Part 2.2 - Definition of Regulations to Promote Sustainable Buildings
2.2. Definition of Regulations to Promote Sustainable Buildings
The key issues to be defined within the technical working group to ensure the proper development of the regulations are:
Definition of the type of regulations that would need to be developed16.
Chain of procedures linked to the building.
Scope of application of the regulation.
Incentives for sustainable construction.
Verification mechanisms.
Compliance and sustainability measures.
2.2.1. Definition of the type of regulations to be issued to approve incentives
as well as definition of the route for their approval, which in some countries may depend on the type of incentives granted or the status and powers they have. For example, financial incentives usually require approval by the municipal council or town council. The approval of technical incentives can be given through a mayoral decree (Colombia), if in the Plan de Orden (Colombia), the municipal council or cabildo (Colombia) approves the incentives.
2.2.2 Definition of the chain of procedures linked to building
which has two objectives: the first would allow the identification of incentives in the reduction of terms or costs of permits or licenses for those who voluntarily certify their green projects, and the second would allow the identification of which procedures the documents derived from the certifications constitute as requirements if they wish to receive the incentives.
2.2.3. Scope of application of the regulations
i. Scope by defined geographical areas
It must be defined whether sustainable buildings can be presented in the entire municipality or in prioritized areas established by the Municipality, such as urbanizations, quadrants or predetermined streets. While roads with specific zoning can be selected, it is possible to establish incentives with different application areas, such as:
Homogeneous zones or sectors into which the municipality is divided.
Special treatment zones.
Specific sectors with urban renewal plans.
Other zones that may be identified by the Municipality.
It is recommended that the scope of application of the incentives be as broad as possible, being able to grant differentiated incentives in this, and be located in areas of interest for real estate development and thus generate an important impact.
ii. Scope by type of building
Defining the scope of the regulation should be aligned with the urban development objectives indicated by the Municipality. It is recommended that incentives be granted to all new, ongoing and existing projects throughout the municipality, as well as incentives differentiated by zoning, building typology or levels of sustainability achieved.
The municipality may specify one or several building typologies as beneficiaries of the incentives. This decision depends on factors such as the zoning of the municipality (commercial/ residential/industrial), or the gradualness with which a sustainable building program is to be implemented.
iii. Incentives
As mentioned above, incentives are internationally proven successful mechanisms to encourage the design and construction of efficient buildings. Taking into account international cases previously mentioned, the most frequently applied incentives are: Height bonus or buildability benefits, flexibility of parameters to build, celerity in building permits and tax benefits.
In order to ensure greater acceptance by the beneficiaries, it is advisable to offer a series of incentives aimed at both the builders/developers and the owners/users of the buildings. These may be of a technical and/or financial nature and, if possible, linked to the levels of efficiency reached by the project and the maintenance of sustainability measures, they may also be aimed at promoting sustainability in both new and existing buildings, the most important thing being that they fulfill their role of promoting sustainable buildings.
2.2.4. Verification mechanisms
The municipal government should ensure that both projects in the design stage and buildings already constructed meet the minimum standards required to be recognized as sustainable and, based on this, be eligible for the incentives offered by the regulations.
The use of green building certifications that comply with international standards is an efficient verification mechanism. These certifications provide a voluntary, independent third-party validation of the efficiency standards that must be met in the design and construction of the building.
The benefit of the use of certifications for the municipality are validation and audit by an independent third party, facilitating the verification of the latest version of sustainability standards without generating additional verification cost for the municipality.
a. Types of certifications
Globally there are many environmental certifications for buildings; however, the ones that have the greatest presence in the Latin American region are:
i. EDGE Certification
(Excellence in Design for Greater Efficiencies)
For more information visit:
https://edgebuildings.com/
ii. LEED Certification
(Leadership in Energy & Environmental Design)
For more information visit:
https://www.usgbc.org/leed
iii. BREEAM Certification
(Building Research Establishment
Environmental Assessment Methodology)
For more information visit:
https://www.breeam.com/
It is recommended that the certifications that have a presence in the country be described in an annex to the municipal regulations to be approved.
b. Processes linked to certifications for verification purposes and the granting of incentives.
Although each green building certification has its particularities, the aforementioned certifications have a similar process to achieve the final certificate, which can be summarized as follows:
Registration of the project to be certified:
Registration of the project with the corresponding certifying entity in order to start the certification process.
Audit in the design phase:
In this phase it is verified that the project design meets the efficiency standards established according to the certification requirements.
Issuance of the certificate in design or preliminary:
It is issued the conformity that the project design complies with the certification standards.
Audit of the constructed project:
The compliance of the finished work with the certification requirements is verified.
Issuance of the final or definitive certificate:
The final conformity that the constructed project complied with the certification standards is issued.
When including additional mandatory measures, it is recommended to take into account:
The environmental benefit.
The capacity of the Municipality to verify it.
Economic feasibility to implement them.
Additional measures should not be stipulated in relation to the efficiency standards already reported by the certifications.
c. Additional mandatory measures
These are sustainability measures that are included as an additional requirement or in parallel to the certification.
In the case of Peru, some municipalities chose to include certain additional mandatory measures to the certifications such as, for example, the inclusion of green roofs; the use of translucent walls; the implementation of containers for waste classification; bicycle parking, among others. These measures should be verified directly by the municipality; however, the cost of implementing them should be taken into account because they may be counterproductive and reduce the results expected from the incentives.
Compliance measures are those that accredit and verify that the buildings effectively comply with the conditions to be recognized as sustainable.
2.2.5. Compliance measures
Compliance measures are those that accredit and verify that the buildings effectively comply with the conditions to be recognized as sustainable, and thus can benefit from the incentives included in the regulations. These measures are also applied to guarantee the start and completion of the certification to receive the incentives and to corroborate the maintenance of such conditions over time.
Measures linked to the granting of construction permits:
a. For Preliminary Project Approval.17
Bearing in mind that when a preliminary project is submitted, there is not yet a design or preliminary certificate that accredits the sustainability measures, it is recommended to request affidavits18, which must be signed by the owner of the future building, as well as by the person responsible for the design of the work, in which they commit to comply with the commitments generated and requested in the municipal regulations.
b. Building or Construction License Application
It is recommended to request as part of the file of the license or building permit, the preliminary certification of the project or the preliminary document granted in the design stage -according to each certification- mentioned in the municipal regulations.
Once it is accredited that the project design complies with the sustainability measures, by means of the certificate or preliminary document, incentives may be granted, particularly those directed to developers or builders.
c. Measures linked to the granting of the work conformity or work completion certificate
Measures linked to the granting of the work conformity or work completion certificate: The regulations should stipulate that the holder of the building license is obliged to obtain the final sustainable building certification as a prerequisite for obtaining the work conformity or the document ratifying the completion of the work19.
This obligation would guarantee that the building was constructed in accordance with the sustainability parameters that merited the granting of the incentives. In particular, the incentives addressed to the owners or users of this type of buildings may be granted once the building has the final certification.
d. Measures linked to the permanence of sustainability
Some provisions that contribute to maintaining sustainability conditions can be incorporated in the regulations, including:
Public listing of sustainable buildings.
It is a good practice to mention the companies that build sustainable buildings, as well as those that do not comply with the commitments acquired in the regulations. In this sense, it is recommended that the Municipality implement a registry of the projects that have taken advantage of the incentives and have achieved certification, which could be published on the institutional web page for its dissemination.
Internal regulations of the property
Information and care for sustainability conditions can be required in the internal regulations of the vertical property so that buyers or users of the buildings are aware of and committed to the maintenance of sustainability measures.
Supervision or oversight
This may include the obligation to allow control visits to the interior of the buildings and real estate units to verify that sustainability conditions are maintained in the green building or the obligation to report their water and energy consumption.
Penalty for modification of certified buildings
Certified buildings should be prevented from losing these characteristics, or those who acquire a certified property should be prevented from making modifications that undermine the sustainable condition of the building. In this sense, some fines or sanctions can be approved when it is found that these modifications have taken place, which can be included in this normative proposal, or norm, according to the legal system of each country.
16 In the case of Peru, the applicable regulation to offer construction incentives at the municipal level is an ordinance, which is proposed by the mayor and approved by the Municipal Council.
17 Not all municipalities and countries mandate pre-project approval;
18 An affidavit consists of verbal or written statements made by a person (“the affiant”) about his or her personal details, the veracity of which can be assured before a judicial or administrative authority. In Colombia, the affidavit is signed before a notary and may accompany the building permit application.
19 This is the authorization that determines the occupancy of the building, as well as its administrative registration with the public entity in charge of public registries or the transfer to its purchasers.