Legal enforcement to the Energy Saving Ordinance
The legal enforcement of the Energy Saving Ordinance is within the responsibility of the federal states (“Bundesländer”). These can enact independently specific regulations for the implementation and enforcement of the requirements of the Energy Saving Ordinance.
Generally, there is no obligation for the federal states to determine such regulations. The requirements of the Energy Saving Ordinance are valid no matter if the federal states have enacted regulations for the implementation or not.
The existing regulations of the federal states are different concerning depth and content. They regulate for example:
- Responsibility for exceptions and exonerations
- The formal issues concerning proof of compliance and energy certificates (new buildings, retrofitting)
- The control of retrofitting requirements and other requirements
- Procedure and responsibility in cases of misdemeanour
- The usage of building products and systems
In course of the general responsibility for legal enforcement, the respective upper authorities of the federal states are also in charge of supervision of the locally responsible entities. The Federal Government has no influence on the legal enforcement in detail.