What you should know now about the new building energy law

On November 1, 2020, the new Building Energy Act (GEG) came into force. Its purpose is to combine in one place regulations on limiting the energy requirements of buildings that were previously spread across various laws such as the EnEV and EEWärmeG. By and large, however, the previous regulations on energy conservation continue to apply, so the practical impact is limited. Some details, which are nevertheless interesting for real estate owners, salesmen and brokers, we arranged here for you.

The most important point for owners first: The new building defaults remain untouched by the GEG. The currently mandatory minimum level of the Energy Saving Ordinance (EnEV) is declared the lowest energy building and thus still retains validity.

Oil heating and obsolete boilers

For existing properties, the new law also does not result in any tightening of the energy specifications for renovation measures. The only new aspect is a ban on the operation of certain boilers (Section 72 GEG) and a provision prohibiting the installation of oil-fired heating systems in existing and new buildings from 2026, unless the system is a hybrid system that ensures part of the heat supply via renewable energies. Existing oil and gas heatings may be continued to be operated however still, if they were not installed before 1 January 1991.

The energy document of identification and the information duties with sales or letting

Further readjustments and/or concretizations in the new building energy law concern the information duties for salesmen, landlords and brokers opposite buyers or tenants. Already so far the obligation existed for real estate salesmen to submit prospective buyers at the latest with the inspection a valid energy document of identification. Now, according to § 87 GEG, certain information from the energy certificate must already be included in real estate advertisements, even if these advertisements are prepared by a broker. If this information is omitted, a fine may be imposed. In addition after § 80 exp. 3 GEG now the fundamental obligation for real estate owners exists to procure before the sales or the letting a valid energy document of identification, if still none is present.

obligatory energy consultation for buyers

In addition the law specifies also still another new obligation for buyers of "residential buildings with not more than two dwellings". According to § 80 Abs. 4 buyers must take up before the conclusion of the sales contract a consulting discussion to the topic energy document of identification, which can be offered free of charge by persons, who are entitled to the exhibition of energy documents of identification. In practice, the law does not seem to provide for any sanctions in case of non-compliance with this obligation. Nevertheless, it could be useful for sellers and for real estate agents to point out to prospective buyers the basic obligation to provide advice. In this way, they can also demonstrate their expertise and knowledge of the current legal situation.

You want to know whether an energy optimization of your property before the sale is worthwhile? Contact us! We will be happy to advise you.

Further information:

Bmi.bund

Bafa

Wikipedia

Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific individual case clarified by a lawyer and/or tax advisor.

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