Assuming that the technical and organisational procedures for easy access to reliable input data and to good quality of the works are available, one key question remains: How to act in case of non-compliance?
Non-compliance can cover 3 aspects:
- No reporting about the performance and/or the works
It regularly occurs, in a number of countries, that the required evidence (documents, ..) is not provided. In case such non-compliance is not sanctioned, control is not possible and a possibly substantial part of the market may decide to pay no attention to the requirements.
Several studies have provided evidence that there can be substantial differences between the declared performances and the actual performances. If there is no effective sanctioning framework in place, a possibly substantial part of the market may decide to apply less well-performing products than declared.
- Not meeting the performance requirements
In case there is clear evidence that the required performances are not achieved, it is important to have a sanctioning framework in place that maintains the drive for good performances.
QUALICHeCK identified interesting approaches to achieve good compliance and effective frameworks for penalties. There were various aspects to be looked for, e.g.:
- Who is in charge of the effective implementation of compliance and sanctioning (e.g. judges, civil servants, …)?
- What are possible bottlenecks and interesting approaches?
- What kind of sanctions can be envisaged and which are their pros & cons and legal & organisational aspects, e.g.:
- Financial penalties
- Obligation to bring the building in line with the requirements
- No permission to occupy the building
- No connection to the grid
- No financial incentives (subsidies, tax reduction, ….)
This work has been led by the Austrian Sustainable Building Council (OEGNB).
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