Submit a declaration of fulfilment for compliance with the requirements of the Building Energy Act during the construction of buildings

The Act on the Conservation of Energy and the Use of Renewable Energies for Heating and Cooling in Buildings (Building Energy Act - GEG) of 8 August 2020 came into force on 1 November 2020. It applies to buildings, insofar as they are heated or cooled using energy in accordance with their intended purpose, and their heating, cooling, ventilation and lighting systems and equipment, as well as their hot water supply.

The GEG replaces the previously applicable Energy Saving Ordinance (EnEV), the Renewable Energies Heat Act (EEWärmeG) and the Energy Saving Act (EnEG). It summarises the requirements for energy efficiency and the proportionate use of renewable energies to cover the heating and cooling energy requirements of buildings in one law.

Note: In Baden-Württemberg, the Renewable Heat Act (EWärmeG) continues to apply to existing properties. It will not be replaced by the GEG. The EWärmeG also stipulates the use of renewable energies for buildings already constructed on 1 January 2009 if a heating system is replaced or retrofitted.

The old energy saving legislation (EnEV and EEWärmeG) still applies to all building projects for which the building application, application for approval or building notification was submitted by 31 October 2020. The GEG applies to building projects for which the building application or the building documents are submitted in the notification procedure on 1 November 2020 or later. In the case of projects that do not require authorisation, in particular those that do not require approval, notification or procedures - for example, many renovations - the date of commencement of construction work applies. If this is after 31 October 2020, the GEG also applies here.

In addition to the fulfilment options already known from the EEWärmeG, the GEG also allows new buildings to fulfil the obligation to use renewable energies by using electricity generated from renewable energies close to the building. At least 15 per cent of the heating and cooling requirements must be covered. For residential buildings with photovoltaic systems, proof can also be provided based on the size of the system.

The following is regulated in the Ordinance on the Implementation of the Building Energy Act (GEG-DVO) of the state of Baden-Württemberg: For all buildings to be erected that fall within the scope of the GEG, compliance with the requirements of the GEG must be verified on behalf of the building owner by means of a declaration of fulfilment for new buildings by a design author in accordance with Section 43 of the State Building Regulations for Baden-Württemberg (LBO). The building owner must submit the declaration of fulfilment to the building authority immediately after completion of the building.

If, in an existing building that falls within the scope of the GEG, external components in heated/cooled rooms are renewed, replaced or installed for the first time and new calculations have to be carried out for the entire building or if the existing building is extended or expanded, compliance with the requirements of the GEG must be verified on behalf of the owner by means of a declaration of compliance for existing measures from an authorised issuer of energy performance certificates. The owner must submit the declaration of fulfilment to the building authority immediately after completion of the measure.

The building authority can carry out checks to ensure that the execution of construction and installation measures complies with the certificates and declarations. To this end, it can oblige the client and the owner to provide the necessary information and submit the necessary documents. These documents include the energy performance certificate, the contractor's declaration, the inspection report for air conditioning systems, proof of the supply of solid, gaseous or liquid biomass and the agreement and documentation on the heat supply in the neighbourhood.