What type of legislation exists dealing with environmental issues affecting building works and with promoting sustainable developments?
In particular, the following legal frameworks deal with environmental assessment and sustainability with regard to various aspects of construction projects, mainly as a consequence of stipulations made by the European Community:
In compliance with the EU Construction Products Directive aimed at encouraging the sustainable use of natural resources, the Construction Product Law (Bauproduktengesetz 2015) regulates the use of construction products and the application of the CE conformity mark in relation to the free movement of construction products within the European Community. In addition, other legal frameworks setting out requirements for the actual use of construction products, such as the building codes of the Federal States (Bauordnung), remain applicable.
The Energy Saving Ordinance (Energieeinsparungsverordnung – ENEV), which is based on the Energy Saving Law (Energieeinsparungsgesetz) sets out a framework to calculate the energy performance of buildings and the setting of minimum energy performance requirements. Separate requirements are set for new and existing buildings. In addition a new scheme of energy certificates has been introduced.
In May 2010, the European Parliament passed a Directive concerning the improvement of the energy efficiency of all buildings from 2021. Thereafter, the European Member States must introduce legislation securing the high standard for all buildings from 2021. Under others new buildings must be supplied with a higher share of renewable energy. This applies for public buildings already from 2018.
The German government worked on a new energy concept with a 10-point immediate action programme (28 September 2010). However, energy saving in buildings is a longer-term project and is therefore not covered in the immediate action programme. It is anticipated to reduce the demand for energy for building by 20% until 2020 and by 80% until 2050. New buildings must comply with the new high standards. Existing buildings have a grace period. The state will introduce incentives, but there will be no penalties. In case the redevelopment of a building to the high standards is uneconomic it is discussed to provide incentives for replacement building.
Both the Energy Saving Law and the Energy Saving Ordinance have been amended in order to achieve higher standards in the energy performance of buildings (the most recent version in force being dated 28 October 2015). The provisions of the Energy Saving Law,the Energy Saving Ordinance and the Renewable Energy Heating Law (Erneuerbare-Energien-Wärmegesetz) have been merged in the Building Energy Act (Gebäude Energie Gesetz), which came into effect on 1 November 2020. The Building Energy Act creates a uniform, coordinated set of rules for the energy requirements for new buildings, for existing buildings and for the use of renewable energies to supply heating and cooling to buildings. It fully implements the European requirements for the energy performance of buildings and defines the requirements for a low energy building. The Building Energy Act applies to construction projects for which a building application has been submitted with effect as of 1 November 2020. For all construction projects for which a building application has been submitted by 31 October 2020, the provisions from the Energy Saving Ordinance, the Energy Saving Law and the Renewable Energy Heating Law still apply.
In addition, the Renewable Energy Heating Law (Erneuerbare-Energien-Wärmegesetz), which applies to buildings erected after 1 January 2009 as well as to buildings held by public authorities and fundamentally refurbished after 1 May 2011, ensures that by 2020 at the latest 14% of the heating and hot water energy in Germany will be provided by renewable energy sources. In order to achieve this, the law contains obligations to use renewable energy sources and provisions relating to financial promotion and the expansion of heat networks by local authorities. It entitles the Federal States to implement laws which provide also that existing buildings must use renewable energy sources. From 1 November 2020 this law was replaced by the Building Energy Act as well.
Since the beginning of 2022, solar energy for buildings has been mandatory in some federal states. In Baden-Württemberg, for example, since 1 January 2022 there has been an obligation to install photovoltaic systems on all newly built non-residential buildings. From 1 May 2022, this regulation also applies to residential buildings that are newly built. Other federal states, including Berlin and Hamburg, have already passed corresponding laws. However, they will not apply until 2023.
The Energy Heating Law in its most current version from 2023 provides for an even more consistent switch to renewable energies and including an increase in the share of electricity from renewable energies to 80%, by 2030. Also, there are further regulations regarding the reduction of the permissible annual primary energy requirement for new buildings, adjustment of the simplified verification procedure for residential buildings, introduction of a primary energy factor for electricity for the operation of large heat pumps connected to the heating grid etc.
The German Institute for Standardisation (Deutsches Institut für Normierung e.V.) as a member of the ISO releases standards which become binding administrative regulations for construction works and products by virtue of references in legal frameworks.
The German Society for Sustainable Construction (Deutsche Gesellschaft für nachhaltiges Bauen e.V.) has, together with the Federal Ministry of Transport, Building and Urban Affairs, developed a certification system for buildings with regard to energy efficiency, hazardous substances and environmental requirements etc (Deutsches Gütesiegel Nachhaltiges Bauen). This certification system is not (as) yet binding, but may, however, give a competitive advantage. Besides the DGNB certificate, other certificate can be found on the German market such as BREEAM or LEED.
There are several more statutory regulations dealing with dangerous substances and chemicals (ie contaminated sites and ground water) which are, however, not directly linked to sustainable buildings.
