Summary of the EBA's analysis of European legislation on indoor climate and air quality

This summary is based on ÅBN's comprehensive analysis of European legislation on indoor climate and air quality - specifically EPBD 2024/1275 and Air Quality Directive 2024/2881, Article 28

Technical requirements for data loggers and monitoring (EPBD 2024/1275)

• 70 kW limit: All non-residential buildings with systems (heating, cooling or combined ventilation) with a nominal output of more than 70 kW must have building automation and control systems (BACS) installed by 31 December 2029. Large systems over 290 kW should have had these systems installed by 31 December 2024.

• Sampling interval: Systems must be able to log data at a maximum interval of 15 minutes to ensure precise monitoring of the building's actual performance and indoor climate

• Data storage: A minimum of one year of historical data storage with timestamping is required. This is necessary to document indoor climate quality to authorities or tenants and to identify seasonal efficiency losses.

Compensation and documentation obligation (Air Quality Directive 2024/2881, Article 28)

• Direct right to compensation: Citizens and employees will have an explicit right to seek compensation for health damages if these are caused by authorities' non-compliance with air quality regulations.

• Easing of burden of proof: If a person can present data (e.g., from the building's loggers) that creates a presumption that poor air quality has contributed to their illness, the burden of proof shifts. Authorities must then disprove the connection or document that they have fulfilled all obligations.

• Building owner's role: Although Article 28 primarily targets authorities, the data logger acts as the building owner's "legal shield". Without unbroken time series of indoor climate data, owners will find it difficult to disprove claims of illegal conditions in the workplace.

Important deadlines for implementation

• 31 December 2024: Deadline for BACS in existing non-residential buildings with systems over 290 kW.

• 29 May 2026: Deadline for Member States to incorporate EPBD rules into national law (Transposition). This is also when the requirement for BACS to monitor indoor climate quality comes into force.

• 11 December 2026: Deadline for implementation of the Air Quality Directive, including the right to compensation under Article 28.

• 31 December 2029: Final deadline for installation of data logging and BACS in all non-residential buildings with systems over 70 kW.

What remains unclear?

• National standards: The precise numerical limit values for parameters such as CO2 and particles, against which BACS systems must measure in Denmark, await final clarification in the Building Regulations.

• Case law: It is still unclear to what extent private building owners can be co-sued in compensation cases if they cannot present the mandatory logging data when poor indoor climate is suspected of causing health damage.