Building Energy Act (GEG)

The Building Energy Act regulates which energy requirements buildings must fulfil. This means that the Energy Saving Act (EnEG), the Energy Saving Ordinance (EnEV) and the Renewable Energies Heat Act (EEWärmeG) have been repealed since 2020. The GEG was revised in 2023. The changes come into force on 01.01.2024.

These are the main provisions of the GEG:

Requirements for new heating systems

In future, only modern heating systems that run on at least 65 per cent renewable energy may be installed in buildings. The aim is to heat the building sector without fossil gas and oil by 2045.

There is no obligation to replace a heating system that has already been installed. The rule only applies if the heating system can no longer be repaired or is more than 30 years old.

The choice of heating system is at the owner's discretion. Possible options include connection to a heating network, a heat pump, direct electricity heating, a solar thermal system, the use of biomass or green or blue hydrogen, heat pump hybrid heating and solar thermal hybrid heating. The Building Energy Act does not prescribe any technology. Energy consultants can help with the choice of technology. You can search for an energy consultant in your area here:

Energy Efficiency Experts (EEE)

Generous transitional periods are provided for if, for example, a gas heating system can also be converted to hydrogen or a connection to a heating network is planned in the future, but this still needs to be expanded. This means there is enough time to find the right heating system.

Heat planning in municipalities

In future, heating plans will be drawn up everywhere in Germany and therefore also in Hesse. This will enable towns and municipalities to plan a secure, affordable and climate-friendly heat supply. This also helps them to decide on a suitable heating system. The heating plans are to be drawn up by mid-2026 in municipalities with more than 100,000 inhabitants and by mid-2028 in all smaller municipalities. Heating systems that are installed by then must gradually do without oil and gas.

Funding programmes support the replacement of heating systems. Both measures to reduce energy requirements and the installation of heating systems that work without oil and gas are subsidised. Information and advice on subsidies from Germany and the state can be obtained from the

LandesEnergieAgentur Hesse GmbH (LEA).

There is also a search engine to help you find suitable funding opportunities:

lea.foerdermittelauskunft.de

Checking the statutory provisions

Anyone who carries out commercial work on or in an existing building must then complete a contractor's declaration. This confirms to the owner that the altered or installed building or system components fulfil the legal requirements. A form is available for the

installation or modification of building components in the area of walls, roofs and ceilings (external building components) and for the

installation or modification of technical building equipment.

The GEG also contains the declaration of fulfilment. When constructing or modifying a building, the client or owner must prove that the requirements of the GEG have been met. The forms for

new buildings and

existing buildings must be used.

The Hessian Ministry of Economics, Energy, Transport, Transport, Transport and Housing carries out spot checks to ensure compliance with the provisions of the GEG.

Exemptions and monument protection

The regional councils (RP Darmstadt, RP Gießen, RP Kassel) are responsible for exemptions. In the event of undue hardship, exemption from the requirements of the GEG can be granted in individual cases. This may be the case if the necessary expenditure cannot be realised within the normal useful life or within a reasonable period of time as a result of the savings made. In other words, if the necessary investments are not in reasonable proportion to the income or value of the building. The expected price developments for energy, including the rising prices for greenhouse gases under the European and national emissions trading schemes, must be taken into account. Undue hardship may also exist if it is unreasonable to expect fulfilment of the requirements of the law due to particular personal circumstances.

In addition, an exemption is also possible if the objectives of the GEG can be achieved to the same extent by alternative measures. The neighbourhood solution is also possible (§ 103 Para. 3 GEG). This means that several owners or the developer can fulfil the statutory requirements not on a building-by-building basis, but by means of an overall assessment of joint buildings.

The requirements of the GEG also apply in principle to listed buildings. In cases where monument protection competes with the GEG, Section 105 GEG gives priority to monument protection law. It is permitted to deviate from the requirements of the GEG if the substance or appearance is impaired or disproportionate effort would be required. This exception applies by law and does not require an exemption by the Government agency.

Energy performance certificates

Energy performance certificates provide information about the energy properties of a building. They can be issued on the basis of energy demand or energy consumption. They can be used to compare buildings and identify sensible modernisation measures.

An energy performance certificate must be issued when a building is constructed and in the case of fundamental modernisation. Anyone who issues an energy performance certificate must have a specific qualification to do so (see § 88 GEG). If a building or flat is sold or rented, an energy performance certificate must be presented to the person buying or renting the building or flat.

Violations of the regulations on energy certificates can lead to fines of up to 10,000 euros.