Government Adopts Amendment of Energy Savings Ordinance Accepting Federal Council Conditions

The incumbent government accepted the changes to the bill amending the Energy Savings Ordinance (EnEV), the Bundesrat (Federal Council) demanded last Friday and adopted the bill in the amended form. It includes stricter requirements for the exchange of heating boilers.

Below please find the key elements of the modified amendment:

  • A one-time obligation to reduce the annual primary energy consumption of new buildings as of 1 January 2016 by 25%. The maximum heat loss of the building’s envelope has to be reduced by on average 20%;
  • Existing buildings are not subject to the new requirements;
  • The energy-related data of buildings have to be disclosed upon the sale and the rental including in real estate advertisements, providing data relating to the living and not the floor space.
  • Sellers and landlords are required to provide buyers or tenants with an energy performance certificate. It has to be presented when prospective buyers or tenants come to view the property.
  • The most far-reaching amendment seems to be a ban on heating boilers older than 1985 as of 2015 respectively after a period of 30 years of operation (also starting in 2015). So far only a ban on heating boilers older than 1 October 1978 exists (cf. Section 10 para. 1 EnEV). Exceptions apply to buildings with no more than two flats, one of which is inhabited by the owner of the building. Regarding the Federal Council document requesting the changes, especially with regard to Section 10 EnEV, please see here.
  • An inspection and control system for energy performance certificates is introduced, which does not comprise the right of entrance to the property.

The amendment was necessary to comply with the recast Directive 2010/31/EU on the energy performance of buildings and the government’s Energy Concept of 2010 and the energy policy of 2011 towards a renewable energy supply, the government said, pointing out that EnEV is based on the Energy Savings Act (EnEG), which has also been amended.

The government expects the EnEV amendment to enter into force in early summer 2014, since it did not only have to pass German legislative hurdles, but also requires notification in Bruxelles.

Source: Bundesregierung (Federal Government)

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