Climate protection: Radical reform of the heating law legally delicate?

The Federal Association of Heat Pump sees a possible radical reform of the heating law as a legally delicate. It is primarily about the core of the building energy law – namely paragraph 71 with concrete requirements for new heating for more climate protection in the building area. A mere cancellation of paragraph 71 would violate European law and German constitutional law – this is the result of a legal opinion on behalf of the association. A withdrawal would be corrected with a high probability of dishes.

The controversial building energy network (opposite), often referred to as the heating law, came into force in its current form in early 2024. The goal is more climate protection in the building area by gradually replacing oil and gas heating. Functioning heating can continue to be operated. The law stipulates that every newly built heating should be operated with 65 percent renewable energies. However, this only applies to new development areas. Municipal heat planning plays an important role for existing buildings. This should be available in municipalities over 100,000 inhabitants from mid -2026 and for the remaining municipalities from mid -2028.

New government plans to change

The CDU, CSU and SPD coalition agreement say: “We will abolish the heating law.” The new opposite should become more technological, more flexible and easier. The achievable CO2 avoidance should become a central control variable. But what this means in concrete terms is open. From the beginning, the focus of the criticism was on paragraph 71-the core of the “heating law” with the 65 percent specification and with many requirements for new heating, which is perceived by critics as very small-scale.

Miriam Vollmer, partner at the Energy law firm Re | Lawyers said that the legislator had scope for a new regulation. However, there are specific requirements in European law. The so-called EU load division regulations for effective climate protection measures in the building sector. With a view to the heating, the Renewable Energy Directive sets the goal, especially with a view to the heating, that the renewable share of the energy used in buildings must increase.

In addition, she referred to the climate protection judgment of the Federal Constitutional Court from 2021 – this said that drastic steps to reduce harmful greenhouse gas emissions should not be pushed to the long bench at the expense of the young generation. The 65 percent regulation in the building energy network contributes significantly to meet the ambitious requirements of European law, says Vollmer.

Sold more heat pumps

According to the association, the sales of heat pumps have recently continued to pick up speed. This year the association expects a heel of up to 300. 000 heat pumps. The purchase is funded by the state. A sales of 450,000 heat pumps will be possible in the coming year. Then one would be close to the target of 500,000 new heat pumps per year, which industry associations and the then Economics Minister Robert Habeck (Greens) formulated in 2022.