Many legal obligations are only talked about more when the deadline for their fulfillment is getting closer. This situation also applies to the mandatory replacement of measuring devices in blocks with models with remote reading. Experts from the RynekPierwotny.pl portal described this obligation over four years ago (still at the stage of government plans). Years have passed, and the deadline for replacing measuring devices is approaching, so it is worth recalling the legal basis for this obligation.
Another interesting issue is the answer to the question of who (at least formally) should cover the costs of the exchange. This is a supplement to the topic that was analyzed on the Bankier.pl portal in 2019.
What exactly do the regulations say about the exchange?
The issue of financing the replacement of measuring devices, however, seems less important than the legal basis of such an obligation. It is worth recalling these basics – especially since the media sometimes present great simplifications. The Act of 20 April 2021 amending the Energy Efficiency Act and certain other acts (Journal of Laws 2021, item 868) is of key importance in the context of the obligation to replace measuring devices.
This amendment introduced provisions to the Energy Law Act (Article 45a, paragraph 7a) that require buildings with a water heating system supplied from a heating network and buildings with more than one apartment or commercial premises (heated from a boiler room) to be equipped with the following devices for settling the heat consumption:
- Heat meter with remote reading function for measuring the amount of heat supplied to the building's heating system;
- Heat meters or heating cost allocators with a remote reading function and enabling individual settlement of heating costs for individual apartments or commercial premises in a building (if technically feasible and profitable);
- Water meters with a remote reading function for measuring domestic hot water for individual apartments or commercial premises in the building (if technically feasible and cost-effective);
- A device for measuring the amount of fuel consumed in the boiler room.
Article 16 of the Act of 20 April 2021 indicates that the owner or manager of an existing multi-family building should replace older heat meters, heating cost allocators and water meters for measuring domestic hot water (installed before 22 May 2021) with devices with a remote reading function by 1 January 2027.
In accordance with Directive (EU) 2018/2002 of the European Parliament and of the Council, as of 25 October 2020, newly installed heating, cooling and domestic hot water meters and cost allocators should enable remote reading. It does not seem justified for the described replacement obligation (by 1 January 2027) to cover efficient devices installed before 22 May 2021 and with a remote reading function. The requirements for periodic legalisation are a separate issue.
There is, however, a certain loophole in the regulations.
It is worth noting that Article 45a, paragraph 7a of the Energy Law, added on 22 May 2021, also obliges owners of single-family houses heated by district heating to install heat meters with a remote reading function at the delivery point. However, the obligation to replace measuring devices with models with a remote reading function by 1 January 2027 includes
only owners and managers of multi-unit buildings.
This is not the only loophole in the regulations. Namely, the described obligation to replace heat meters, cost allocators and water meters from individual premises (see points 2 and 3 above) does not apply to situations in which such an operation is not technically feasible or profitable. The Regulation of the Minister of Climate and Environment of December 7, 2021 (Journal of Laws 2021 item 2273) indicates when it can be said that replacing measuring devices is not technically feasible or profitable. One of the reasons for not replacing heat meters with devices with remote reading is the failure to equip apartment radiators with thermostatic heads.
The cost of replacement, a rather sensitive topic
In 2021, the costs of replacing measuring devices with remote reading models were estimated at around PLN 320 million by 2027. Of course, older measuring devices (without remote reading) would sooner or later require replacement. However, it can be assumed that the authorities of some housing communities and cooperatives will try to finance the replacement of measuring devices from the renovation fund (thus avoiding additional fees from residents of apartment blocks). However, in the case of private premises, this is a variant that may be questioned by the court – especially if some apartments have their own heating installation (see: Judgment of the Court of Appeal in Katowice of 28 August 2014 – I ACa 379/14).
The replacement of measuring devices located behind the shut-off valve (on the apartment side), financed from the renovation fund, also raises doubts. However, much depends, for example, on whether the community has adopted a resolution to recognize the measuring devices as part of the common property. It is also possible to adopt a resolution dividing the costs of replacing measuring devices (borne by the owners of the premises) into smaller monthly payments.
