Cooling down the heating debate? Learnings from the transformation of the German “Heating Law” to the Building Modernisation Act

Peer-reviewed paper 3-031-26

The article examines the transformation of the German Building Energy Act (GEG)—particularly its reform known as the ‘Heating Law’—into the German Building Modernisation Act. It outlines the relevant national and European legal framework and reconstructs the timeline of the relevant legislative process. The article analyses the proposed amendments to the GEG and assesses their compatibility with key provisions of European law (Climate Law, Effort Sharing Regulation, EPBD, RED III) and German constitutional law (Art. 20a GG). It argues that if implemented without additional measures, the proposed changes are likely to conflict with both EU and constitutional requirements. The article concludes by drawing lessons from the policy process.