Robert Habeck's heating law is highly controversial. Some of the advances could be based on designs by Horst Seehofer. © Political-Moments/imago
Essential elements of Habeck's heating law are likely to go back to a draft by Horst Seehofer. An energy expert uncovers parallels.
Berlin – With his new heating law, Robert Habeck is repeatedly in the spotlight and attracts the displeasure of many citizens and coalition partners. What is apparently lost by the current discussion: Horst Seehofer's ministry probably had similar thoughts on the Building Energy Act (GEG) in 2020. So was there some kind of preliminary draft? IPPEN. MEDIA spoke to an expert.
Habeck's controversial heating law from Seehofer's pen? "Design goes beyond that"
There are some parallels between Habeck's Heating Act and the 2020 Building Energy Act, according to Matthias Leymann, who researches the Building Energy Act at Bucerius Law School. "An obligation to replace boilers (after 30 years) is therefore already present in the current law," the expert told the Münchner Merkur of IPPEN. MEDIA
At the same time, he emphasizes: "However, the draft law currently under discussion goes far beyond this." For example, there is no provision for an obligation to use renewable energies in existing buildings in the currently valid version. This also caused criticism when the law was passed in 2020.
Changes to the Building Energy Act through Habeck's heating plan
Background: In 2019, the Federal Cabinet adopted the draft for the GEG. The law was enacted on August 8, 2020, and Leymann confirmed to IPPEN. MEDIA: "The draft law was led by the Ministry of the Interior, Building and Community, headed by Horst Seehofer, and the Ministry of Economic Affairs and Energy, headed by Peter Altmaier."
According to Leymann, since its enactment in 2020, the Building Energy Act stipulates that boilers that are fed with oil or gas must in principle be shut down after 30 years of operation (Section 72 (2)). This remained essentially unchanged. "In addition, only the installation of new oil-fired boilers from 2026 is currently prohibited in principle (§ 72 para. 4)".
Habeck's new design is intended to prevent decommissioned gas boilers (possibly also oil boilers) from simply being replaced by new ones. Instead, according to Leymann, from 2025 onwards, these may only be replaced by a heating system that generates at least 65 percent of the heat provided by the system with "renewable energies" or unavoidable waste heat.
What Habeck's new heating law means
So, in general, if an oil or gas heater in the basement is more than 30 years old, it needs to be replaced. The planned ban on oil and gas heating systems does not mean that already functioning heating systems will necessarily have to be removed. As long as the heating works without any problems, owners are not obliged to take action after 2024.
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Even if the old heating system fails and needs to be repaired, this may be done. However, anyone who constructs a new building from 2024 onwards must ensure from the outset that at least 65 percent of the newly installed heating system generates heat from renewable energies. However, owners can implement individual solutions and alternatives to gas heating.
Heating law to take effect before the summer break – Habeck wants to compromise
Even before Habeck's heating law comes into force, citizens' resentment and uncertainty are growing. Against this background, Habeck announced in advance that he would be willing to talk about the law. So there could be room for manoeuvre on the launch date. Instead of applying equally to all buildings from 1 January 2024, the start could initially only apply to new buildings. More time could be allowed for the old building stock.
There is also probably more freedom in the approved heating systems, for example in the further use of wood or wood pellets. Especially with regard to the cities, where the development is dense, Habeck wants to give greater importance to district heating. For difficult constellations, Habeck wants to expand subsidies and exemptions from the obligation to switch to heating and be "more generous".
The traffic light coalition is still a few steps away from an agreement on Habeck's heating law. However, the fact that she wants to wave through the law before the summer break points to a positive development. (bohy)
