Message 001
Communication from the Commission - TRIS/(2026) 1387
Directive (EU) 2015/1535
Notification: 2026/0252/NL
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20261387.EN
1. MSG 001 IND 2026 0252 NL EN 21-05-2026 NL NOTIF
2. Netherlands
3A. Ministerie van Financiën
Belastingdienst/Douane centrale dienst voor in- en uitvoer
(cdiu.notificaties@belastingdienst.nl, 050 5232135)
3B. Ministerie van Binnenlandse Zaken en Koninkrijksrelaties
4. 2026/0252/NL - B00 - CONSTRUCTION
5. Decision on municipal instruments for the heat transition
6. Technical building system for space heating
7.
8. (New) Articles 4.248a and 5.21a0 Bbl may contain technical provisions. In principle, all building owners have the option, within the general rules governing the energy performance of the technical building system for space heating as laid down in the Bbl, to choose a different system from the one offered by the local authority; however, the supply of methane gas to all homes and buildings will be discontinued. In addition, this decision provides for a ban on carbon emissions from fossil fuels that every building owner must comply with. These provisions tighten the energy performance requirements for technical building systems for space heating in a heat transition area to a value of ≤ 0.7 for new builds and renovations where there is no connection to a district heating network. These provisions state that a building owner may choose to use an alternative to natural gas other than the one specified in the local development plan as a replacement for the natural gas connection. The technical building system must then meet the energy performance value for space heating of a value of ≤ 0.7.
A mutual recognition provision is included in Article 1.2 of the Bbl.
9. The provision is non-discriminatory, necessary and proportionate.
Firstly, the provision applies to all technical building systems for space heating in the heat transition area, regardless of the country where this technical building system was produced. The requirement also applies to all buildings within the heat transition area, regardless of the nationality of the owner or user.
The requirement is necessary for an overriding reason relating to the public interest, protecting the environment. The draft decree allows municipalities to designate heat transition areas. In the long term, these areas will switch from natural gas to a sustainable energy supply, such as a district heating network or an electric heat pump. The municipality is proposing a sustainable energy supply, but building owners may also choose an alternative. The energy performance requirement has been added to prevent building owners from opting, for example, for an inefficient heat pump or an inefficient combustion of biofuel (such as wood burning and inefficient pellet stoves). It would be counterproductive if the buildings in a heat transition area switched to an alternative to methane gas that could potentially emit more CO₂. The energy performance requirement is designed to prevent this. This is because building owners may only opt for sustainable alternatives. This effectively reduces CO₂ emissions within a heat transition area, contributing to climate change mitigation.
Finally, the provision is proportionate. With a value of ≤ 0.7 most inefficient systems are excluded, but the freedom of choice for building owners to choose their own technical building systems for space heating is guaranteed. The building owner may choose any alternative they wish, provided that it is sufficiently sustainable. With any future technological developments, building owners may eventually be able to choose from even more options than just a district heating network or an electric heat pump. Incidentally, heating networks are excluded from the energy performance requirement, because a heating network with a lower energy performance is still considered sufficiently sustainable. Imposing this strict requirement on district heating networks would therefore go beyond what is strictly necessary to limit CO₂ emissions in the heat transition area. Moreover, the requirement only applies in a heat transition area, which has been designated by the municipality. Inefficient systems are still permitted outside this area. It has therefore been explicitly decided not to impose a nationwide ban.
9a. If this energy performance requirement were not incorporated into the building’s technical systems, it would mean that inefficient heat pumps or inefficient biofuel combustion—such as wood-burning or inefficient pellet stoves—could be chosen as alternative energy solutions. It would be counterproductive to switch from (fossil) methane gas to alternatives that potentially emit more CO₂. Such a switch could also mean serious deterioration of air quality in the heat transition area. With a value of ≤ 0.7, most inefficient systems are excluded.
9b. The measure constitutes a minor restriction of the internal market because citizens and businesses within the heat transition area cannot opt for a technical building system with an energy performance requirement higher than 0.7. This may have implications for technical building systems imported from other Member States. The provision applies regardless of the country in which the technical building system has been produced (although a provision of mutual recognition generally applies in the Bbl). In addition, it is possible that buildings in the heat transition area are owned by citizens and businesses from other Member States. They are not free to choose a technical building system with an energy performance requirement higher than 0.7. As described above, this measure is necessary to ensure that the draft decision is not ineffective (or even counterproductive) in achieving its intended objective: combating climate change and protecting the environment.
9c. With a value of ≤ 0.7 most inefficient systems are excluded, but the freedom of choice for building owners to choose their own technical building systems for space heating is guaranteed. The building owner may choose any alternative they wish, provided that it is sufficiently sustainable. With any future technological developments, building owners may eventually be able to choose from even more options than just a district heating network or an electric heat pump. Incidentally, heating networks are excluded from the energy performance requirement, because a heating network with a lower energy performance is still considered sufficiently sustainable. Imposing this strict requirement on district heating networks would therefore go beyond what is strictly necessary to limit CO₂ emissions in the heat transition area. Moreover, the requirement only applies in a heat transition area, which has been designated by the municipality. Inefficient systems are still permitted outside this area. It was therefore explicitly decided not to impose a nationwide ban, as that would be disproportionate.
10. Numbers or titles of the basic texts:
11. No
12.
13. No
14. No
15. No
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
