German environmental group to challenge heating law at constitutional court

The German environmental organization DUH is preparing to fight the nation's new heating law, announcing its intention to file a constitutional complaint with the Federal Constitutional Court. DUH's federal manager, Barbara Metz, stated that the organization's lawyer is drafting the complaint, aiming for submission in September.

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Now we know what this law finally looks like. Our lawyer Remo Klinger is now drafting the constitutional complaint. We will be ready to file it with the Federal Constitutional Court in September.

The "Gebäudemodernisierungsgesetz" (Building Modernization Act), officially named, has been published in the Federal Law Gazette. DUH criticizes the law's provisions, particularly the allowance of new oil and gas heating systems until 2044, a change from previous regulations that mandated a ban. Metz also raised concerns about the "green gas quota" for existing heating systems, which is set to begin in 2028 with an initial 1% requirement, though details remain unclear.

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The goal of climate neutrality by 2045 cannot be achieved with this law.

"The goal of climate neutrality by 2045 cannot be achieved with this law," Metz asserted. She highlighted that the law permits new gas and oil heating systems, provided they gradually incorporate CO2-neutral fuels like biomethane from 2029. However, she expressed doubts about the availability and cost of these biofuels, questioning the "biostair" mechanism and its long-term clarity. DUH also points out that tenants have no say in the technology installed in their buildings, leading to potentially unknown costs.

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Tenants have no say in the technology installed in their buildings. The law opens up the possibility of installing oil and gas heating systems again, with unknown costs that will fall on people.

The environmental group intends to invoke Article 20a of the German Basic Law, which mandates the state's protection of natural resources for future generations. DUH argues that failing to achieve climate neutrality in the building sector, a significant contributor to emissions, jeopardizes Germany's overall climate targets. The organization is optimistic that the Federal Constitutional Court will accept their complaint for review.

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If climate neutrality in the building sector is missed, the achievement of the overall goal is called into question, because the building sector is a key sector.