Climate Protection Act 2021/2022 - What applies to homeowners

The climate protection law of the federal government was a topic of conversation again and again in 2021. This was also due to a judgment by the Federal Constitutional Court (BVG). This classified parts of the law as unconstitutional and made an amendment to the Climate Protection Act necessary. There are also several constitutional complaints against the climate protection laws of some federal states. Others are pending because the relevant federal states have no climate protection laws at all.

But there were also repeated discussions about individual sector targets and measures for their implementation, such as e.g. B. the so-called solar obligation for residential buildings and the EE obligation to use renewable energies in the building sector. So e.g. B. also in Bavaria, where the existing climate protection law is currently being adapted to federal law. But what applies where and for whom? For homeowners, it's a cluttered mess that's hard to overlook.

What is the Climate Protection Act

The Climate Protection Act is intended to ensure compliance with national and European climate targets. In 2019 it was decided by the federal government. In concrete terms, CO2 emissions should be limited to 55 percent of the reference amount from 1990 by 2030 and climate neutrality should be achieved by 2050.

In addition, from 2025, statutory regulations should be used to set emission reduction targets for the period after 2030. However, there were no specific guidelines on how to achieve this. Since some citizens did not consider the Federal Climate Protection Act to be sufficient, they submitted constitutional complaints to the BVG.

New CO2 reduction and sector targets - Climate Protection Act unconstitutional

In April 2021, the Federal Constitutional Court partially upheld the constitutional complaints against the Climate Protection Act. Specifically, the lack of CO2 reduction targets after 2030 was criticized. As a result, in June 2021, the federal government passed the amendment to the Federal Climate Protection Act and with it the 2022 immediate climate protection program. Binding sector targets and CO2 reduction targets after 2030 are now formulated in the Climate Protection Act.

Accordingly, CO2 emissions are to fall by 65 percent by 2030, by 77 percent by 2035 and by 88 percent by 2040. In 2045, climate neutrality should then be achieved - i.e. 5 years earlier than previously planned. In addition, additional funds are available to finance climate policy projects with the 2022 immediate climate protection program. The new climate protection law thus not only meets the requirements of the constitutional court, but also the EU's Green Deal.

Climate protection laws of the federal states

In addition to the climate protection law at federal level, some states have also passed climate protection laws. The climate goals and guidelines for implementation formulated therein are sometimes even more ambitious than in the Federal Climate Protection Act.

Although federal law takes precedence over state law, these still apply, since the design of the measures to implement federal law is left to the states as long as they also implement federal law.

The situation is different wherever there are no climate protection laws or where their requirements fall short of those of the federal government. In such cases, state law must be aligned with federal law within a reasonable period of time. This is currently happening in Bavaria, for example. It just happened in Schleswig-Holstein. Other federal states first have to enact a climate protection law.

Constitutional complaint also against KSG of some countries

As already mentioned, there are numerous federal states that have only issued non-binding climate protection plans or climate protection concepts instead of a climate protection law. These have no legal validity and are to be understood more as (internal) recommendations for action, although they are presented to the public as if they were laws.

In addition, there are also climate protection laws in some countries that fall well short of the federal requirements or leave completely open how the climate goals formulated therein are to be achieved. Constitutional complaints have been filed against some of these countries. In the following table you will find an overview of the defendant federal states (as of November 22, 2021).

Regulations for new builds and refurbishments: is solar compulsory coming?

Builders and homeowners inevitably have to ask themselves which regulations may apply to them. Since the Federal Climate Protection Act does not contain any concrete measures for the implementation of climate targets that are relevant for homeowners and builders, the climate protection laws of the federal states are decisive here.

However, homeowners and builders are rarely directly affected by these climate protection laws. In particular, the frequently discussed solar obligation usually only affects public buildings, such as e.g. B. in Bavaria, North Rhine-Westphalia or Rhineland-Palatinate. And the obligation to cover part of the heat requirement with renewable energies after a heating replacement is not mandatory across the board.

In principle, however, it should be noted that the Building Energy Act (GEG) with its regulations on the mandatory use of renewable energies applies in all federal states. In the following chapters you can read in which federal states climate protection laws or similar laws with relevant regulations for house owners and builders apply.

Climate Protection Act in Baden-Württemberg

In Baden-Württemberg, the existing Climate Protection Act was only revised in October 2021. Climate neutrality should be achieved as early as 2040 - 5 years earlier than specified in the Federal Climate Protection Act. For builders of new buildings, this means that from May 2022 they will have to install a PV system on the roof of their new building.

From January 1st, 2023, homeowners must also have a PV system installed for a "fundamental roof renovation". Alternatively, you can also have a solar thermal system installed. A so-called RE obligation (renewable energies) does not exist in the Climate Protection Act of Baden-Württemberg. However, this is already specified in the EWärmeG when replacing the heating system and accounts for 15 percent of the heat requirement.

Berlin Climate Protection and Energy Transition Act

The Berlin Climate Protection and Energy Transition Act (EWG Bln) does not provide for any specific measures for residential buildings owned by private individuals. However, as early as June 2021, the Berlin Senate passed the so-called "Berlin Solar Law", which stipulates the mandatory installation of a solar system to generate electricity or heat for new buildings and for existing buildings (in the case of major roof renovations). This applies from January 1st, 2023.

Hamburg Climate Protection Act

The Hamburg Climate Protection Act was passed in February 2020 and contains regulations on specific measures in the building sector that also affect homeowners and builders. Since July 1st, 2021, the so-called EE obligation has been in force for homeowners when replacing the heating system. This means that at least 15 percent of the heating requirement of the house, with the new heating system, must be generated with renewable energies.

In addition, from January 1st, 2023, PV will be mandatory for new buildings. From 2025, this will also apply to homeowners if they have their house re-roofed. However, there are exceptions, e.g. B. if there is an unreasonable hardship or if you have already installed a solar thermal system on the roof. You can also circumvent the renewable energy obligation by adding additional insulation (reducing the heat requirement by 15 percent).

Lower Saxony Climate Protection Act

The Lower Saxony Climate Protection Act does not provide for any mandatory measures for private individuals. However, the state building code was changed in November 2021. From 2023, this stipulates that new residential buildings must be structurally designed in such a way that a PV system can be retrofitted at a later date.

Energy Transition and Climate Protection Act Schleswig-Holstein

The Energy Transition and Climate Protection Act Schleswig-Holstein (EWKG) was amended in November 2021. It provides for an EE obligation for buildings that were built before 2009 and in which the heating is renewed. In concrete terms, after the heating replacement, 15 percent of the heating requirement must be covered with renewable energies. The EE obligation applies from July 2022.

The table below provides an overview of laws relevant to homeowners and builders. In addition, these are divided according to federal states as well as new construction and old building renovation including the respective validity date.

So far, no nationwide obligation to retrofit

Currently (November 25th, 2021) there is no nationwide and blanket obligation in Germany to retrofit your heating or to have a PV system installed on the roof. There are only a few relevant regulations for private residential buildings at state level. Mainly new buildings are affected (solar duty), which are already subject to the strict rules of the GEG.

Where existing buildings are affected, retrofitting does not generally have to be done, but only when the heating system is replaced or a comprehensive roof renovation is carried out. There are also numerous exceptions. However, the introduction of a legal regulation by the federal government or individual federal states in the near future cannot be ruled out or is even likely.

In principle, however, such retrofits are recommended, since e.g. B. energy-efficient heating systems amortize within a few years in view of rising fuel prices and CO2 taxes. With PV systems, this can take longer. If you use the PV power but z. B. to operate a heat pump or an electric car, it is much faster. So the investment is worth it.

Image index:Cover image: © Marina Lohrbach / shutterstock.com; What is the Climate Protection Act:© karlherl / pixabay.com CC0; Climate protection laws of the federal states:© justmarius_de / pixabay.com CC0; Regulations for new buildings and renovations:© Diyana Dimitrova / shutterstock.com ; So far, no comprehensive retrofitting obligation: © Costazzurra / shutterstock.com