Infrared heating in rental housingThe sustainable use of infrared heating in rental housing does not place too much financial burden on the homeowner and enables the investment to be amortized quickly. Since the tenant pays the electricity costs directly to the electricity supplier, there is no heating bill and the associated financial risk for the landlord.
The new GEG2024 sets out a large number of requirements for the heating of residential buildings. This is particularly true for heat pump heating, which is currently the focus of attention. After an analysis of the law in this regard (see below), one can only recommend avoiding this monster law by installing a direct electric heating system. – ideally in combination with a photovoltaic system, where the tenants generate their own electricity.
Electrical energy will become a priority in all areas of our lives and has the advantage that you can become largely energy self-sufficient by installing a photovoltaic system.
Initial situation
The following description of measures relates to a residential building with 33 residential units and a gas or oil central heating system that has not been renovated in terms of energy efficiency and requires a great deal of maintenance due to its age. The building is shown in the picture above.
Measures
The apartments are equipped with infrared ceiling heating in the rooms to be heated in accordance with the natural fluctuation caused by tenant changes. Each residential unit is simultaneously deregistered with the heating cost reading service, e.g. Brunata, Thermomess or similar. An annual heating bill will no longer be issued for these apartments from this point onwards. They will be removed from the apportionment of general costs. This eliminates the landlord's risk of having to pay for his tenants' ancillary heating costs in the event of non-payment. The tenant pays the electricity supplier directly.
Technically, the apartment is disconnected from the supply of hot heating water. The radiators can remain in the rooms or be cut off at the pipes and removed after the heating water has been drained.
When tenants change and the previous tenants move out, the status of the electricity meter is recorded in the acceptance report. This is entered as the initial reading in the handover protocol for the subsequent new tenancy.
The new tenants are instructed on the effect of their heating behaviour and how to operate the heating thermostat. They are provided with the heating system included in the ancillary rental costs. Care monitoring by the property management to reduce their energy consumption. This provides for a monthly reading of consumption with information for the tenants. The ancillary costs are charged at € 8 per month.
Heating costs will no longer be billed by the landlord in future. Tenants will pay the energy supplier directly. When the apartment is handed over, the tenants receive all information in writing and declare their consent with their signature. In the list of ancillary rental costs included in the tenancy agreement, energy monitoring is listed as an apportionable ancillary cost.
Note to landlord
We recommend carrying out a thermal bridge analysis with an infrared camera before handing over the apartment and, if necessary, handing over the documents to the tenants together with the heating documents. At the end of the heating season, the actual energy costs for heating can be determined from the consumption of the months without any heating use by deducting the general electricity costs. If these costs are known, the tenant can be informed promptly about their heating behavior and the resulting heating costs as part of the monitoring process.
Service (hot) water supply
In the case of a central domestic hot water supply from an existing old heating system, this could be left in place to keep investment costs low.
Alternatively, the domestic hot water supply can be provided by electronically controlled instantaneous water heaters installed close to the consumer in accordance with GEG 2024. In this case, the size of the electrical house connection must be checked as part of the planning.
If a photovoltaic system is to be installed, electric boilers must be used for the domestic hot water supply, as these can be supplied with energy by the PV system.
Experts also advocate the use of a small and inexpensive air source heat pump for the domestic hot water supply. This is not recommended, as it will result in a sharp increase in electricity costs on cold days in winter. There are still no reliable efficiency calculations for heat pumps. The so-called annual coefficient of performance (COP) says nothing about the efficiency of the useful energy required in the rooms. The limited life cycle and high installation costs also speak against the use of a heat pump for domestic hot water preparation.
The new Building Energy Act (GEG) was recently passed. It allows infrared heaters, also known as direct electric heaters in the law, to be used as primary or full heating in residential and non-residential buildings.
One of the requirements is that from 2025 onwards, only heating systems that generate at least 65% of their energy from “renewable energies” such as sun, wind or water may be installed and operated.
Infrared heaters already achieve this 65% even without a photovoltaic system if the electricity supplier supplies green energy. In addition, around 59% (3 months to July 2024) of normal household electricity already comes from renewable energies, with this share increasing monthly due to the expansion of wind power and photovoltaics. 100% is to be achieved by 2035. The operation of an infrared heater will then be 100% CO2-free.
If, in a new building, the building to be heated falls short of the structural thermal insulation by at least 45%, the installation and operation of an infrared heater as a full heating system is permitted.
The situation is similar for existing buildings. If the building already has a heating system that uses water as a heat carrier, e.g. an oil, gas, pallet or heat pump heating system, the structural thermal insulation only needs to be reduced by at least 45%, e.g. EH40. The same applies to buildings in which electric heating is already installed, e.g. night storage heaters. The "40" in the program name EH 40 NH means that an energy-efficient house may only consume a maximum of 40% of the legal standard of energy set at "100".
What is new in the GEG 2024 is that there are no requirements for structural thermal insulation if the ceiling height is at least or more than 4 meters.
In a self-occupied 1-2 family home, there are no restrictions or requirements regarding structural thermal insulation when installing and using infrared heating. However, when changing heating systems, it must be taken into account that the use of fossil fuels must be stopped by 2045 at the latest and after that all heating systems must be operated entirely with renewable energy.
However, this law provides for certain requirements for increasing energy efficiency in the building energy sector. In addition, consultations on the Energy Performance of Buildings Directive (EPBD) are currently being carried out at EU level.
The law states: “In particular, the use of renewable environmental heat, which is available everywhere free of charge, by means of heat pumps and solar thermal energy is play a crucial role”. However, this is complete nonsense, because "freely available renewable environmental heat" in the form of outside air or geothermal energy from the ground has inefficiently low temperatures compared to the building heat from the previous day, which is used by an infrared heater for heating. This fact alone makes heat pump heating inefficient in energy terms. If one wanted to prove that this is not the case, this could only be demonstrated by an efficiency measurement procedure laid down in a DIN standard. Remarkably, however, this test procedure does not exist for heat pump heating systems. - It would then be necessary to measure the actual Useful energy in space reveal the low efficiency of this heating system.
B. GEG Act: Solution with heat pumps
The efficient operation of heating systems is crucial for a good climate balance and a cost-effective heat supply. This should be made transparent through elements of heating inspection and measurement. In order to keep the efficiency of heating systems as high as possible and energy consumption as low as possible, in addition to a new regulation on the operational inspection of heat pumps, a Heating testing and heating optimization A hydraulic balancing is planned as a key optimization measure. The current shortage of skilled workers and the high bureaucratic effort are taken into account by limiting the project to buildings with more than 6 rented apartments. – Editor's note: this presents enormous challenges and costs for the operator of a heat pump heating system!
F. GEG Act: Additional costs
If there are new information, documentation and training obligations for service providers, it is conceivable that they will pass the costs on to their customers, thereby increasing the prices for the services. In addition, the costs resulting from the change in the heating cost regulations can be passed on to the users of the apartments or other units. The chimney sweeps also charge fees for their new tasks in accordance with the fee regulations.
㤠60a Testing and optimization of heat pumps
(1) Heat pumps that are installed or set up as a heating system for the purpose of commissioning in a building with at least six apartments or other independent units of use or for feeding into a building network to which at least six apartments or other independent units of use are connected, after December 31, 2023, must be tested after a complete heating period, but no later than two years after commissioning. Company audit are subjected to. Sentence 1 shall not apply to hot water heat pumps or air-to-air heat pumps. For heat pumps that are not subject to remote control, the operational test in accordance with sentence 1 must be repeated every five years at the latest.
(2) The audit pursuant to paragraph 1 shall include:
1. checking whether hydronic balancing has been carried out,
2. checking the control parameters of the system including the setting
a) the heating curve,
b) the switch-off or lowering times,
c) the heating limit temperature,
d) the setting parameters for water heating,
e) the pump settings and
f) the settings of the bivalence point and operating mode in the case of a heat pump hybrid heating system,
3. checking the flow and return temperatures and the functionality of the expansion vessel,
4. the metrological evaluation of the seasonal performance factor and, in the event of major deviations from the expected seasonal performance factor, recommendations for improving efficiency through measures on the heating system, the heating distribution, the behavior or the building envelope,
5. checking the fill level of the refrigerant circuit,
6. Checking the hydraulic components,
7. Checking the electrical connections,
8. checking the condition of the outdoor unit, if present, and
9. Visual inspection of the insulation of the water heating system pipes.
(3) The operational audit in accordance with paragraph 1 in conjunction with paragraph 2 shall be carried out by a competent person who has successfully completed a training course in the field of heat pump inspection that covers the contents of paragraph 2.
(4) Experts are in particular
1. chimney sweeps in accordance with Annex A No. 12 of the Crafts Code,
2. craftsmen in the trades of plumber and heating engineer in accordance with Annex A No. 24 of the Crafts Code,
3. refrigeration installer according to Annex A No. 18 of the Crafts Code,
4. stove and air heating fitter according to Annex A No. 2 of the Crafts Code,
5. electrical technician according to Annex A No. 25 of the Crafts Code or
6. energy consultants who are on the list of energy efficiency experts for federal funding programs.
(5) The result of the audit and any need for optimization with regard to the requirements under paragraph 1 shall be recorded in writing and sent to the person responsible as evidence. The necessary optimization measures shall be carried out within one year of the audit. The result of the audit in accordance with sentence 1 and proof of the work carried out in accordance with sentence 2 must be presented to the tenant immediately upon request. Sentence 3 shall apply accordingly to leases and other forms of transfer of use of buildings or apartments for a fee."
"§ 60b Inspection and optimization of older heating systems
(1) A heating system using water as the heat transfer medium that was installed or set up after 30 September 2009, is not a heat pump and is operated in a building with at least six apartments or other independent units of use must be subjected to a heating system inspection and heating system optimization within one year of the expiry of 15 years after installation or set-up. A heating system with water as the heat transfer medium that was installed or set up before 1 October 2009 and is operated in a building with at least six apartments or other independent units of use must undergo a heating system inspection and heating system optimization by the end of 30 September 2027. The heating inspection in accordance with sentences 1 or 2 must include a check,
1. whether the technical parameters that can be set for the operation of the heating system are optimized for the operation of the heat generation system in terms of energy efficiency,
2. whether an efficient heating pump is used in the heating system,
3. to what extent insulation measures should be carried out on pipes or fittings and
4. what measures can be taken to reduce the flow temperature after inspection.
(2) In order to optimize a heat generation system in accordance with paragraph 1 sentence 3 number 1, taking into account possible negative effects on the fabric of the building and human health, the following are regularly necessary:
1. lowering the flow temperature or optimizing the heating curve in the event of grossly incorrect settings,
2. the activation of night setback, night shutdown or other setbacks or shutdowns of the heating system appropriate to the usage profile and the ambient temperature and information for the operator, in particular for summer shutdown, vacation setback or presence control,
3. the optimization of circulation operation, taking into account applicable health and safety regulations,
4. Check that the circulation pump is set correctly,
5. the reduction of hot water temperatures, taking into account applicable health protection regulations,
6. lowering the heating limit temperature to reduce the heating period and days, and
7. informing the owner or user about further energy-saving measures and the use of renewable energies, in particular the requirements of Section 71 (1) for heating systems.
(3) The heating inspection in accordance with paragraph 1 shall be carried out by a competent person within the meaning of § 60a paragraph 3. In particular, persons pursuant to Section 60a (4) numbers 1, 2 and 4 shall be deemed to be experts.
(4) The heating system test in accordance with paragraph 1 and any subsequent optimization measures required should be offered and carried out in connection with activities or measures already being carried out by the competent persons in accordance with paragraph 3, in particular when carrying out sweeping and inspection activities or a fireplace inspection in accordance with the Chimney Sweep Crafts Act of 26 November 2008 (Federal Law Gazette I p. 2242) in the currently valid version, or during heating system maintenance work. The heating inspection can also be verified as part of the performance of a hydraulic balancing.
(5) The result of the inspection in accordance with paragraph 1 sentence 3 and any need for optimization shall be recorded in writing and sent to the person responsible as proof. If the inspection reveals a need for optimization in accordance with paragraph 1 sentence 3 number 1 in conjunction with paragraph 2, the optimization measures must be carried out within one year of the heating inspection and recorded in writing. The result of the inspection in accordance with sentence 1 and the proof in accordance with sentence 2 must be presented to the tenant immediately upon request. § Section 60a (5) sentence 4 shall apply accordingly.
(6) It is not necessary to repeat the inspection if no changes have been made to the heating system or the combined heating and ventilation system in question after the inspection or if no changes have occurred with regard to the heat demand of the building or the conditioned area.
(7) The obligation to test heating systems does not apply to heating systems with standardized building automation in accordance with Section 71a or to heat pumps that are subject to an operational test in accordance with Section 60a. Also exempt from the obligation under paragraph 1, provided that the overall impact of such an approach is equivalent, are heating systems or combined heating and ventilation systems that
1. fall under a contractual agreement on a level of energy performance or an energy efficiency improvement, in particular under an energy performance contract pursuant to Section 3(1)(8a), or
2. are operated by a utility company or a grid operator and are therefore subject to system-side efficiency monitoring measures.
(8) In the event of an exemption from the inspection obligation in accordance with paragraph 7 sentence 1, project documents in a verifiable form must be submitted to prove that the building is equipped with building automation systems in accordance with § 71a. In the case of an exemption from the inspection obligation in accordance with paragraph 7 sentence 2, the following documents and evidence must be submitted to prove the equivalence of the measures:
1. documents on the building, system and operator data,
2. proof that the installations fall under an agreed energy performance criterion in the form of an appropriate energy performance contract, and
3. proof that the systems are operated by a utility company or a grid operator, including submission of a suitable operator contract.
§ Section 60c Hydraulic balancing and other measures for heating optimization
(1) A heating system with water as the heat transfer medium must be hydraulically balanced after the installation or set-up of a heating system for the purpose of commissioning in buildings with at least six apartments or other independent units of use.
(2) The implementation of hydronic balancing within the meaning of this regulation includes at least the following planning and implementation services, taking into account all essential components of the heating system:
1. a room-by-room heating load calculation,
2. an inspection and, if necessary, optimization of the heating surfaces with regard to the lowest possible flow temperature and
3. the adjustment of the flow temperature control.
The method specified in DIN EN 12831, Part 1, September 2017 edition, in conjunction with DIN/TS 12831, Part 1, April 2020 edition,*) must be used for the room-by-room heating load calculation.
(3) Hydronic balancing must be carried out in accordance with procedure B in accordance with the ZVSHK technical rule "Optimization of heating systems in existing buildings", VdZ - Wirtschaftsvereinigung Gebäude und Energie e.V., 1st updated new edition April 2022, section 4.2. or an equivalent procedure.
(4) The confirmation of hydronic balancing shall be recorded in writing, including the setting values, the heating load of the building, the set output of the heat generators and the room-by-room heating load calculation, the design temperature, the setting of the control and the pressures in the expansion tank, and communicated to the person responsible. The confirmation in accordance with sentence 1 must be presented to the tenant immediately upon request. § Section 60a (5) sentence 4 shall apply accordingly." Circulation pumps that are installed externally in heating or cooling circuits and are not integrated into a heating or cooling generator, as well as DHW circulation pumps, must be replaced by the end of December 31, 2026, unless they meet the requirements of paragraphs 3 to 5. The deadline pursuant to sentence 1 shall be extended by six months if the heating system is replaced within this period.
(3) Glandless circulators shall not exceed an energy efficiency index of 0.23. They shall comply with the requirements set out in point 1.2 of Annex I to Commission Regulation (EC) No 641/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for glandless external circulators and glandless circulators integrated in products (OJ L 191, 23.7.2009, p. 35), as last amended by Regulation (EU) 2019/1781 (OJ L 272, 25.10.2019, p. 74).
(4) Glanded circulators shall not fall below a minimum efficiency index of 0.4. They shall comply with the requirements of Commission Regulation (EU) No 547/2012 of 25 June 2012 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for water pumps (OJ L 165, 26.6.2012), as last amended by Regulation (EU) 2016/2282 (OJ L 346, 20.12.2016, p. 51).
(5) Trinkwasser-Zirkulationspumpen müssen über einen elektronisch kommutierten Motor verfügen.
(6) Paragraphs 2 to 5 shall only apply in buildings with at least six apartments or other independent units of use."
"(2) The owner of a building must ensure that the heat emission from previously uninsulated, accessible heat distribution and hot water pipes that are not located in heated rooms is limited in accordance with Annex 8."
"§ 71 Requirements for heating systems
(1) Heizungsanlagen dürfen zum Zweck der Inbetriebnahme in einem Gebäude nur eingebaut oder aufgestellt werden, wenn sie mindestens 65 Prozent der mit der Anlage bereitgestellten Wärme mit erneuerbaren Energien oder unvermeidbarer Abwärme nach Maßgabe der Absätze 4 bis 6 sowie der §§ 71b bis 71h erzeugen. Satz 1 ist entsprechend für Heizungsanlagen anzuwenden, die in ein Gebäudenetz einspeisen.
(2) The building owner is free to choose which heating system is used to meet the requirement under paragraph 1. Compliance with the requirements of paragraph 1 in conjunction with §§ 71a to 71h sentence 1 must be verified on the basis of calculations in accordance with DIN V 18599: 2018-09 by a person authorized in accordance with § 88 before commissioning. The building owner is obliged to install or set up and operate the heating system in accordance with the specifications of the verification. The certificate must be kept by the owner and the issuer for at least ten years and presented to the competent authority under state law and the authorized district chimney sweep upon request. By way of derogation from sentence 1, no biomass heating system may be installed or set up in a building to be erected in order to comply with the requirements of paragraph 1.
(3) The requirements of paragraph 1 shall be deemed to be met for the following systems individually or in combination with each other, so that verification in accordance with paragraph 2 sentence 2 is not required if they are installed or set up for the purpose of commissioning in a building or feeding into a building network and completely cover the heat demand of the building, the dwellings or other independent units of use supplied by the systems or the building network:
1. house transfer station for connection to a heating network in accordance with § 71b,
2. electrically driven heat pump in accordance with § 71c,
3. direct electricity heating in accordance with § 71d,
4. solar thermal system in accordance with § 71e,
5. heating installations for the use of biomass or green or blue hydrogen, including derivatives produced therefrom in accordance with sections 71f and 71g, or
6. heat pump hybrid heating consisting of an electrically driven heat pump in combination with a gas, biomass or liquid fuel firing system in accordance with Section 71h. Sentence 1 no. 5 shall not apply to a heating system for the use of biomass which is installed or set up for the purpose of commissioning in a building to be constructed or which is newly installed or set up to supply a building to be constructed via a building network. When operating a heating system pursuant to sentence 1 numbers 5 and 6, the operator shall ensure that the requirements for the supply of the respective fuel from Section 71f (2) to (4) and Section 71g (3) number 2 are complied with.
(4) The obligation under paragraph 1 shall apply
1. in the case of a heating system that generates both space heating and hot water, to the entire system,
2. in the case of a heating system in which space heating and hot water are generated separately, only to the individual system that is newly installed or set up, or
3. in the case of several heating systems in a building or in buildings connected for the supply of heat in accordance with paragraph 1 sentence 2, either to the individual heating system that is replaced and newly installed or set up, or to the totality of all installed heating systems.
(5) If the hot water preparation is decentralized and independent of the generation of space heating, the requirement of paragraph 1 for the hot water preparation system shall also be deemed to be fulfilled if the decentralized hot water preparation is carried out electrically. In the case of decentralized hot water preparation with electric instantaneous water heaters, these must be electronically controlled in order to meet the obligation under paragraph 1.
(6) Unavoidable waste heat can be taken into account in the proof of compliance in accordance with paragraph 1 if it is made usable via a technical system and used in the building to cover the heat demand. When operating a decentralized, manually fed single-room firing system, a value of 0.10 deviating from the standard value of DIN V 18599-5:2018-09 for the coverage share of the useful heat demand can be taken into account in the proof of mandatory compliance in accordance with paragraph 1.
(7) The requirement under paragraph 1 shall not apply to heating systems that are operated, installed or erected for the exclusive supply of national and alliance defense buildings, insofar as their fulfillment conflicts with the nature and main purpose of national and alliance defense.
§ Section 71a Measuring equipment for heating systems, information obligations, building automation
(1) A heating system installed after the end of December 31, 2024 must be equipped with a Measuring equipment for recording the Energy consumption and the amount of heat generated as well as an energy consumption and efficiency display. The measured values must be displayed either via their user interface, a higher-level energy management system, an external device or an external application, while ensuring state-of-the-art data security. The efficiency display must be accessible and have adequate protection against access by third parties. In the case of an electric heat pump, the amount of electricity required to operate electric immersion heaters and heat source pumps must also be recorded. Sentence 1 shall not apply to a biomass heating system in accordance with Section 71g or an air-to-air heat pump.
(2) The energy consumption and heat quantities of the heating system installed after December 31, 2024 shall be recorded by measurement. The measured values shall be kept in a machine-readable format with monthly resolution for three years. Measured values with a higher resolution may only be kept by the person responsible for operating the heating system with the consent of the persons concerned. In the case of a heat pump hybrid heating system, the share of the individual heat generators in the heat supply must also be shown. In the case of a solar thermal system, the solar yields and the comparison with yields from previous periods must be shown. Paragraph 1 sentence 5 shall apply accordingly.
(3) In order to meet the requirements of paragraphs 1 and 2, the data collected may be transmitted via a smart meter gateway in accordance with Section 2 no. 19 of the Metering Point Operation Act of August 29, 2016 (Federal Law Gazette I p. 2034), as amended. Insofar as metering point operation pursuant to Section 3 of the Metering Point Operation Act applies to the purchase of energy for heating systems, the provisions of the Metering Point Operation Act shall apply.
(4) A non-residential building with a rated output of the heating system or the combined space heating and ventilation system of more than 290 kilowatts must be equipped with a building automation and control system in accordance with paragraphs 5 to 7 by the end of December 31, 2024. Sentence 1 shall also apply to a non-residential building with a rated output for an air-conditioning system or a combined air-conditioning and ventilation system of more than 290 kilowatts.
(5) To meet the requirement under paragraph 4, a non-residential building must be equipped with digital energy monitoring technology by means of which
1. continuous monitoring, logging and analysis of the consumption of all main energy sources and all building services.
2. the collected data is made accessible via a common and freely configurable interface so that evaluations can be carried out independently of the company and manufacturer,
3. requirement values can be established with regard to the energy efficiency of the building,
4. efficiency losses of technical building systems can be recognized and
5. the person responsible for the facility or the technical building management can be informed about possible improvements in energy efficiency. In addition, a person or company responsible for building energy management must be appointed or commissioned to analyze and leverage the potential for energy-optimized building operation in a continuous improvement process.
(6) In addition to the requirement under paragraph 5, a non-residential building to be erected must
1. be equipped with a building automation system corresponding to automation level B in accordance with DIN V 18599-11: 2018-09 or better and
2. undergo technical commissioning management, including the adjustment of the technical building systems, in order to ensure optimum operation. When equipping the building automation system in accordance with sentence 1 number 1, it must be ensured that this system enables communication between interconnected technical building systems and other applications within the building and can be operated together with other types of technical building systems, even with different proprietary technologies, devices and manufacturers. The technical commissioning management in accordance with sentence 1 number 2 must cover at least the period of one heating period for heating systems and at least one cooling period for cooling systems.
(7) If an existing non-residential building already uses a building automation system that meets or exceeds automation level B in accordance with DIN V 18599-11: 2018-09, communication between interconnected technical building systems and other applications within the building must be enabled by the end of December 31, 2024, and it must be ensured that these systems can be operated together with other types of technical building systems, even with different proprietary technologies, devices and manufacturers.
§ Section 71b Requirements for connection to a heating network and obligations for heating network operators
(1) When installing or setting up a house transfer station for connection to a new heating network whose construction begins after the end of December 31, 2023, at least 65 percent of the total heat distributed in the heating network must come from renewable energies or unavoidable waste heat. A new heating network pursuant to sentence 1 exists if less than 20 percent of its heat is provided thermally, by direct hydraulic connection or indirectly via heat transfer from an existing upstream heating network, or if less than 20 percent of its heat is provided thermally on an annual average. When concluding a grid connection contract, the heating network operator must confirm to the connectee that the requirements in sentence 1 are met.
(2) When installing or setting up a house transfer station for connection to a heating network whose construction begins before January 1, 2024 and in which less than 65 percent of the total heat distributed comes from renewable energies or unavoidable waste heat, the heating network operator must have a transformation plan for the area of the connection by the end of December 31, 2026. The transformation plan must be in accordance with the applicable legal requirements. In particular, the transformation plan must aim in detail for a gradual conversion of the heat supply to a share of at least 50% from renewable energies or unavoidable waste heat by the end of 31 December 2029 and provide for the complete decarbonization of the heat supply by converting to renewable energies or unavoidable waste heat by the end of 31 December 2044. If the transformation plan provides for a lower proportion of renewable energies and unavoidable waste heat, this deviation must be justified. When concluding a grid connection contract, the heating network operator shall confirm to the connectee that it has prepared a transformation plan in accordance with sentences 2 and 3 and has submitted or presented it to the competent body within the period specified in sentence 1.
(3) The confirmation of the heating network operator pursuant to paragraph 1 sentence 3 and paragraph 2 sentence 5 shall be deemed equivalent to fulfillment of the requirements of paragraphs 1 and 2 for the person responsible pursuant to § 71 paragraph 1.
§ Section 71c Requirements for the use of a heat pump
If one or more electric heat pumps are installed, the requirements of Section 71 (1) are deemed to be met if one or more heat pumps cover the heating requirements of the building or the buildings connected via a building network.
§ Section 71d Requirements for the use of direct electric heating
(1) A direct current heating system may only be installed or set up in a building to be erected for the purpose of commissioning if the building is at least 45 percent below the requirements for structural thermal insulation in accordance with §§ 16 and 19 (non-residential buildings).
§ Section 16 GEG - Structural thermal insulation
A residential building to be erected must be constructed in such a way that the maximum value of the specific transmission heat loss related to the heat-transferring envelope surface is 1.0 times the corresponding value of the respective reference building according to § 15 paragraph 1 is not exceeded.§ 15 GEG - Total energy requirement
(1) A residential building to be erected shall be constructed in such a way that the annual primary energy demand for heating, hot water, ventilation and cooling is 0.55 times the value of the annual primary energy demand of a reference building with the same geometry, usable building area and orientation as the building to be erected and the technical reference design of the building to be constructed. Annex 1 GEG, Technical design of the reference building (residential building) is not exceeded.
(2) A direct current heating system may only be installed or set up in an existing building for the purpose of commissioning if the building is at least 30 percent below the requirements for structural thermal insulation in accordance with §§ 16 (residential buildings) and 19 (non-residential buildings). If an existing building already has a heating system with water as the heat transfer medium, the installation of direct electric heating is only permitted if the building meets the requirements for structural thermal insulation in accordance with Sections 16 and 19 by at least 45 percent falls below. Compliance with the requirements in sentences 1 and 2 must be verified by a person authorized in accordance with § 88 (authorization to issue energy performance certificates). The proof must be kept by the owner for at least ten years and presented to the competent authority under state law on request.
(3) Paragraph 2 shall not apply to the replacement of existing individual single-room direct current heating systems.
(4) Paragraphs 1 and 2 shall not apply
1. to direct electric heating systems in a building in which a decentralized heating system is installed or set up to heat building zones with a room height of more than 4 meters
2. in a residential building with no more than two apartments, one of which is occupied by the owner.
§ 71e Requirements for a solar thermal system
If a solar thermal system is used with liquids as the heat transfer medium, the collectors or the system contained therein must be certified with the European "Solar Keymark" test mark as long as and insofar as the use of a CE marking is permitted in accordance with an implementing act based on Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10). October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10), as last amended by Directive 2012/27/EU (OJ L 315, 14.11.2012, p. 1), is not mandatory. Certification must be carried out in accordance with the recognized rules of technology.
§ Section 71i Transitional periods for heating system breakdowns
(1) Following a heating system accident, an old heating system may be replaced once and for a maximum of three years on a transitional basis and a new heating system may be installed or set up and operated for the purpose of commissioning that does not meet the requirements of Section 71 (1). The period according to sentence 1 begins on the day on which work to replace the heating system is carried out for the first time. Sentence 1 shall not apply to storey heating systems pursuant to Section 71l (1) and to single-room firing systems pursuant to Section 71l (7) and to hall heating systems pursuant to Section 71m.
(2) By way of derogation from paragraph 1, following a heating system breakdown in a residential building with no more than six apartments, the owner of which occupies the building himself and who has reached the age of 80 at the time of installation or installation of a new heating system for the purpose of commissioning or after expiry of the deadline in accordance with paragraph 1 sentence 1, an old heating system may also be replaced several times and without the time limit specified in paragraph 1 and a new heating system may be installed or installed and operated for the purpose of commissioning which does not meet the requirements of § 71 paragraph 1. In the case of co-owners, sentence 1 shall only apply if all owners have reached the age of 80. The age of the building owner(s) and the ownership of the building at the time of installation or installation of the heating system for the purpose of commissioning must be proven to the authorized district chimney sweep
1. as part of the fireplace inspection of the heating system or
2. with a written self-declaration.
After a change of ownership, the new owner must comply with the requirements of Sections 71 to 71h when continuing to operate the heating system no later than two years after the change of ownership or install a heating system that meets the requirements of Sections 71 to 71h.
§ Section 71l Transitional periods for a floor heating system or a single-room firing system
(1) In a building in which at least one storey heating system is operated, the requirements of Section 71 (1) for storey heating systems shall only be applied three years after the date on which the first storey heating system or central heating system was replaced and a new heating system was installed or set up in the building for the purpose of commissioning. § Section 71i (1) sentence 2 shall apply accordingly.
(2) If the person responsible for a building in which at least one floor heating system is operated decides within the period specified in paragraph 1 to partially or completely convert the heat supply of the building to a central heating system in order to meet the requirements of Section 71 paragraph 1, the period specified in paragraph 1 shall be extended for all apartments and other independent units of use affected by the conversion to a central heating system by the period until the central heating system is completed, but by a maximum of ten years. After the central heating system has been completed, at the latest 13 years after the time at which the first floor heating or central heating system was replaced and a new heating system was installed or set up for the purpose of commissioning, all apartments and other independent units of use affected by the conversion to the central heating system and whose floor heating systems are being replaced must be connected to the central heating system as soon as they need to be replaced. Floor heating systems that were installed or set up for the purpose of commissioning within the deadline in sentence 2 do not need to be connected to the central heating system until a further year has passed. For apartments and other independent units of use that are to continue to be supplied with floor heating systems, any floor heating system newly installed or set up for the purpose of commissioning after the deadline in paragraph 1 has expired must meet the requirements of Section 71 paragraph 1. For floor heating systems that were installed or set up for the purpose of commissioning within the deadline in paragraph 1, the requirements of Section 71 paragraph 1 do not need to be applied until a further year has passed. For apartments and other independent units of use with floor heating systems that are connected to an existing central heating system, the requirements of Section 71 paragraph 1 are deemed to have been met. By way of derogation from sentence 4, in the event of a breakdown of a floor heating system in apartments whose owner has reached the age of 80 at the time of replacing the first floor heating system or central heating system and installing or setting up a new heating system for the purpose of commissioning in accordance with sentence 1 or after expiry of the period specified in paragraph 1 sentence 1 and lives in the apartment himself, an old floor heating system can be replaced and a new heating system can be installed or set up and operated for the purpose of commissioning, even several times and without the time limit specified in paragraph 1, which does not meet the requirements of Section 71 paragraph 1. Section 71i paragraph 2 sentences 2 to 4 shall apply accordingly.
(3) If the responsible party decides within the period specified in paragraph 1 that the apartments and other independent units of use with floor heating should continue to be operated with floor heating or that additional apartments or independent units of use should be operated with floor heating in the future in a building in which at least one floor heating system is operated, any floor heating system newly installed or set up after the expiry of this period must meet the requirements of Section 71 paragraph 1. Paragraph 2, sentences 5 and 7 shall apply accordingly.
(4) If the responsible party does not take a decision pursuant to paragraph 2 sentence 1 or paragraph 3 sentence 1 within the period specified in paragraph 1, he shall be obliged to completely convert to a central heating system. The provisions of paragraph 2 shall apply to the conversion.
(5) The decision pursuant to paragraphs 2 or 3 shall be communicated to the authorised district chimney sweep immediately in text form.
(6) In a building in which at least one single-room heating system within the meaning of Section 2(3) of the Ordinance on Small and Medium-Sized Heating Installations for the Generation of Space Heat, Hot Water or a Combination thereof is operated, paragraphs 1 to 5 shall apply as soon as the first single-room heating system has been installed or set up in the building for the purpose of commissioning.
§ 71m Transitional period for hall heating
(1) Notwithstanding the requirements of Section 71(1), a new individual decentralised fan or radiant heating system may be installed or set up and operated in existing buildings for heating building zones with a room height of more than 4.00 metres for the purpose of commissioning for a maximum of ten years after the replacement of the first individual decentralised fan or radiant heating system, provided that the new systems correspond to the best available technology. All individual decentralised fan or radiant heating systems in the hall or a central heating system must meet the requirements of Section 71(1) no later than one year after the expiry of the period specified in sentence 1. Section 71i(1) sentence 2 shall apply accordingly.
(2) In derogation from the requirements of Section 71 Paragraph 1, a decentralised heating system can be installed or set up and operated in existing buildings for heating building zones with a room height of more than 4.00 metres for the purpose of commissioning once and for a maximum of two years after the old system has been replaced. After the two years have elapsed, the newly installed or set up decentralised heating system must be operated with at least 65 percent renewable energy, unless the operator can prove that the building’s final energy consumption for space heating has been reduced by at least 40 percent over a period of one year compared to the final energy consumption before the heating system was replaced. If the final energy consumption was reduced by less than 40 percent, but at least 25 percent, in accordance with Sentence 2, the missing percentage in relation to the 40 percent reduction in final energy consumption can be offset by the same percentage in relation to the use of 65 percent renewable energy. Section 71i Paragraph 1 Sentence 2 shall apply accordingly.
§ 71n Procedure for associations of homeowners
(1) For buildings in which there is residential or shared ownership and in which at least one floor heating system has been installed or set up for the purpose of commissioning, the community of residential owners is obliged to request from the authorised district chimney sweep, by the end of 31 May 2024, the information contained in the chimney sweeping register that is required for the decision on future heat supply. This includes information that is necessary for planning a centralisation of the supply of heat. The information pursuant to sentences 1 and 2 includes information on
1. the type of investment,
2. the age of the plant,
3. the functionality of the system and
4. the nominal heat output of the system.
At the request of the community of homeowners, the authorized district chimney sweep is obliged to send the most recently submitted form in accordance with Section 4 Paragraph 1 of the Chimney Sweepers' Trade Act of 26 November 2008 (Federal Law Gazette I p. 2242), in the currently valid version, or the information required under sentence 2 and available in the chimney sweeping log to the community of homeowners within two months of the request, against reimbursement of expenses.
(2) The community of apartment owners is obliged to request, by the end of 31 May 2024, from the apartment owners of the apartments or other independent units in which a floor heating system is installed or set up for the purpose of commissioning, the communication of information on the systems and equipment belonging to the special property, which may be useful for an initial assessment of any need for action to fulfil the requirements of Section 71 paragraph 1. This includes in particular information on
1. the condition of the heating system, which the apartment owner has obtained from his own experience of use or from commissioning tradesmen,
2. all other components of the heating system that are part of the special property, such as pipes and radiators, as well as all modifications that the apartment owner has carried out or commissioned, and
3. Equipment to increase efficiency which is privately owned.
The apartment owners are obliged to provide the above information in writing within two months of the request. The apartment owners must immediately inform the association of apartment owners about the failure of an old floor heating system, the installation or setting up of a new floor heating system for the purpose of commissioning and about further changes to the information in accordance with paragraph 1 sentence 2 and sentence 1.
(3) After expiry of the notification period referred to in the second sentence of paragraph 2, the Community shall
the apartment owner shall make the information received available to the apartment owners in a consolidated form within one month.
(4) As soon as the community of apartment owners becomes aware that the first floor heating system has been replaced and a new heating system has been installed or set up for commissioning, the administrator must immediately convene the apartment owners' meeting. The apartment owners' meeting must discuss the procedure for fulfilling the requirements of Section 71 paragraph 1 and point out the legal consequences of Section 71l paragraph 4.
(5) The apartment owners must decide on the fulfillment of the requirements under Section 71(1) within the deadline set out in Section 71l(1). An implementation plan must be drawn up, decided on and implemented to fulfill these requirements. Until full implementation, the status of the implementation of the requirements under Section 71(1) must be reported to the apartment owners' meeting at least once a year.
(6) The retention of at least one floor heating system can only be decided upon with two thirds of the votes cast and half of all co-ownership shares. Section 71l paragraphs 4 and 5 shall apply accordingly.
(7) The apartment owners whose apartments or other independent units are connected to a central heating system must bear the costs of converting the heat supply to a central heating system in proportion to their co-ownership shares. The apartment owners can decide by resolution on the distribution of costs arising from the implementation of measures in the private property. If the distribution network or a central heating system required for a connection already exists, the apartment owners whose apartments or other independent units are connected to it must pay appropriate compensation. Section 16 paragraph 2 sentence 2 of the Condominium Act applies accordingly.
(8) Paragraphs 1 to 7 shall apply mutatis mutandis to dwellings and other independent units in which at least one single-room heating system within the meaning of Section 71l paragraph 7 is installed or set up and operated.
§ 71o Regulations for the protection of tenants
(1) If a heating system pursuant to Sections 71 to 71n is installed or set up in a building for the purpose of commissioning, which is operated entirely or partially with a biogenic fuel or with green or blue hydrogen or the derivatives produced therefrom for the generation of space heat or space heat and hot water, the tenant shall bear the costs of the fuel consumed only up to the amount of the costs that would have been incurred for a corresponding energy consumption if the average electricity price had been applied, divided by the value of 2.5. The average electricity price is calculated for the entire billing period from the electricity prices for households, which the Federal Statistical Office collects every six months as average prices including taxes, duties and levies in accordance with Regulation (EU) 2016/1952 of the European Parliament and of the Council of October 26, 2016 on European natural gas and electricity price statistics and repealing Directive 2008/92/EC (OJ L 311 of November 17, 2016, p. 1) and publishes on its website. The average electricity price is calculated for a billing period as the arithmetic mean of the electricity prices for households in the “Total” category for the reporting periods that overlap with the billing period. If, in the cases referred to in sentence 1, the tenant supplies himself with space heating or with space heating and hot water, he is entitled to reimbursement from the landlord of the costs for the fuel consumed, insofar as they exceed the costs that would have been incurred for a corresponding energy consumption if the average electricity price had been divided by the value 2.5.
(2) In a building with apartments that are rented out, the landlord may only demand a full rent increase due to a modernization measure pursuant to Section 559 paragraph 1 of the German Civil Code when installing a heat pump pursuant to Section 71c if he has provided evidence that the annual performance factor of the heat pump is above 2.5. Evidence pursuant to sentence 1 is not required if the building
1. was established after 1996,
2. was built at least in accordance with the requirements of the Thermal Insulation Ordinance of 16 August 1994 (Federal Law Gazette I p. 2121) in the version valid until 31 January 2002, or the building owner proves that the annual heating requirement does not exceed the requirements of the 3rd Thermal Insulation Ordinance,
3. after renovation, it meets at least the requirements of the energy efficiency house level 115 or 100 or
4. can be heated with a flow temperature that does not exceed 55 degrees Celsius at the local standard outside temperature.
The proof according to sentence 1 must be provided by a specialist contractor. The annual performance factor is determined on the basis of VDI 4650 Sheet 1: 2019-03*) or a comparable procedure, usually before the system is put into operation and not on the basis of the values during operation.
(3) If the proof pursuant to paragraph 2 is not provided, the landlord may only base a rent increase pursuant to Section 559 paragraph 1 of the German Civil Code on 50 percent of the costs incurred for the apartment.
(4) Paragraph 1 shall apply mutatis mutandis to leases and to other forms of granting of use of buildings or parts thereof or dwellings or parts thereof against payment.
Creator: Federal Ministry for Economic Affairs and Climate Protection + (editorial insertions by ABEG)
Status: 18.04.2023 21:37
By installing a photovoltaic system, you have the opportunity to become largely energy self-sufficient and to some extent free yourself from the price dictates of the large suppliers.
The first buildings have solar panels on their facades. Because the sun is almost vertical in winter, winter yields can double.
About 15 years ago, ABEG installed what is, according to the electricity supplier, the largest PV roof-mounted system Hesse. It has been running without any problems to this day. Since an electric carbon underfloor heating system in combination with electronically controlled instantaneous water heaters provide the entire energy supply, the additional costs for the tenants are very low.
Modern PV elements (8 mm thick without frame, hail-resistant) are planned for installation this year on the ABEG owner's building. Preparations for this are currently underway. The existing tiles are being removed and replaced with PV elements mounted on the roof battens.
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