What you need to know now about the new Building Energy Act
The most important point for builders first: The new building requirements remain unaffected by the GEG. The currently mandatory minimum level of the Energy Saving Ordinance (EnEV) is declared the lowest energy building and thus remains valid.
oil heating systems and outdated boilers
The new law does not impose any stricter energy requirements for renovation measures in existing buildings. The only new features are a ban on the operation of certain boilers (Section 72 GEG) and a provision prohibiting the installation of oil heating systems in existing and new buildings from 2026, unless they are hybrid systems that provide part of the heat supply from renewable energies. However, existing oil and gas heating systems may continue to be operated provided they were not installed before January 1, 1991.
The energy performance certificate and information requirements when selling or renting
Further adjustments and clarifications in the new Building Energy Act concern the information requirements for sellers, landlords, and real estate agents vis-à-vis buyers or tenants. Real estate sellers were already required to present a valid energy performance certificate to prospective buyers at the latest during the viewing. Now, according to Section 87 GEG, certain information from the energy performance certificate must be included in real estate advertisements, even if these advertisements are created by a real estate agent. Failure to provide this information may result in a fine. In addition, Section 80 (3) GEG now imposes a general obligation on property owners to obtain a valid energy performance certificate before selling or renting out a property if one does not already exist.
Mandatory energy consultation for buyers
In addition, the law also imposes a new obligation on buyers of "residential buildings with no more than two apartments." According to Section 80 (4), buyers must attend a consultation on the subject of energy performance certificates before concluding the purchase contract, which can be offered free of charge by persons authorized to issue energy performance certificates. In practice, the law does not appear to provide for any penalties for non-compliance with this obligation. Nevertheless, it could be advisable for sellers and real estate agents to inform prospective buyers of the basic obligation to seek advice. In this way, they can also demonstrate their expertise and knowledge of the current legal situation.
Would you like to know whether it is worthwhile to optimize the energy efficiency of your property before selling it? Contact us! We will be happy to advise you.
Not found:
- bmi.bund.de: Energy-efficient construction
- bafa.de: Heating with renewable energies: Subsidy law
- Wikipedia: Building Energy Act
Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific case.
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