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Green buildings offer several ways to reduce GHG emissions associated with energy use in buildings. The rising global demand on green buildings has a direct impact on energy efficiency uptake. With the rising costs of energy, consumers are “demanding energy efficiency in their buildings, including their homes,” schools and public institutions. This growing demand for energy efficiency will subsequently reduce GHG emissions from buildings.53 Energy efficiency demand has resulted in the development and adoption of numerous technical options such as high-tech building materials, equipment and energy management technology on the global market to reduce GHG emissions in building stocks.54 Concepts like net-zero buildings, insulation, smart glazing,

49 USGBC Green building and LEED core concepts guide 2011.

50 USGBC Green building and LEED core concepts guide 2011.

51 architecture2030.org Section Buildings solution how.

52 Hirokawa Jonathan Verschuuren 2013. p.29.

53 Colburn St. Thomas 2008, p.245.

54 morganstanley.com Section Green buildings power savings and returns

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and building automation are of increasing interest.55

Green buildings have advocated for the installation and use of more efficient generators in buildings, efficient transmission, and distribution systems resulting in reduced emissions contribution. Reduction of energy needs through passive energy designs or reducing grid reliance through on-site wind and solar generation contribute to achieving ―net zero energy buildings which consume very little energy as a result of excellent insulation. The integration of smart buildings and smart grids boosts energy efficiency use. Net-zero energy buildings have a potential to lower emissions by 90% than the current building standards.56 Switching to onsite renewable energy and lower carbon fuel technologies such as solar, wind, geothermal and biogas is a major step in green buildings. Although these are intermittent sources of energy, their potential and cost will vary from location to location. Solar energy has been widely adopted, however the current high costs prohibit mass adoption particularly in developing countries. The seasonal variations and lack of energy storage technologies affect the adoption of solar, wind and geothermal energy in green buildings.

Green buildings promote the adoption of energy efficient building materials, high tech and efficient construction methods. The adoption of LED efficient lighting, low energy consumption air conditioners, refrigerators, household appliances and equipment are fundamental in green buildings. Heating and cooling accounts for the highest energy consumption in existing buildings therefore enhancing the building’s thermal integrity through improved sealing and insulation, energy-efficient windows, proper building orientation that effectively makes use of natural light are important technical options of green buildings. Green buildings’ orientation towards the sun to capture natural lightning and the use of efficient lamps is reported to eliminate emissions of 0.67 GtCO₂ /year in 2030.57 Green buildings promote thermal retrofitting of existing buildings with a potential to reduce emissions by 0.52 to 0.93 GtCO₂/year in 2030.58 Building fabric insulation measures such as loft insulation, cavity wall insulation and solid wall insulation have been adopted

55 UNEP Emissions Gap Report 2017, p.29.

56 UNEP Emissions Gap Report 2017, p.29.

57 UNEP Emissions Gap Report 2017, p.29.

58 UNEP Emissions Gap Report 2017, p.29.

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in many green buildings. This has been enhanced by the adoption of measures such as heating controls (e.g. room thermostats and thermostatic radiator valves).

The adoption of automated green buildings has necessitated the upscaling of automated demand response systems that avoids the generation of electricity from the most polluting plants during peak hours.59 The real time monitoring of energy demand has necessitated the reduction of GHGs associated with power generation. Smart grid technology is integral to smart buildings to enhance energy efficiency uptake. Automated green buildings have become energy generators as well as users, providing as much energy to the grid as they draw from it.60 The adoption of such intelligent buildings that are capable of measuring, managing and controlling energy demands of a green building is critical to energy efficiency of buildings.

To further reap the potential from green buildings, energy efficiency efforts have been intertwined with global Sustainable Development Goals (SDGs) to reduce anthropogenic GHG emissions.

SDGs “form a set of strategic pathways to guide our development agenda in mitigating mega challenges of climate change.”61 This global focus on addressing transboundary problems such as climate change will most likely increase the uptake of energy efficiency of building stocks as projected in the 2016 Emissions Gap Report. With the global focus on SDGs, improved energy efficiency benefits are pursued to “ensure access to affordable, reliable, sustainable and modern energy for all”, and to increase the global uptake of energy efficiency by 2030.62 Global efforts in energy efficiency show an all hands approach on reducing emissions from buildings as advocated by the UN Environment.

On a global scale, strategies adopted to further reap the potential from green buildings include the inclusion of energy efficiency as one of their priority action areas on INDCs. This inclusion by the EU and over 167 States strengthening the role of energy efficiency and green buildings in the

59 Buildings.com Section Smart green buildings

60 Buildings.com Section Smart green buildings

61 Thefinancialexpress.com Section Reaping the benefit of green building.

62 UNEP Emissions Gap Report 2016, p.xxi.

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global climate change toolbox.63 According to the UN Environment, “investments in energy efficiency increased by 6% to US$221 billion in 2015,” indicating that action is already happening.64 Most importantly the 2016 Emissions Gap report highlighted that the global buildings policies have immensely accelerated energy efficiency gains.65

In conclusion, green buildings are an important first step in climate change mitigation efforts targeting energy efficiency of building stocks through various technical options and strategies.

They offer an alternative path to GHG emissions reduction in buildings on a local, regional and global scale by pursuing a clean energy path to effectively address climate change. Since emissions reductions are generally more cost-effective for demand-side investments,66 the focus on the end-use energy efficiency of green buildings is widely significant and green buildings should be given a central role in current and future climate change regimes.67 Literature reviews for green building initiatives and strategies show that green building practices support adaptation and mitigation efforts by reducing reliance on produced energy and physical infrastructure and providing standards that are accountable to locational challenges and other physical circumstances.68 Green buildings have necessitated the shift from building models based on fossil fuels towards a green economy based on low-emission and climate-resilient building development strategies69 and further efforts should be made in integrating renewable energy sources and low-carbon technologies to green buildings’ energy supply.70

63 UNEP Emissions Gap Report 2016, p.33

64 UNEP Emissions Gap Report 2016, p.33

65 UNEP Emissions Gap Report 2016, p.34

66 UNEP Emissions Gap Report 2016. p.32.

67 Dreyfus CCLR 2013, p.284.

68 Hirokawa Jonathan Verschuuren 2013. p.7.

69 Wanjiru, Fordham Envtl. L. Rev 2011, p.2.

70 Thefinancialexpress.com Section Reaping the benefit of green building.

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3 EU REGULATORY FRAMEWORK ON ENERGY EFFICIENCY AND GREEN BUILDINGS

The EU regulation on energy efficiency of buildings is generally based on directives which set minimum requirements, obligations and measures for all Member States to abide by. These directives include specific energy efficiency standards for both new and existing building stocks.71 The Union law has to be transposed to Member States’ legal systems (with equal or more stringent requirements) in order to effectively address the principle of energy efficiency first which “is the acknowledgment that Europe's biggest domestic energy source is energy efficiency.”72

This chapter will therefore examine the EU principal legislation on energy efficiency (EED and EPBD) and the EU’s growing portfolio of legislation73 that addresses and promotes energy efficiency of buildings. These directives and regulation are relevant in addressing energy efficiency of buildings by targeting different measures, goals and different aspects of energy savings. They also variably influence the consumers behaviour and regulate the operations of energy providers.

The first section will address the legal basis on which energy efficiency measures are adopted and the EU competencies on energy efficiency. The second section will focus on the principal legislative instruments addressing energy efficiency on EU level-EPBD and EED directives. The key provisions and their impacts on energy efficiency in Member States are examined and explored. Bearing in mind that the EED and EPBD regulatory instruments cannot be assessed in isolation, the third section further examined the supporting directives namely the RED, Eco-Design Directive and the EU ETS. Essentially this chapter also focuses on the proposed EPBD legislative updates in the last section.

71Parejo-Navajas, Seattle J. Envtl. L 2015, p.380.

72 Citynvest.eu Section What is the energy efficiency first principle?

73 RED, Eco-Design Directive and the EU Emissions Trading System.

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