1. Issues regarding the building itself
a. Requirements under public building law regarding energy efficiency.
The Energy Efficiency Law encourages energy efficiency in buildings, and imposes obligations on the owner to maintain and increase of energy efficiency.
Articles 13, 31, and 36 of Technical Regulation on the Safety of Buildings Law sets out the requirements for energy efficiency in buildings.
b. Do the regulations applicable under a) only affect new buildings or have all the buildings be provided with energy efficiency facilities?
The above mentioned regulations are applicable to both, existing buildings and buildings under construction. New buildings should be put into operation only provided an appropriate level of the energy efficiency is met. Existing buildings should be improved to conform to energy efficiency requirements within the prescribed period. Certain buildings with specific purposes or characteristics (religious, classified as cultural, individual housing construction, temporary and subsidiary constructions, etc.) are exempt from the energy efficiency requirements.
c. Does the market pay any attention to energy certificates?
Introduced on 1 January 2009, the Energy passport is an obligatory document which is compiled based on an energy examination of the building. The building cannot be put into operation without an Energy passport. There are also legal sanctions for the failure to present an Energy passport. However, since the relevant regulations have been adopted relatively recently, there have been a limited number of new buildings on the market and the period for existing buildings to conform to energy efficiency requirements has not yet expired. Therefore, the Energy passport regulations are not in the main focus for market players at this stage.
d. How popular is certification of buildings (LEED, BREEAM, etc.)?
Currently the certification of buildings in Russia is underdeveloped. There are energy efficiency requirements approved by Government Decree which contain the rules for determining the energy efficiency class of residential buildings.
2. Issues regarding the use of the building
a. Can the landlord push on the operating costs (mainly for electricity, water, heating) to the tenant following consumption or does that need to be established by the lease? Is there a distinction drawn between different types of buildings (e.g. residential, office, commercial, etc.)?
There is no obligation for the landlord to charge operating costs, regardless of the type of building. The service charges should be fixed in the lease contract.
b. Does a landlord have the right to perform construction measures to improve the energy efficiency of a building (also against the intention of the tenant). Is there a distinction drawn between different types of buildings (e.g. residential, office, commercial etc.)?
According to the Energy Efficiency Law, as a general rule, the owner of the building is obliged to improve the energy efficiency of a building. Thus the landlord (the owner of a building) should perform such measures independently of the will of the tenant. Article 12 of the Energy Efficiency Law provides that the obligation to improve the energy efficiency of a residential building can rest with a managing company.
c. Does a landlord have the right to receive a reimbursement of the costs for the measures under b)? Is there a distinction drawn between different types of buildings (e.g. residential, office, commercial, etc.)?
As the legislation regarding the energy efficiency was adopted at the end of 2009, there is no established practice relating to the reimbursement of the costs for the above measures. At the same time, the lease contract may provide for the increase of the rent or additional payments relating to the improvement of the energy efficiency of a building if it is agreed by the parties.
d. If the respective rights mentioned in b) and c) do not exist by statute, but need to be established by the lease contract: Does a standard for such regulations exist (and what is its content)? Please give examples of typical regulations.
There is no such standard in Russia.
e. Which other obligations regarding sustainability (building materials, energy efficiency, waste management etc.) exist? If they need to be imposed by the lease agreement: does a standard for such regulations exist (and what is its content)?
Please give examples of typical regulations.
Parties may agree upon the maintenance of the building. If the agreement does provide for the maintenance of the building, the landlord has a duty to perform a general overhaul, and the tenant is obliged to carry out current repairs and maintain the building and to keep it in good condition. There is also a law containing requirements of waste management and operation of buildings.
3. Allocation of costs; incentives to improve sustainability of buildings or its use.
The best way to allocate costs is to specify it in the lease agreement. Residential buildings with a high energy efficiency rating benefit from a 3 year tax exemption.