Energy Performance of Buildings Directive – first EU legislation to address accessibility of buildings



Energy Performance of Buildings Directive – first EU legislation to address accessibility of buildings

Article resarched by Aidan Silli, EDF intern, and edited by Marie Denninghaus, EDF Senior Policy Coordinator.

What has been improved in the revised Directive for persons with disabilities?

Directive 2024/1275  on the energy performance of buildings (recast) was adopted on 24 April and entered into force last week. EDF advocated for the inclusion of accessibility in the Directive, and we were successful on several levels. In the final text, the references were retained in multiple places:

  1. Member States will have the obligation to address accessibility for persons with disabilities for new buildings (Article. 7), as well as for existing buildings that are undergoing major renovations (Article 8), even though this provision is still quite vague.
  2. The Directive also obliges the Member States to inform vulnerable households about the measures in “tailor-made” ways and requires the setting up of accessible and transparent advisory tools such as renovation advice and the one-stop shops established pursuant to Article 18, also paying particular attention to vulnerable households (which can include persons with disabilities) (Art. 29).
  3. Guidance and training for those who are implementing Directive shall also be made available for under-represented groups (which could include persons with disabilities), and the training may also address accessibility for persons with disabilities.
  4. Member States have to publish national renovation plans, in which they have to include a roadmap with clear targets and measurable indicators for 2030, 2040, and 2050. Member States have to hold public consultations on those national plans and have to involve civil society and bodies working with vulnerable households. (Art. 3) Accessibility for persons with disabilities is an optional indicator in those plans.  (Annex II)
  5. Persons with disabilities shall have equal access to the information in energy performance certificates (Annex V)

The recitals (which do not impose legal obligations) mention :

  1. When renovating buildings for energy efficiency, it should not have a detrimental effect on accessibility;
  2. Recharging points for electric vehicles should, where technically possible, also be accessible.

Background

Accessibility of buildings and (social) housing is crucial for persons with disabilities. As the population ages, buildings need to be able to be accessible for persons with disabilities, especially due to projected increases in life expectancy.

Rather than having a series of costly small renovations, it is imperative that accessibility is considered from the beginning and that buildings that are undergoing major renovations consider accessibility into their design. Solutions to fix accessibility can be expensive and it will be beneficial to consider making buildings accessible from the start or to make sure that major renovations focus on accessibility.

It is also important to consider that persons with disabilities (although not always) are disproportionately affected by subpar buildings. Elements such as bad insulation, high presence of bacteria/mold, and improper heating/cooling can have devastating impacts on persons with disabilities. Difficulties with leaving their house can make issues such as energy consumption and cost more important, as persons with disabilities might need medical equipment, mobility devices, or assistive devices that would require a higher energy usage compared to other residents. Every choice made by construction professionals needs to be considered, as even elements such as floor material can have negative impacts on wheelchair users or persons who are blind or partially sighted.

Conclusion

The Directive has made significant progress in inclusion of areas related to accessibility, and legislators have added elements related to disability rights that were not in the previous version. This is a great success to get one step closer to have more accessible buildings for persons with disabilities, even if this was not primary focus of the legislation. We will work with our members to ensure the national laws are adapted ambitiously.