On 1 January 2022, the Act (2021: 787) on the climate declaration for buildings will enter into force. The law means that the client must report to the National Board of Housing, Building and Planning the climate impact that arises during the construction of buildings. The submitted declaration will entail a requirement for the client to be able to receive a final decision.
In addition to the new law, an ordinance and a regulation from the National Board of Housing, Building and Planning will also enter into force. The purpose of the new regulations is to reduce the climate impact when buildings are erected. A climate declaration shall include information concerning the extraction of raw materials and manufacturing in the product phase, the construction and installation process in the construction production phase and transports in the two phases.
The requirements apply to new buildings subject to a building permit where the building permit application has been submitted on 1 January 2022 or later. In order to be able to obtain a final decision in accordance with the Planning and Building Act, the client will need to show that a climate declaration has been submitted. There is no exact time for when the declaration is to be made and submitted, but without a climate declaration submitted, the municipality will not be able to issue a final decision but only an interim final decision.
Some buildings are exempt from the new requirements, including buildings with a temporary building permit that are intended to be used for a maximum of two years, buildings for industrial or engineering purposes, outbuildings for agriculture or forestry and buildings with a gross area of no more than 100 square meters. . With regard to the exemption for industrial or workshop purposes, this also applies to warehouse buildings used for industrial or workshop purposes. However, at present there is no general exception for warehouse buildings, but whether warehouse buildings are affected by the requirements depends on the purpose of the warehouse building.
Furthermore, there is no limit value for the maximum permissible climate impact, but a limit value may be introduced later. The National Board of Housing, Building and Planning has proposed to the government that limit values be introduced in 2027.
Comment
It is likely that additional requirements will be introduced regarding climate declarations. For example, the National Board of Housing, Building and Planning has proposed that more stages of the building’s life cycle should be covered, for example the operational phase. It is also likely that limit values will be introduced, not least as part of achieving the national climate goals by 2045.
For more information about the new requirements, please contact:
Fanny Davidsson, associate lawyer
Mobile: +46 72 373 03 54
Email: [email protected]