Record €7.3M Energy Fines for Builders: How to Avoid Them

Flemish authorities issued a record €7.3 million in energy performance (EPB) fines in 2025 to builders and renovators who failed to comply with energy declaration requirements, according to data obtained through a parliamentary question by Flemish MP Marianne Verhaert (Anders party). The average fine now stands at nearly €3,000 per case, with some individual penalties exceeding €23,000.

What Is EPB and Why Does It Matter?

EPB — short for “EnergiePrestatie en Binnenklimaat” (Energy Performance and Indoor Climate) — is a Flemish regulatory framework introduced in 2006. It sets minimum requirements for insulation, ventilation, heating and cooling installations, and measures to prevent overheating. As Lotte Ringoot of the Flemish Energy and Climate Agency (VEKA) explained, the rules were established to make buildings more energy-efficient, environmentally friendly, and healthier for occupants.

Anyone building a new home or undertaking a major renovation requiring an environmental permit must appoint a certified EPB reporter, who prepares and submits an EPB declaration to VEKA. The declaration must be filed within 12 months of occupancy or completion of work, and absolutely no later than six years after the environmental permit was granted.

The Scale of the Problem

The record €7.3 million in fines for 2025 represents the highest annual total ever recorded. According to VRT NWS, in the first nine months of 2025 alone, 391 fines were issued and 1,732 warning letters sent, with €1.13 million already collected. The sharp increase is partly attributed to a new digital system that allows for more efficient enforcement.

“In 2025, a record amount of nearly 7.3 million euros in misery fines was issued,” Verhaert said. “Many renovators indicate they were simply unaware of the complex administrative deadlines or thought they were fully in order.”

How Fines Are Calculated

The fine structure is straightforward but punishing. The base penalty is €1,000 plus €1 per cubic meter of new construction volume. If no declaration is filed within 60 days of the initial penalty, an additional €10 per day applies. The average fine now hovers around €3,000 per case, but reader testimonies have reported individual fines exceeding €23,000.

Verhaert criticized the system harshly, stating that “the government is thus dealing financial sledgehammer blows to citizens who often experienced delays through no fault of their own.”

Government Response and Reforms

Acting Energy Minister Hans Bonte (Vooruit), who replaced Melissa Depraetere during her maternity leave, acknowledged the complexity of the system. “Building, renovating, and remodeling is complex and expensive. People must therefore be given sufficient opportunities to comply before a sanction follows,” Bonte said.

The government has already implemented several measures. The official Flemish government website confirms that the submission deadline was extended from five to six years, and the warning period before fines kick in was extended from eight weeks to six months. Bonte also emphasized that VEKA has improved its communication, using clearer language in letters and on its website.

How to Avoid Costly Penalties

VEKA’s Ringoot offers practical advice for builders and renovators. First, know your exact start date: the countdown begins from the date the environmental permit was granted, not when construction actually starts. Second, engage an EPB reporter from the very beginning of your project — it is legally required to file a start declaration before work begins. Third, schedule regular administrative check-ins with your reporter to ensure deadlines are not missed.

Crucially, very few circumstances qualify as force majeure. Divorce, financial difficulties, or contractor delays are not accepted as valid reasons for missing the six-year deadline. Only judicial proceedings or contractor bankruptcy may allow for an extension.

Political Debate and Future Outlook

Opposition MP Verhaert wants the system fundamentally reformed. She proposes linking the EPB declaration requirement to actual completion and occupancy of the building rather than a fixed deadline. “That gives families in financial difficulty the necessary flexibility to complete their project on their own terms,” she argued.

The Vlaams Belang party also raised the issue in January 2025, calling for fines to be waived in cases of force majeure. All fine revenue flows into the Energy Fund (Energiefonds), which finances initiatives to reduce energy consumption in buildings — a fact that critics say creates a perverse incentive for aggressive enforcement.

With the parliamentary question from Verhaert now on the table, the Flemish Parliament is expected to debate further reforms. For now, builders and renovators are advised to treat EPB deadlines as sacrosanct — the financial consequences of missing them have never been higher.

All fine revenue from EPB violations goes to the Energy Fund (Energiefonds), which funds initiatives to reduce energy consumption in buildings across Flanders.