Legislation about transition from previous legal status
The Energy Saving Ordinance (EnEV) provides special regulations concerning the date for application of a certain state of legislation to projects.
- For a project concerning the construction, the alteration or the extension of buildings, the version of the EnEV valid on the day of application for building permit or the day of the official announcement of the project is applicable.
- For a building project not requiring approval but – according to regional building code – due for notice to the municipality, the version of the EnEV valid on the day of this notice is applicable.
- For other projects not requiring any approval, especially those without any foreseen procedures, the version of the EnEV valid on the day the works begin is applicable.
The aforementioned regulations itend to give the investor a planning reliability.
The investor is free to opt for the application of the more recent version of the EnEV as long as the authorities have not yet decided about the application or announcement for the project.
For the construction of small buildings with up to 50 m² useful floor area further requirements for new buildings are considered as fulfilled if all components of the shell meet the component requirements (otherwise valid for certain alterations) in Annex 3 EnEV (mainly: table 1). The same applies to prefabricated modules up to 50 m² useful floor area each, that are assembled to construct a (larger) building due for a time of use of not more than 5 years. The requirements to building services – if applicable – have to be met nevertheless.
Since in these cases the primary energy demand is not subject of requirements and calculations, an energy certificate is not due when the construction is finished.