Apparatus for decoding an encoded audio signal comprising an encoded representation of a first set of first spectral portions and an encoded representation of parametric data indicating information on spectral energies for a second set of second spectral portions, comprising: an audio decoder for decoding the encoded representation of the first set of the first spectral portions to obtain a first set of first spectral portions and for decoding the encoded representation of the parametric data to obtain a decoded parametric data indicating, for each individual reconstruction band, an information on an individual energy for the individual reconstruction band, the individual reconstruction band comprising spectral values of the first set of the first spectral portions and a second spectral portion of the second set of second spectral portions; a frequency regenerator for reconstructing spectral values in a reconstruction band comprising a second spectral portion (922, 923) using a first spectral portion of the first set of the first spectral portions and the information on an individual energy for the reconstruction band, the reconstruction band comprising a first spectral portion of the first set of the first spectral portions and the second spectral portion; characterized in that the frequency regenerator is configured for determining a survive energy information comprising an accumulated energy information of the first spectral portion having frequency values in the reconstruction band, determining a tile energy information of the second spectral portion (922, 923) of the reconstruction band for frequency values different from the first spectral portion having frequencies in the reconstruction band, wherein the second spectral portion (922, 923) is to be generated by frequency regeneration using a first spectral portion different from the first spectral portion (921, 306) in the reconstruction band; determining a missing energy information in the reconstruction band using the individual energy information for the reconstruction band and the survive energy information; and adjusting the second spectral portion (922, 923) in the reconstruction band based on the missing energy information and the tile energy information. an audio decoder for decoding the encoded representation of the first set of the first spectral portions to obtain a first set of first spectral portions and for decoding the encoded representation of the parametric data to obtain a decoded parametric data indicating, for each individual reconstruction band, an information on an individual energy for the individual reconstruction band, the individual reconstruction band comprising spectral values of the first set of the first spectral portions and a second spectral portion of the second set of second spectral portions; a frequency regenerator for reconstructing spectral values in a reconstruction band comprising a second spectral portion (922, 923) using a first spectral portion of the first set of the first spectral portions and the information on an individual energy for the reconstruction band, the reconstruction band comprising a first spectral portion of the first set of the first spectral portions and the second spectral portion;