Order MDLPA 16/2023: what it approves, when it applies and what it repealed

When you cite "Order 16/2023" in an energy performance certificate (CPE) or in a contract, you are referring to the act that gave legal force to the Mc 001-2022 methodology. This guide follows the text of the order article by article, as published on the Legislative Portal, without additions from other sources: where a piece of information comes from elsewhere, this is stated.

What it is and where it was published

Order no. 16 of 5 January 2023 of the Minister of Development, Public Works and Administration bears the title "pentru aprobarea reglementării tehnice Metodologie de calcul al performanței energetice a clădirilor, indicativ Mc 001-2022" (for the approval of the technical regulation Methodology for calculating the energy performance of buildings, designation as stated). It was published in the Official Gazette of Romania, Part I, no. 46 of 17 January 2023. The annex, that is the methodology itself, appeared in the Official Gazette, Part I, no. 46 bis (art. 1).

In its preamble, the order relies on art. 10 of Law no. 10/1995 on quality in construction, on the Regulation on regulatory activity in construction approved by Government Decision no. 203/2003 and on Government Decision no. 477/2020 on the organisation and functioning of the ministry. It mentions the opinion of the specialised technical committee (minutes no. 11 of 13.09.2021), the opinion of the general coordination technical committee (minutes no. 17 of 27.09.2022) and compliance with the notification procedure laid down by Directive (EU) 2015/1535.

What it approves (art. 1)

Article 1 approves the technical regulation "Metodologie de calcul al performanței energetice a clădirilor, indicativ Mc 001-2022" (Methodology for calculating the energy performance of buildings, designation as stated), set out in the annex which forms an integral part of the order. The order itself has nine articles; the figures, formulas and certificate models are in the annex. A presentation of the content of the annex is in the guide Mc 001-2022: what the methodology contains.

When it applies (art. 2)

• General rule (para. 1): the order enters into force 30 days after the date of publication. The Legislative Portal gives the date of 16 February 2023.
• Exception (para. 2): the provisions of chapter 2 "Anvelopa termică a clădirii" (The thermal envelope of the building), subchapters 2.6-2.12, and those of chapter 3 "Evaluarea consumurilor de energie pentru sisteme de instalații fără surse regenerabile" (Assessment of energy consumption for installation systems without renewable sources) enter into force 180 days after the date of publication. The Ministry's page on the technical regulations on the energy performance of buildings gives the date of 16 July 2023 for this stage.

At the date this guide was verified, both deadlines have passed: the whole methodology applies.

What it repealed (art. 3)

• On entry into force of the general rule (para. 1): annexes no. 1, 3 and 5 to the Order of the Minister of Transport, Construction and Tourism no. 157/2007 (the previous methodology for calculating the energy performance of buildings), as well as annexes D and L to Order no. 2.055/2005 (the technical regulation C 107-2005).
• On entry into force of the exception (para. 2): annexes no. 2 and 4 to Order no. 157/2007.

The Ministry's page records the same two moments for the parts of the previous methodology: 16 February 2023 for Mc 001/1-2006, Mc 001/3-2006 and Mc 001/5-2009, and 16 July 2023 for Mc 001/2-2006 and Mc 001/4-2009 respectively.

Which projects are not covered by the new rules (art. 4)

The order does not apply to investment objectives or projects for which energy renovation measures are carried out and:

• whose works were under way on the date of entry into force (lit. a);
• for which the public procurement procedures for technical designs, feasibility studies or approval documentation had been initiated, or the documentation had been received or submitted for approval (lit. b), as well as the technical designs prepared on that basis (lit. c);
• whose documentation needs updating under the conditions of lit. d);
• for which financing had been approved (lit. e).

For the exact wording of each situation, the text of letters a)-e) of art. 4 is what counts.

Transitional rules (art. 5-9)

• Services in progress (art. 5): services for preparing energy performance certificates and energy audits, contracted before the entry into force, are completed in compliance with the technical regulations in force on the date the contracts were signed.
• New buildings authorised earlier (art. 6): when designing the execution works, the values in annex L "Nivelul necesarului de energie pentru clădirile al căror consum de energie este aproape egal cu zero" (The level of energy demand for buildings whose energy consumption is nearly zero) to Order no. 2.055/2005 are complied with.
• Renovations authorised earlier (art. 7 and 8): the design of intervention works for which the building permit was issued before the entry into force is completed with the regulations applicable at the time of authorisation; the certificate drawn up when the works are completed may also be prepared according to the model in the annex to the order, with the conversion factors from subchapter 5.4.2 "Evaluarea globală a performanței energetice a clădirilor" (Overall assessment of the energy performance of buildings).
• Monitoring of indicators (art. 9): for the same buildings, the indicators assumed in projects financed from structural funds, European funds, the state budget or other legal funds are monitored as follows: reduction of annual specific consumption for heating, by comparing the certificates drawn up when the project was prepared and when the works were completed; reduction of total primary energy consumption, starting from final energy and the conversion factors in the annex; primary energy consumption from renewable sources at the end of the project; estimated annual reduction of greenhouse gases.

What the order does not say

• It does not itself set how long a certificate is valid. The 10-year validity and the other issuing rules are in Law no. 372/2005, art. 21; see the guide The energy performance certificate: obligation, validity, issuing.
• It does not contain the calculation figures. These are in the annex published in Official Gazette no. 46 bis, also available on the Ministry's page (a PDF of about 5,7 MB).
• The form in force is checked on the Portal. The text above is the one read on the Legislative Portal on 6 October 2026; the "Acțiuni suferite" (Actions undergone) section of the act shows any later amendment.

For an energy audit that goes coherently through all the steps, from the building data to the certificate, Annex 1, Annex 2 and the calculation breviary according to Mc 001-2022, you can see the full workflow in the Zephren calculation program.