The end for gas heating: Renewable Heat Act under review

Jun 24, 2022 Benn-Ibler Rechtsanwälte

The Ministry of Climate Protection (Klimaschutzministerium, BMK) has submitted the draft of the Renewable Heat Act (Erneuerbare-Wärme-Gesetz, EWG) for review. It is intended to initiate the phase-out of fossil-fuel heating systems.

In new buildings, the installation of heating systems using coal, oil, fossil liquefied petroleum gas (propane, propene, butane, butene) or natural gas is to be banned as of 01.01.2023. However, natural gas systems may be installed if a permit was applied for and granted before 01.01.2023 in accordance with the federal or provincial regulations in force until then (in particular building permits) and has not yet expired (Section 5 EWG).

Different rules apply to the removal of fossil heating systems from existing buildings:

Central and decentralised heating systems using coal, oil and fossil liquefied petroleum gas (LPG) are subject to a general decommissioning requirement. Such systems must be decommissioned by 01.07.2035 at the latest. For natural gas heating systems, the deadline is 01.07.2040.

A renewability requirement applies if an existing installation is replaced by a new one, if another installation is added or if a significant part of the installation is changed. In this case, the heating systems must be renewed, improved and refurbished in such a way that they can be operated exclusively with renewable energy or quality-assured remote heating. Oil, coal and LPG heating systems may no longer be replaced by fossil fuel heating systems from 01.01.2023. This does not apply if the corresponding legal transactions were demonstrably concluded before the end of 01.01.2023. Exceptions exist, on the one hand, if the switch is unreasonable (see reasonableness test (Zumutbarkeitsprüfung) according to Annex I (available in German)) and in the case of a technical emergency (Sec. 8 EWG).

Old oil, coal and LPG heating systems are to be decommissioned in stages from 01.01.2025. The specific decommissioning date is specified in Annex II (in German) depending on the year of construction of the installation. There are also exceptions here (Sec. 10 EWG).

There is a conversion requirement for buildings with decentralised systems. These must be converted to central heating by 2040 at the latest.

From 01.01.2023, the first commissioning of an installation or a substantially modified installation must also be reported to the authorities. This also applies to decommissioning.

212/ME – XXVII. GP