Energy Ordinance (EnVSO) - Competent Department (EnVSO)

1. The Department of Economic Affairs implements the energy regulations of the federal government and the canton, unless otherwise specified.

2. The Department of Economic Affairs operates an energy specialist office.

3. The Department of Construction and Justice serves as the appeal authority pursuant to § 20 paragraph 2 of the Energy Governance and Supervision Ordinance (EnGSO).

1. Municipal building authorities enact the regulations concerning

a) the requirements for thermal insulation of structures (§§ 8-14 EnVSO);

b) requirements for technical building installations (§§ 15-25 EnVSO);

c) outdoor heating systems and heated outdoor swimming pools (§ 26 EnVSO);

d) electricity demand (§ 27 EnVSO);

e) utilization of heat in electricity generation plants (§ 28 EnVSO).

2. They issue specific directives or make orders within the building permit.

3. Decisions by the building authorities are subject to the standard building appeal procedure according to § 2 paragraphs 2 - 6 of the cantonal building ordinance.

4. Proof can be waived if the authorized certification body confirms that the MINERGIE® standard is complied with. The provisional certificate is sufficient.

5. The municipalities may appoint external experts to conduct the inspection and control according to paragraph 4.

6. The building authorities forward applications for exceptional permits pursuant to § 17 EnGSO with their recommendation to the Department of Economic Affairs (Energy Office).

1. The Department of Economic Affairs promotes information and consultation concerning the economical, appropriate, and environmentally friendly use of energy, as well as training and continuing education in energy matters.

2. It ensures coordination and cooperation with the federal government, other cantons, regions, municipalities, professional associations, and private entities.

1. The payment of contributions is governed by a separate regulation.

1. This regulation applies to

a) New buildings that are heated, ventilated, cooled, or humidified;

b) Conversions and changes in use of existing buildings that are heated, ventilated, cooled, or humidified, even if these measures do not require building law approval;

c) New installations of building services systems for the preparation and distribution of heat, cold, hot water, and room air, even if these do not require building law approval;

d) Renewal, conversion, or modification of building services systems, even if these measures do not require building law approval.

2. Extensions and new-construction-like alterations, such as gutting and the like, are considered new constructions except in minor cases and must meet the requirements for new buildings.

1. In this regulation, the following terms mean

a) Structure/Building: An artificially constructed facility embedded in the ground or standing on it, designed for a long-term basis, which encloses a space to protect humans, animals, and goods against external, particularly atmospheric, influences more or less completely. This also includes movable structures, provided they are used fixedly for an extended period.

b) Facility: An artificially created and permanently installed facility that is fixedly related to the ground and does not qualify as a structure, such as ramps, parking lots, sports fields, shooting ranges, cable cars, etc.

c) Installations and Equipment / Building Services Installations: Energy-relevant installations related to a structure or facility.

d) Affected by renovation: A component is considered "affected by renovation" if it undergoes more than mere surface refreshing or repair work.

e) Affected by a change of use: A component is considered "affected by a change of use" if the standard use alters the temperature difference.

2. Furthermore, the definitions in Article 1 of the Energy Ordinance (EnV) of 7 December 1998 apply.

1. The necessary energy-efficient and indoor air quality measures outlined in this regulation shall be planned and executed according to the current state of the art.

2. Unless otherwise specified by law and regulation, the state of the art is defined by the requirements and calculation methods of the applicable standards and recommendations of professional organizations, the Conference of Cantonal Energy Directors, and the Conference of Energy Offices, as well as the standards and recommendations of the professional organizations listed in Annex 1.

1. The requirements for thermal insulation of buildings apply—with the exception of cooling rooms, greenhouses, and air-supported structures—according to paragraphs 2 to 4.

2. For the verification of adequate thermal insulation, two methods are defined in the standard SIA 380/1 "Thermal Energy in Building Construction" (Annex 1). These should be applied with the following restrictions

a) Compliance with individual requirements for the thermal insulation of the specific parts of the building envelope

1. for new buildings and new components in conversions and repurposings according to the requirements in Annex 2a;

2. for all parts affected by conversion or repurposing according to the requirements in Annex 2b.

b) Compliance with a system requirement in the form of a specific heating energy demand

1. the calculation of the requirement is conducted using the values according to Annex 2c.

3. For system verification, the climatic data from the Wynau climate station must be used.

4. The system verification for conversions and repurposings must include all rooms containing components affected by the conversion or repurposing. The rooms not affected may also be included in the system verification.

1. Summer thermal protection must be demonstrated.

2. For cooled rooms or for rooms where cooling is necessary or desired, the requirements for the g-value, control, and wind resistance of the sun protection must comply with the state of the art.

3. In other rooms, the requirements for the g-value of sun protection must comply with the state of the art.

1. Exemptions from the requirements for winter thermal insulation of the building envelope pursuant to § 8 EnVSO are possible for

a) Buildings that are actively heated to less than 10 °C, excluding cold storage rooms;

b) Cold storage rooms that are not actively cooled to below 8 °C;

c) Buildings whose construction permit is limited to a maximum of 3 years (provisional buildings).

2. Conversions are exempt from the requirements for winter thermal insulation of the building envelope pursuant to § 8 EnVSO, if they do not involve an increase or decrease in indoor air temperatures and thus no higher temperature difference is created in the thermal building envelope.

3. Exempt from the requirements for summer thermal insulation of the building envelope pursuant to § 9 EnVSO are

a) Buildings whose construction permit is limited to a maximum of 3 years (provisional buildings);

b) Conversions, if they do not result in any rooms newly falling under § 9 EnVSO;

c) Projects for which it is proven using a recognized calculation method that no increased energy consumption will occur.

1. New constructions and extensions of existing buildings (such as additional floors, annexes, etc.) must be designed and equipped such that no more than 80% of the permissible heating and hot water energy demand is covered by non-renewable energies.

2. This requirement is also considered fulfilled if one of the standard solutions according to Annex 7 is professionally implemented.

3. Extensions of existing buildings are exempt from the requirements under paragraphs 1 and 2 if the newly created energy reference area is less than 50 m² or a maximum of 20% of the energy reference area of the existing building section and does not exceed 1000 m².

1. The permissible heat demand for new buildings is derived from the limit value for heating energy demand according to § 8 EnVSO and the heat demand for hot water corresponding to the standard usage according to SIA Standard 380/1 (Appendix 1).

2. Electricity is weighted with a factor of 2.

3. For buildings with mechanical ventilation systems, the calculation of the heating energy demand can include the actual energy requirement for ventilation, including the energy requirement for air distribution. The hygienically necessary outside air volume flow must be ensured.

1. In refrigerated rooms cooled to less than 8°C, the average heat influx through the enclosing structures per temperature zone must not exceed 5 W/m².

2. The corresponding calculation must be based on the design temperature of the refrigerated room on the one hand, and the following ambient temperatures on the other

a) in heated rooms: the design temperature for heating;

b) against the external climate: 20°C;

c) against the ground or unheated rooms: 10°C;

3. For refrigerated rooms with a usable volume of less than 30 m³, the requirements are also met if the enclosing structures maintain an average U-value of U ≤ 0.15 W/m²K.

1. For commercial and agricultural greenhouses, where specified growth conditions must be maintained for the cultivation, production, or marketing of plants, the requirements for "Heated Greenhouses" (Appendix 1) apply.

2. For heated air-supported structures, the requirements for "Heated Air-Supported Structures" (Appendix 1) apply.

1. In new buildings, boilers operated with fossil fuels and having a safety temperature of less than 110°C must utilize the condensation heat.

2. When replacing the heat generator, the requirement under paragraph 1 applies as far as it is technically possible and economically reasonable.

1. Heat pumps shall be designed such that electric resistance heaters are used to cover the standard heating load only when the standard outdoor temperature is exceeded.

1. Water heaters as well as hot water and heat storage units, for which there are no energy requirements under federal law, must not have insulation thicknesses lower than those specified in Appendix 3 with regard to full thermal insulation.

2. Water heaters must be designed for an operating temperature of a maximum of 60°C. Exceptions are water heaters whose temperature must be higher for operational or hygienic reasons.

3. In new constructions, the installation of direct-electric heating for domestic hot water in residential buildings is permitted if

a) The domestic hot water is heated or pre-heated by the space heating generator during the heating period, or

b) The domestic hot water is primarily heated by means of renewable energy or otherwise unusable waste heat.

4. The same requirement also applies when fully replacing the hot water supply in existing buildings, provided this is technically feasible and economically viable.

1. The flow temperatures for new or replaced heat distribution systems must not exceed 50 °C at the relevant reference temperature, and must not exceed 35 °C for underfloor heating systems. Exceptions include hall heaters using radiant tube heaters and heating systems for greenhouses or similar, provided that they demonstrably require a higher flow temperature.

2. The following new installations or those newly established as part of refurbishment, including fittings and pumps, must be consistently insulated against heat loss with at least the insulation thicknesses specified in Annex 4

a) Heating distribution pipes in unheated rooms and outdoors,

b) Hot water pipes in unheated rooms and outdoors, except for branch lines without heat tracing to individual tap points,

c) Hot water pipes from circulation systems or hot water pipes with heat tracing in heated rooms,

d) Hot water pipes from the storage to the distributor (including the distributor).

3. In justified cases, such as intersections, wall and ceiling penetrations, maximum flow temperatures of 30 °C, and for fittings, pumps, etc., the insulation thicknesses can be reduced. The specified insulation thicknesses apply to operating temperatures up to 90 °C; for higher operating temperatures, the insulation thicknesses must be appropriately increased.

4. For buried pipes, the UR values according to Annex 5 must not be exceeded.

5. When replacing the heat generator, freely accessible pipes must be adjusted to meet the requirements of Paragraph 2, insofar as local spatial conditions permit.

6. In heated rooms, devices must be installed that allow the room air temperature to be individually set and automatically controlled. Exceptions are rooms that are predominantly heated with sluggish surface heating systems with a maximum flow temperature of 30 °C.

1. Ventilation systems with outdoor air and exhaust air must be equipped with a heat recovery system that exhibits a temperature change efficiency according to the state of the art.

2. Simple exhaust systems in heated rooms must be equipped either with a controlled supply of replacement air and heat recovery or with the utilization of the exhaust air's heat, provided that the exhaust air volume flow exceeds 1,000 m³/h and the operating time is more than 500 hours per year. In this context, several separate simple exhaust systems in the same building are considered as one system.

3. Regarding the net area, the air velocities in devices must not exceed 2 m/s and in the main duct leg the following values

a) up to 1,000 m³/h: 3 m/s

b) up to 2,000 m³/h: 4 m/s

c) up to 4,000 m³/h: 5 m/s

d) up to 10,000 m³/h: 6 m/s

e) over 10,000 m³/h: 7 m/s

4. Air handling systems for rooms or groups of rooms with significantly differing uses or operating times must be equipped with devices that enable individual operation.

1. Ducts, pipes, and equipment of ventilation and air conditioning systems must be protected against heat transfer (heat loss and heat gain) depending on the temperature difference in the design case and the λ-value of the insulation material (Annex 6).

2. In justified cases, such as at crossings, wall and ceiling penetrations, infrequently used lines with dampers in the area of the thermal envelope, as well as when space issues arise during renovations and refurbishments, the insulation thicknesses may be reduced.

1. The installation of new systems and the replacement of existing systems for cooling, humidification, and dehumidification is permitted if the electrical power demand for media conveyance and treatment, including any necessary cooling, humidification, dehumidification, and water treatment, does not exceed 7 W/m² in new buildings or 12 W/m² in existing buildings.

2. For systems not covered under paragraph 1, the humidity control and, in the case of comfort cooling, the chilled water temperatures and the performance indicators for the cooling production must be designed and operated according to the state of the art.

1. For surface heating systems, a U-value of no more than 0.7 W/m²K must be maintained for the component between the heat emission and the adjacent utility unit.

2. New constructions requiring equipment within the meaning of § 15 EnGSO are considered to be all buildings and building groups for which a building permit has been granted after July 1, 1992.

1. Existing buildings with central heat supply for five or more user units must be equipped with devices for detecting individual heat consumption for heating and hot water during a complete renewal of the heating and/or hot water system.

2. Existing building groups with central heat supply must be equipped with devices to detect heat consumption for heating per building if one or more buildings have their building envelope renovated over 75 percent.

1. In buildings and groups of buildings where there is an obligation to equip, the costs for heat consumption (heating energy and, if applicable, hot water) must be billed at least 60 percent based on the measured consumption to the individual user units.

2. For the corresponding billing, only devices whose compliance is recognized by the Federal Office of Metrology METAS may be used.

3. For the allocation of costs, the principles formulated in the billing model of the Federal Office of Energy must be adhered to.

1. Exemption from the Equipment and Billing Obligation for Heating Energy Consumption applies to buildings and building groups

a) whose installed heat generation capacity (including hot water) is less than 20 watts per m² of energy reference area; or

b) that comply with the MINERGIE® standard.

1. Open-air swimming pools as defined in § 12 of the Energy Saving Ordinance (EnGSO) are water basins with a capacity of more than 8m³.

1. For new constructions, alterations, and changes in use with an energy reference area (ERA) of more than 1000 m², compliance with the limits for annual electricity requirements according to SIA 380/4 "Electrical Energy in Building Construction" must be demonstrated for lighting E’li and either ventilation E’v or ventilation/air conditioning E’vch.

2. If the target value for the specific power of the lighting p'li is maintained, verification that the limit for its annual electricity requirement is adhered to can be waived.

3. If the limit value for the specific power of the ventilation p'v is maintained, or if the mechanically ventilated net area is less than 500 m², verification that the limit for its annual electricity requirement is adhered to can be waived.

4. If the electrical power requirement for ventilation/air conditioning in new installations does not exceed 7 W/m², or in the case of renewal, alteration, or modification of building services installations does not exceed 12 W/m² (§ 21), verification that the limit for its annual electricity requirement is adhered to can be waived.

1. The construction of electricity generation plants using renewable gaseous fuels is permissible only if the heat generated during operation is utilized professionally and extensively. This requirement does not apply if only a limited portion of non-agricultural green matter is used and there is no connection to the public gas distribution network, nor can such a connection be established with reasonable effort.

2. The construction of electricity generation plants using renewable solid or liquid fuels is permissible only if the heat generated during operation is utilized professionally and extensively.

1. Measures to be implemented based on a consumption analysis are reasonable for large consumers if they comply with the state of the art, are economically viable over the investment's period of use, and are not associated with significant operational disadvantages.

1. The competent authority may, within the framework of the specified objectives in accordance with § 9bis EnGSO, enter into medium and long-term consumption agreements with individual or groups of major consumers. In doing so, the efficiency of energy use at the time of target setting and the foreseeable technical and economic development of the consumers shall be taken into account. For the duration of the agreement, these major consumers are exempted from compliance with the following provisions

a) Utilization of waste heat in industry and commerce (§ 10 EnGSO);

b) Requirements for outdoor heating and open-air baths (§ 12 EnGSO);

c) Electricity demand (§ 18 EnGSO);

d) Heat utilization in electricity renewal plants (§ 13bis EnGSO);

e) Requirements for heating systems (§ 9 EnGSO);

f) Proof of need for cooling and/or humidification (§ 11 EnGSO).

2. The competent authority may terminate the agreement if the consumption targets are not met.

3. Major consumers may form groups. They organize themselves and regulate the admission and exclusion of members.

1. Applications pending at the time of the entry into force of this regulation shall be assessed according to the new law.

1. Upon the enactment of this regulation, the Ordinance on the Energy Act (EnVSO) of May 9, 2006, is repealed.

1. This regulation shall enter into force on January 1, 2011. The right of objection by the Cantonal Council remains reserved.