
UPDATE
The Building Energy Act (GEG) is to be replaced by the planned Building Modernization Act (GModG). However, an important deadline is approaching under the current GEG: from June 30, 2026, the obligation to cover at least 65% of the heat supply from renewable energies will apply when replacing heating systems in existing buildings. This is because heating plans must be in place by this date for municipal areas with more than 100,000 inhabitants. According to the GEG, municipal heating planning should serve as an important basis for investment and supply decisions.
However, the Building Modernization Act will largely remove this link. The mandatory proportion of renewable energies when replacing heating systems is to be dropped under the new law. Instead, the GModG pursues a technology-open approach. New gas heating systems are to remain possible; in the long term, however, the requirements for the use of climate-friendly fuels are to increase.
Municipal heat planning remains in place, but loses its previous function as a trigger for certain GEG obligations. The deadline of June 30, 2026 would therefore lose much of its practical significance.
For this reason, the German government is discussing a transitional arrangement: in order to avoid legal uncertainty during the ongoing legislative process, the 65% obligation is to be temporarily suspended. This is intended to prevent owners and local authorities from having to implement regulations now that may be repealed shortly afterwards.
For owners and local authorities, however, the following still applies: until new legislation comes into force, the existing GEG remains the law. They should therefore continue to make investment and modernization decisions on the basis of the current legal situation, but at the same time keep an eye on the upcoming changes.
On July 21, 2023, the Federal Ministry of Housing, Urban Development and Building (BMWSB) submitted a revised draft of the Heat Planning Act. The Heat Planning Act is expected to be approved by the federal cabinet in the coming weeks.
The background: The planned Building Energy Act (GEG) amends the legal framework on the installation of new gas and oil heating systems. From 2024 onwards, the installation of new gas heating systems is to be legally permissible only in certain circumstances, according to the values of the current draft status of the GEG. But before homeowners invest in a heat pump or other heating system that is still permitted, they understandably want to know whether their area will be connected to a municipal heating network in the near future. For this reason, local authorities are now to be required by law to identify potential for district heating supply and to draw up heating plans. This is intended to provide building owners with investment security and a reliable framework on which to base a decision about a new heating system to be installed.
Like the GEG, the Heat Planning Act is to come into force on 01.01.2024. After the intense debate about the requirements of the Building Energy Act, the traffic light coalition had agreed to link the GEG with municipal heating planning.
The Heat Planning Act would first require states to ensure that heat plans are developed. The states are to be able to transfer this obligation to bodies responsible for planning – usually the municipalities.
Under the current bill, the following would apply to them:
Municipalities should receive financial assistance for heat planning from the federal Climate Transformation Fund. If municipalities have already drawn up heat plans, these plans are grandfathered. In these municipalities, the provisions of the GEG do not apply until the municipalities are required by federal law to submit their heat plans, which is by June 30, 2026, and June 30, 2028, respectively. However, a municipality can implement planning earlier on its own, unhindered by these specifications. In addition, municipalities can designate areas for the new construction or expansion of heating networks or hydrogen network areas on a binding basis. A prerequisite is that planners show that the low cost per kilowatt-hour has low implementation risk, a high level of security of supply, and low cumulative greenhouse gas emissions. This will provide the basis for the use of hydrogen-based heating systems.
Another requirement of the heat planning law is that at least 50 percent of the heat provided must be green heat, i.e. renewable energy.
Another component of the law: data collection for heat planning is to be fundamentally simplified. Instead of collecting data from each individual house in detail – as envisaged in the original draft bill – only data that is already known is to be summarized. The planning approach is based on an estimate of needs and not a detailed survey. After completion, the municipality’s heat planning must be published free of charge on its website so that citizens can view the results.
The Traffic Light Heat Planning Act forms a key component of the local heat transition. The law pushes municipal heat planning by the states. For owners:inside of existing buildings, the heat planning law as a co-player of the GEG previously meant that they could take the heat plan for the building into account when deciding on the installed heating technology for the required heating replacement.
At the same time, however, the law also poses a variety of challenges for the public sector, as data collection, evaluation, and strategic implementation into a heat plan are quite demanding in the timeframe envisioned by the WPG. The final heat plans, through the intended dovetailing with the GEG, now provide a reliable basis for the required investments of building owners.
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