Ombudsman Velislava Delcheva sent a statement to the acting Minister of Energy Traycho Traykov on the draft for amending and supplementing the regulation for the formula by which the building installation is to be calculated, published for public discussion on March 13, 2026.
In her position, the Ombudsman emphasizes that the fundamental right of heat energy customers is to pay for actually measured and recorded consumption in their properties. According to Art. 63, para. 2, item 2, b. „cc“ of the regulation, the amount of heat energy emitted by the building installation can be actually measured.
In this regard, the Ombudsman supports the repeatedly stated opinion on the discussed topic that if the amount of heat energy emitted by the building inspiration can be actually measured, then it is logical that all other options for its determination should be eliminated.
According to Velislava Delcheva, the proposed amendments in practice reproduce the formula for calculating the heat energy emitted by the building installation, which has already been suspended by the court, with only technical clarifications made in the parameters.
“There is a formal change, without actually overcoming the identified problems“, the opinion states.
Delcheva draws attention to the lack of convincing justification for key elements in the formula, including the equalization of coefficients for different types of internal heating installations, as well as the method of determining the correction values. According to her, this calls into question the accuracy and fairness of the distribution of costs among consumers.
The Ombudsman also emphasizes that the draft does not sufficiently take into account the effect of energy efficiency measures on actual consumption.
“In this form, the proposals do not guarantee transparency and fair reporting of individual consumption“, the position also says.
The envisaged obligation to inform consumers monthly about the parameters used in the calculations is considered a positive step, but according to the Ombudsman, this does not compensate for the main weaknesses of the draft.
The opinion also insists on a change in the provisions that allow - but not oblige - of heat transfer companies to reduce capacity with improved energy efficiency of buildings, and this measure should be introduced as mandatory in the interest of citizens.
In conclusion, Velislava Delcheva emphasizes that the changes, although urgent, are insufficient and do not meet the expectations for real consumer protection, including in view of the case law of the Court of Justice of the European Union.