The European Commission announced that it has sent letters to all 27 EU member states, opening infringement procedures over the states’ failure to fully transpose new rules aimed at achieving a zero emissions building stock across the EU by 2050 into their national laws.
Adopted by European lawmakers in 2024, the updated Energy Performance of Buildings Directive (EPBD) introduced a series of rules aimed at reducing energy use and emissions from buildings across the EU, including targets for all new buildings to be zero emissions by 2030, and to phase out the use of fossil fuels in building heating systems by 2040.
Key provisions in the updated directive include a requirement for all new residential and non-residential buildings to have zero on-site emissions from fossil fuels by 2030, with publicly-owned buildings required to reach this milestone by 2028. The updated rules also requires member states to set out measures for the phase out of fossil fuels in heating and cooling of buildings, with a view to completely phase-out of boilers powered by fossil fuels by 2040. The directive envisions achieving a zero-emissions EU building stock by 2050.
The legislation also sets goals to phase out or improve the lowest-performing buildings, with requirements for member states to adopt a national trajectory for residential buildings to reduce primary energy use by 16% by 2030 and 20-22% by 2035, with at least 55% of the decrease to be achieved through the renovation of the worst-performing buildings, and for non-residential buildings to meet minimum energy performance standards leading to renovating the 16% worst-performing buildings by 2030 and the 26% worst-performing buildings by 2033.
In addition, the updated EPBD includes measures aimed at supporting a renovation wave for buildings, including a requirement for member states to establish national building renovation plans to decarbonize their building stock and address barriers such as financing, training and attracting more skilled workers, and to set up national building “renovation passport” schemes to guide building owners in their staged renovations towards zero-emission buildings.
The deadline for member states to notify the EU Commission of their transposition of the EPBD directive was May 29, 2026. In its notice, however, the Commission indicates that none of the EU Member States have fully transposed the directive into national law.
Under EU infringement procedures, the Commission may take legal action against EU member states that fail to implement EU laws, starting with a letter of formal notice. Following the letter, the Commission may send a reasoned opinion with a formal request to comply with the law, and then may refer the matter to the Court of Justice and ask the court to impose penalties.
Following the Commission’s action to send the letters, the member states have two months to respond and to complete the transposition, after which the Commission may send a reasoned opinion.
In its statement announcing the opening of infringement procedures, the Commission said:
“Buildings are the single largest energy consumer in Europe. Transposition and implementation of the EPBD is key to boosting the EU’s current very low annual energy renovation rate (1%), reducing bills for citizens and businesses and the EU’s dependence on imported fossil fuels, and achieving a zero-emission and fully decarbonised building stock by 2050.”
