§ 9
Obligation to use renewable energies in heating and cooling supply
for heated residential and non-residential buildings in existing buildings; ordinance authorization

(1) If a heating system is replaced or retrofitted after July 1, 2022, the owners of the affected buildings that were constructed before January 1, 2009 are obliged to use at least 15 percent of their annual heating and cooling energy requirements from renewable energies cover up. For those obligated under sentence 1 who have already ordered or commissioned the exchange or subsequent installation of a heating system before July 1, 2022, the obligation under sentence 1 only applies if the exchange or installation is not completed within six months of the enactment of the implementing regulation pursuant to paragraph 10.

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(2) If ownership of the building passes to new owners before the obligation under paragraph 1 has been fulfilled, this also passes to the new owners.

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(3) Those obligated under paragraph 1 must notify the authorized district chimney sweep in good time before the replacement or subsequent installation that these changes are being made to the heating system or that a replacement measure of the type described in paragraphs 5 to 8 is to be carried out. Fulfillment of the obligation to use renewable energies proportionately in accordance with paragraph 1 in conjunction with paragraphs 4 to 8 must be demonstrated to the responsible authorized district chimney sweep within 12 months of the commissioning of the new heating system or after connection to a heating network. They are also responsible for monitoring and checking the usage and verification obligations. They communicate the results to the district administrators and the mayors of the urban districts as district regulatory authorities.

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(4) In particular, solar radiation energy, geothermal energy, environmental heat or solid, liquid and gaseous biomass, which are used for heat utilization without prior conversion into electrical energy, are recognized as renewable energies. The use of renewable energies and alternative measures according to paragraphs 5 to 8 can be combined to fulfill the obligation according to paragraph 1.

 

(5) The obligation under paragraph 1 can be met by using a solar thermal system with an aperture area of 0.05 m² per m² of living space in residential buildings with a maximum of two apartments or with an aperture area of 0.04 m² per m² of living space in residential buildings with more than two apartments are fulfilled. Covering the entire thermal energy requirement with a heat pump in accordance with paragraph 4 also counts as complete fulfillment of the obligation in accordance with paragraph 1.

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(6) The obligation according to paragraph 1 can be fulfilled by connecting to a heating network. In the case of a connection to a heating network, at least 15 percent of the heat used from the respective network must come from renewable energies in order to fulfill the obligation under paragraph 1. A connection to a heating network that does not yet meet the requirements according to sentence 1 is also considered as fulfillment of the obligation according to paragraph 1 if the heat supply company of the heating network has drawn up a decarbonization schedule, which is available at the request of the responsible authorized district chimney sweep must be submitted, or the heating network has a primary energy factor of no more than 0.7.

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(7) The obligation according to paragraph 1 can also be fulfilled proportionately to one third, i.e. with a share of 5 percent, by the obligated parties submitting a building-specific energy renovation roadmap to the responsible authorized district chimney sweep. Based on the current condition of the building, a refurbishment roadmap contains recommendations for measures to be taken on the building, which are based on the long-term goal of a nearly greenhouse gas-neutral building stock by 2045 and can be carried out step by step or in one go. The recommendations for measures take into account the building-specific conditions, in particular the estimated expected costs of the measures and energy cost savings, the public funding options, structural, physical and system aspects as well as building culture and urban planning specifications.

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(8) The obligation according to paragraph 1 can be fulfilled by concluding a purchase contract that includes the use of renewable energies such as biogas, biomethane, green hydrogen or similar. The contract must be submitted by the responsible person to the responsible authorized district chimney sweep.

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(9) The obligation according to paragraph 1 does not apply if its fulfillment and the implementation of alternative measures according to paragraphs 5 to 8

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1. contradicts other public-law obligations,

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2. is technically or structurally impossible in individual cases or

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3. if their fulfillment and the implementation of replacement measures in individual cases would lead to unreasonable hardship due to special circumstances through disproportionate effort or in any other way.

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In the case of monuments, Section 105 of the Building Energy Act applies accordingly.

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(10) The ministry responsible for energy and climate protection is authorized, in agreement with the ministries responsible for construction, for tourism and economy and for culture, to issue an ordinance for the implementation of the regulations in paragraphs 1 to 9.

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(11) The authorized district chimney sweeps carry out the tasks arising from paragraphs 3 and 5 to 8 as authorized persons. The encumbrances are subject to the supervision of the ministry responsible for construction; this can delegate supervision to subordinate authorities.