Where the requirement comes from
The EU Energy Performance of Buildings Directive (EPBD) requires member states to make a building automation and control system (BACS) mandatory in larger non-residential buildings. The Netherlands implemented this in the Besluit bouwwerken leefomgeving (Bbl), the Dutch Building Decree. Dutch regulations and RVO, the Netherlands Enterprise Agency, use the term GACS.
For existing buildings the requirement sits in section 3.7.12 of the Bbl: article 3.145 describes which buildings are in scope, article 3.146 what the system must do. For new buildings RVO points to articles 4.160d and 4.160e. The technical details are in the Omgevingsregeling, articles 5.32c to 5.32e. The recast directive (EU) 2024/1275, article 13, adds the 70 kW step by the end of 2029. This is not legal advice.
Who must comply
RVO addresses owners of non-residential buildings with a heating or air-conditioning installation above 290 kW. Non-residential means any building without a residential function: offices, hospitals, schools, museums, shops, hotels and similar. Industrial buildings can also be in scope when a climate installation heats or cools spaces where people work; RVO explicitly mentions factory halls, workshops and laboratories.
For existing buildings IPLO, the Dutch government's information point for the environment and planning act, lists additional filters: it must be a building, intended to be heated or cooled for people, not a holiday home, and with installations above the threshold. Spaces where people do not work or only occasionally work do not count toward the total. Neither do spaces below 15 °C or spaces only kept frost-free.
290 kW now, 70 kW from 2030: how to count
Since 1 January 2026 the threshold is more than 290 kW nominal output for heating or for air conditioning. From 1 January 2030 it drops to 70 kW. RVO: add up the nominal output of all technical building systems that heat or cool spaces where people stay. The higher total decides. For heat pumps, use the nominal output according to EN 14511.
Do not add heating and cooling into one HVAC total. IPLO gives this example: a 250 kW heating system plus a 250 kW air-conditioning system stays below the threshold in 2026, because each side is below 290 kW. From 2030, at 70 kW, both sides would trigger the requirement.
Cascades do add up. IPLO: parallel heating systems that are controlled in sequence, or linked through their controls, count as one installation. Several owners, each with their own installation, are assessed per installation; their outputs are not added together. One shared boiler without physical separation counts as one system.
| Installation | 2026 (290 kW) | 2030 (70 kW) |
|---|---|---|
| 250 kW heating + 250 kW air conditioning | Not in scope: each side below 290 kW | In scope |
| Three 98 kW boilers in cascade | In scope: 294 kW | In scope |
| 120 kW heating, no cooling | Not in scope | In scope |
Rule of thumb used by Degero's calculator: decisive output = max(sum of heating, sum of cooling). Examples one and two are from IPLO and RVO; the third follows from the same rule.
What the system must be able to do
The functions follow the EPBD and the Bbl. In short, the system must:
- continuously monitor, log and analyse energy use, and allow it to be adjusted;
- benchmark the building's efficiency, detect losses and inform the person responsible for the building;
- communicate with the connected technical building systems, across brands;
- include solar panels, storage or charging points where they are present.
For existing buildings the practical benchmark is class C according to EN ISO 52120-1, with class B for energy management (function 7.4). For new buildings with a permit issued after 29 May 2026 it is class B, with function 7.4 at class A. RVO publishes a checklist of technical requirements based on this standard. RVO stresses that the class score is one method, not the only legal route: an equivalent report by a specialist is also allowed.
Is a BMS automatically enough?
No. Only showing measured values is not enough. RVO writes that a traditional BMS usually gives no insight into efficiency and energy losses and therefore probably does not comply. Many office BMS installations do have time schedules and alarms. What is often missing is stored analysis and follow-up. A comfort complaint shows that a system controls; it is not BACS evidence.
Record evidence per item: rating plate, BMS screen, trend export, alarm follow-up and who acts on it. A ticked list without those traces is not an evidence file. Source: RVO.
Exemptions: residential function, unoccupied spaces, frost protection
Not every building with a boiler is in scope. On residential use the official sources do not align one-to-one. IPLO: buildings that also contain dwellings are exempt, even with a partial residential function at building level; the ministry is looking at a possible change. RVO phrases it differently: no residential or residential-care function for more than 50 percent of the floor area, and with mixed functions you subtract the residential share of the output from the total. The current government text remains decisive. This is not legal advice.
Spaces where people do not work or only occasionally work do not count, nor do spaces below 15 °C or kept frost-free only. A locked server room visited only for maintenance can fall outside the requirement. A shared climate installation is apportioned pro rata; an open hall counts as a whole. More detail (in Dutch): GACS exemptions.
Who is responsible: owner or tenant?
Short answer: RVO places the requirement on the owner of the non-residential building, also when it is leased. Supervision lies with the competent authority: the municipality or the regional environmental service. Lease and maintenance contracts can divide tasks; the authority always addresses the owner first and may look at the lease to see where obligations lie. This is not legal advice. Source: RVO and IPLO.
| Role | What usually sits here |
|---|---|
| Owner | Legal point of contact for the competent authority (RVO). Makes sure a compliant BACS is in place, or has it arranged. |
| Facility or property manager | Organises the inventory, the report and the follow-up on behalf of the owner or user. |
| Building operator | Uses the system daily: follows up on alerts and improvement opportunities the BACS reports. |
| Installer or controls contractor | Supplies, modifies and maintains the installation according to the order and the contract. |
| Tenant | Not the first party addressed (RVO). Lease terms and ownership of the climate installation can play a role. |
The split in the table is a practical one, not a legal allocation. The only fixed point is that the competent authority addresses the owner first (RVO).
What to record in lease and maintenance contracts
- Who owns the climate installation and the BACS. RVO mentions this as potentially important.
- Who commissions the inventory, the report and any improvement plan.
- Who follows up on system alerts, and within what time.
- Who has access to data, software and licences.
- Who is the point of contact during an inspection by the competent authority.
International owners and funds
The requirement follows the building, not the nationality of the owner. Many Dutch offices, logistics buildings and hotels are owned by foreign investors and managed from abroad. In that case, check that the local property manager or installer can actually show the evidence file, and that contracts say who acts on the system's alerts.
Enforcement
RVO does not enforce. The competent authority is usually the municipality, sometimes the province. IPLO describes the supervision: first establishing that a BACS is missing or does not meet the Bbl, then often an order subject to a penalty (last onder dwangsom) with a remedy period. The amount is set by the authority; Degero does not quote a fine amount. Source: RVO and IPLO.
If your building had no BACS on 1 January 2026, it does not comply with the Bbl. Record now what is in place, what is missing and when it will be solved. That is the first thing an inspector asks for.
What a BACS costs
The Bbl and RVO set no fixed amount, no statutory rate and no required brand. The cost depends on what the existing building management system can already do: document it, add specific functions, or, at worst, replace it. An extra screen without follow-up does not meet the requirement. A building scan shows which functions are missing; only then can an honest price be given.
How Degero can help
Degero is an independent consultancy for building controls in the Netherlands, founded in 2008. We do not sell hardware, take no commission and have no installation revenue. For the BACS requirement we offer:
- BACS Readiness Scan on site: two to three working days, including half a day in the building, with a compact report on the BMS, the compliance risk and next steps. Price on request, per building.
- EPBD/GACS support: inventory, improvement plan, guidance of the installer and an evidence file.
- Second opinion on a BMS or controls quote before you sign: scope, I/O list, control strategy, test days, documentation, exclusions and BACS functions.
- GACS Scan app for a self-scan on iPhone or Android (the app is in Dutch).
You can reach us in English: contact details. We promise no exemption and no fine amount.