Klimaschutz, Bestandsschutz, Vertrauensschutz. Grenzen der Sanierungspflicht für bestehende Gebäude

Abstract

Constitutional Limits of Refurbishment Duties for Existing Buildings

An effective climate protection requires the reduction of carbon dioxide emissions and thus of energy consumption. One possible way to reach this target is to improve energy efficiency, especially in buildings, the heating of which causes almost one third of the total energy consumption in Germany. Legal obligations to refurbish energy-inefficient houses may collide with a right of the owners to conserve the status quo. Whereas such a right is sometimes considered to be of constitutional rank, this article shows that it results in fact from the interaction of different provisions in statutory law. The constitution, however, requires statutory law to respect the principle of proportionality and to protect legitimate expectations. The author explains the consequences of these two requirements in the context of obligations to refurbish energy-inefficient houses. He finds that such obligations have to be limited to cases in which substantial energy savings can be expected, the cost does not overburden the property owner and can be redeemed through energy savings. The article concludes that the current statutory law is in accordance with the constitutional requirements, and that under certain circumstances further obligations to increase energy efficiency in buildings could be established.