WRITTEN QUESTION E-1281/03

by María Sornosa Martínez (PSE) to the Commission

(4 April 2003)

Subject: Legislation on the habitability of dwellings in the EU

The acquis communautaire relating to the environment contains a number of legislative texts on the habitability of buildings intended as dwellings. The EU has legislated in areas such as the use of asbestos in the construction of buildings, the measurement and management of ambient noise and the energy efficiency of buildings. However, there is no directive or recommendation which, in the interests of public well-being and safety, regulates other isues affecting the habitability of buildings intended as dwellings, such as minimum size of living area, insulation, conditions of access, surroundings, and so on.

In the case of Spain a major debate is under way concerning the lack of habitability criteria, with particular reference to thermal and acoustic standards. Hence the existence of Community reference legislation on the habitability of dwellings could be useful as a means of harmonising the individual Member States' existing laws and of laying down certain minimum criteria relating to welfare, protection against pollution and the safety of people living in the EU.

Is the Commission planning to put forward any proposal with a view to establishing future legislation on the habitability of buildings intended as dwellings? If so, would the Commission be willing to consider the possibility of including in such a proposal the issue of vendor liability in the event of hidden defects in property which is put up for sale?

Answer given by Mr Byrne on behalf of the Commission

(16 May 2003)

Unlike construction products, which are the subject of a specific Community directive(1), legislation on buildings remains the responsibility of the Member States. As the Treaty does not make provision for Community legislation on the habitability of buildings intended as dwellings (minimum living area, insulation, conditions of access, surroundings etc.), the Commission cannot contemplate putting forward any proposals in this direction. Furthermore, it is not clear whether any such initiative would have an added value.

Community legislation does not cover vendor liability in the event of hidden defects in property that is sold. Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees(2), although it covers hidden defects, does not apply to immovable property. Directive 85/374/EEC concerning liability for defective products(3), which relates to non-contractual liability only, does not cover immovable property, which means that it too is not applicable in the case in point. The Commission does not feel it would be appropriate to table a specific proposal on this subject. However, it intends to propose in the near future a framework directive on unfair commercial practices. Such a directive would certainly help to protect the interests of building purchasers.

(1) Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products OJ L 40, 11.2.1989.

(2) OJ L 171, 7.7.1999.

(3) OJ L 210, 7.8.1985.