devoid of energy performance certificates.