Green houses, the squeeze can wait. Stop local authorities' leaks

Yet another stumble in the implementation phase of the Green Homes directive. And this time it does not concern the executive, which has yet to move for the full transposition of theEpbd (Energy performance of buildings directive), but comes from a ruling. TheTar Bolzano (26/2026) has just ruled against the premature local application of EU principles. The key element of the European norm is, in fact, the gradualness in achieving the decarbonisation targets.

The issue stems from an appeal against a regulation of the Province of Bolzano that, in fact, anticipated the directive at a local level, imposing, in essence, in the event of replacement of the boiler the switch to the district heating network or to an electric system, and the disconnection from the gas network. The local gas distribution company, as well as Assotermica (the association of manufacturers of appliances and components for thermal plants federated to Anima Confindustria) and Proxigas (the reference association of the gas sector, belonging to Confindustria), moved against that measure. The regulation with the ruling was annulled.

The Epbd, in fact, argues the decision, establishes a pathway that should lead to the decarbonisation of the building stock by 2050. The modalities with which this path will be accomplished are entrusted to various acts, among which a national plan stands out, which the member states should, to tell the truth, all have already presented in draft by the end of 2025 (Italy is currently still in default).

While waiting for its arrival, it is certainly possible to implement the directive at a local level, but - says the Tar - respecting "the constraints of gradualness, proportionality and reasonableness immanent in the very structure of the directive". With its regulation, on the other hand, the Province 'has imposed on citizens onerous measures with immediate effects and with costs entirely borne by them, without waiting for the national plan for the renovation of buildings'.

It is precisely the national plan, in fact, that 'embodies the principle of gradualness underlying the directive, implementing the European decarbonisation objectives, with the provision also of public funding or in any case support measures'. By speeding up the regulation the Province has not respected the directive's framework.