Ministerial Decision No: Δ9Β,Δ/Φ166/οικ13068/ΓΔΦΠ2488

Installation permits for the private use of energy heating – cooling systems by exploiting the heat of geological formations and water, surface and underground, which are not characterized by geothermal potential

Article 1 Purpose

This decision determines the terms, conditions, required documents and the procedure for issuing a license in favor of the owner of a property for the same use of energy heating and / or cooling systems in each area of ​​the property through exploitation. of the heat of geological formations and waters, surface and underground, which are not characterized as geothermal potential. The above license is a single license for the execution / installation of a project and the operation of licensed facilities.

Article 2 Definitions

To implement this decision, the definitions have the following meanings:

a) System, is the combination of machinery and / or networks and / or drilling and / or installations, which achieves the heating and cooling of spaces through the exploitation of the heat of geological formations and water, surface and underground, which does not are characterized by current legislation as geothermal potential.

b) A closed-circuit system is one that combines a heat pump with a geo-exchanger. The geo-exchanger is a set of pipes inside the ground or in boreholes after its accessories where liquid circulates in a closed circle, so that there is heat transfer from or to the ground without pumping water.

c) Any system that is not defined as a closed circuit above, is characterized as an open circuit system and may include, among other things, productive drilling and re-drilling drilling.

d) Production of open circuit drilling is the pumping of fluid from the subsoil.

e) Open circuit re-insertion (or re-injection) drilling is the drilling, by which the fluid is led from the surface to the underground recipient from which it was extracted.

Article 3 Issuance services – licensees.

According to Article 1, the license is issued by the Development Directorate of the Prefecture under whose jurisdiction the property belongs, in which the installation of the energy system will take place, in favor of the owner or usufructuary of the property by submitting the supporting documents and if the conditions of the subsequent articles are met.

A standard design of the above permit is given in Annex 3, which is an integral part of this.

Article 4 Restrictive conditions.

1. In case of drilling a borehole or construction of a trench, in the context of the installation of energy heating / cooling systems, they must be located within the boundaries of the property (plot or plot or land) on which the air-conditioned spaces are located. In particular, drilling must be avoided at least:

a) Two (2) meters from the boundaries of the property.

b) Five (5) meters from an existing neighboring building of different ownership.

c) Five (5) meters from the limit of the expropriated railway line zone.

d) Ten (10) meters from a central gas pipeline. A pipeline is characterized as Central which serves the supply / communicate central units of the network and does not relate to the connection of the end user with the network.

e) Five (5) meters from central underground pipelines (water supply, irrigation, sewerage, etc.). Central pipelines are large diameter pipes that serve the supply / communicate mains units of the network and do not relate to the connection of the end user to the network.

f) Ten (10) meters of high voltage power distribution lines, unless there is a building between the line and the drilling.

g) Five (5) meters of medium voltage power distribution lines, unless there is a building between the line and the drilling.

The distances referred to in paragraphs f and g, in the case of overhead lines, shall be measured by the projection of the line on the ground.

The distances described in paragraphs b, e and g may be reduced in the event of the installation of systems within a city plan provided that drilling is within the building line, following the approval of the licensor under Article 3.

2. When drilling wells and mines and when installing space heating / cooling systems, both during the construction and during the operation of the system, all the necessary measures must be taken by the designer and supervisor of the projects in accordance with the rules. science and the arts to avoid accidents and protect locals and the environment.

3. In each drill, cement at least for the 5 upper meters and place in the same length of the perimeter steel pipe.

4. In case where the opening of water wells is prohibited in the area of ​​the property, the installation and operation of a closed-circuit geo-exchanger is allowed.

5. In case of heat exploitation using surface or groundwater, the user is obliged to restore all used water and the same quality to the original recipient. Otherwise, where there is a consumption of a quantity of water or an alteration of its quality, the issuance of the relevant license is also subject to the provisions of law 3199/2003 (Government Gazette 280 A ‘), article 11 in combination with article 16.

6. The pumps and systems used must be certified by a recognized body.

Article 5 Required documents

For the issuance of the permit referred to in Article 1, the following supporting documents must be submitted:

1. Application – Study addressed to the competent department according to Article 3. The application-study is signed by the interested party and by the technical scientists who have according to law the right to sign relevant studies. A model of the application – study is given in Annex 2, which is an integral part of this. The study must include those listed in Annex 1.

2. Certified photocopy of title deed or usufruct on the property or photocopy of the final certificate of registration in the land registry as well as a contractual assignment contract, in case the application is submitted by the contractor or a Financing Contract from Third Party or in case of third-party submission.

3. Certified photocopy of building permit or legalization permit for a common building and its ancillary facilities or installation permit for a detachable or prefabricated house, or agricultural, or industrial or mining-quarry installation or hotel building permit. tourist establishment, as long as a relevant permit is required by the current legislation.

4. Photocopy of the validated topographic permit of the previous paragraph on which the project engineer signs the location of the excavations to be excavated as well as all the underground and surface works that will be constructed in the context of the installation of the heating / cooling system. It also certifies that the restrictive conditions of Article 4 hereof are met and attaches a detailed table listing all the geographical coordinates of the above provisions (referred to in the EGSA ’87 or WGS84 system), as well as the altitudes.

In case of non-existence of a verified and validated topographic plan, a new topographically drawn topographic diagram is submitted, of a scale of 1: 500 or greater, where all the data of paragraph 1 of article 4 must be placed.

5. Fire protection study approved by the locally competent Fire Service, if required by current legislation.

6. Payment provided for the case by the joint decision of the Deputy Ministers of Economy and Finance and Development No. Δ7 / Β / οικ.13803 / ΓΔΦΠ / 4213 / 4.8.2004 (Government Gazette 1228 Β) as it is in force each time.

7. Proof of deposit of Fund rights and engineer fees, in accordance with applicable law.

8. Indication of the certification data of the pumps and systems used in the application – study or submission of photocopies of the certificates.

9. If the property is located on a beach or the networks of the system extend on the beach or the seashore permit or approval required by the provisions of Law 2971/2001 (Government Gazette 2855 A ‘), as applicable.

10. In case of consumption of a quantity of water (ie restoration of all used water to the original recipient) the required by the provisions of article 11 in combination with article 16 of law 3199/2003 (Government Gazette A ‘280), licenses.

11. A signed Responsible statement of Law 1599/1986, which will certify the assignment and undertaking of the construction supervision of the facility, by those who have relevant licenses by law (Graduates or Graduates or Technical Scientists). In particular, for drilling machine operators, the responsible statement of the supervising engineer will confirm that they have attended training programs on drilling techniques, piping, etc. and / or have relevant experience of at least one year in the subject. This accuracy of the submitted data of the application-study will also be confirmed in this.

Article 6 Licensing procedure

  1. The service responsible for Article 3 if, after checking the completeness of the supporting documents of the previous article, finds that the area of ​​the property is within a specified geothermal field with the procedure provided in par. 2 of article 2 of law 3175 / 2003, addresses the Minister of Development or the Secretary General of the Region during the distinctions of article 5 par. 3 and 4 of the above law, in order, after an opinion of the I.G.M.E., to determine the maximum depth up to which it is allowed. the extraction of fluids or, more generally, the exploitation of the heat of geological formations that are not characterized by geothermal potential, as well as other possible restrictions or prohibitive installation conditions for the protection of geothermal potential and the environment.
  2. If it is found that the conditions for the issuance of the requested permit are not met, a reasoned rejection decision shall be issued.
  3. If it is found that the conditions are met, the permit requested in accordance with Article 1 hereof shall be issued.

The decision to grant the permit must include:

a) The details of the owner or usufructuary and the location of the property.

b) The power of the system, the maximum drilling depth and the locations of the boreholes.

c) The time of completion of the installation works of the system.

d) Condition that after the completion of the system a geological section of scale up to 1: 500 or greater will be submitted, of the excavations that were excavated as well as complete data on their characteristics (depths, amount of pumped – re-introduced water / liquid for each drilling, pumping temperature – reintroduction, temperature measurements during mining in indicative mining measures, lengths of filter pipes and blind pipes, etc.). These data can be used to conduct relevant geological studies.

e) Condition that water meters and recording thermometers will be placed in the openings of the boreholes (productive or even re-introduced).

f) A condition that the labor legislation and supervisory staff provided for by the current legislation will be used and all necessary measures will be taken to reduce the nuisance of the locals as well as to protect the health and safety of workers and the environment.

g) Condition that the approved study and the terms of the license and this decision will be applied.

h) A condition that the competent department of the prefecture has the right to inspect the entire installation at regular intervals.

Article 7 Modification of the license

Permission is granted by the competent department in accordance with Article 3 hereof:

  1. In the event that during the installation of the heating / cooling system, insurmountable technical obstacles are found by modifying the application – study and submitting a new one only in terms of the points that the previous one is modified.
  2. In case of change of thermal loads to the subsoil due to change of the air-conditioned spaces or the potential of the equipment, by submitting a new application – study.
  3. In case of change of ownership or usufructuary of the property in which the heating / cooling system is installed with a responsible declaration of the new owner and a photocopy of the title deed or the deed of transfer of the usufruct or the certificate of final registration in the land registry.

Article 8 Revocation of the licence- Penalties

  1. In the event that it is found that the approved study has not been carried out, or that the terms of the permit have been violated or that the modification procedure provided for in Article 7 has not been carried out, the competent authority shall impose a fine equal to three times the amount of the fee. of paragraph 6 of Article 5 hereof and the owner or usufructuary is required to comply with the study or the permit or the process of modification within three months.
  2. In the event that an illegal installation of a space heating / cooling system is found, the competent authority shall impose a fine on the master or usufructuary equal to three times the amount of the fee referred to in paragraph 6 of Article 5 hereof and the owner or usufructuary shall be called upon issue a license within three months.
  3. In the event that there is no compliance with the above-mentioned relevant decisions of the authority or it is found that there is an illegal exploitation of geothermal potential or there is a recurrence, the competent prefect shall impose a fine equal to ten times the amount of Article 5 (6). issued license is revoked and the facility is sealed.

Prior to the imposition of the above administrative penalties, the interested party is invited by the authority to a hearing within five (5) working days from the submission of the relevant invitation.

Article 9

The no. Δ9Β, Δ / Φ166 / οικ18508 / 5552 /207/19.10.2004 (Government Gazette 1595 / Β ‘/ 25.10.2004) the decision ceases to be valid and in its replacement the present is issued.

This decision to be published in the Government Gazette and in force from the day of publication.

Athens, June 11, 2009