Exemption permit Energy Saving Regulation 2009
August 26, 2009 | 45,00 EUR | answered by Andreas Scholz
Is it possible to obtain an exemption permit for the issuance of energy certificates for non-residential buildings (NRB) through the building control authorities or the ministry (state/federal)?
Currently, I am authorized to issue certificates for residential buildings (RB).
If yes, what requirements (besides a degree) do I potentially need to prove and/or fulfill?
Dear questioner,
The issuance of energy certificates is regulated in the Energy Saving Ordinance. You do not necessarily need a degree. According to § 21 of the ordinance, the following is required:
"To issue energy certificates for existing buildings according to § 16 paragraph 2 and 3 and for modernization recommendations according to § 20, only the following are authorized:
1. Persons with a professional university degree in
a) the fields of architecture, civil engineering, civil engineering, technical building services, physics, building physics, mechanical engineering or electrical engineering, or
b) another technical or scientific field with a focus on one of the areas mentioned under letter a,
2. Persons in the sense of number 1 letter a in the field of architecture of the interior design field,
3. Persons who meet the requirements for entry in the craftsman's role for a trade requiring approval in the construction, finishing or plant technical sector or for the chimney sweep trade, as well as master craftsmen of the crafts not requiring approval in these areas and persons who are authorized to practice such a trade independently without a master title due to their education,
4. State-recognized or certified technicians, whose training also includes the assessment of the building envelope, the assessment of heating and hot water systems, or the assessment of ventilation and air conditioning systems,
5. Persons who are authorized according to building regulations of the federal states to sign technical evidence of thermal protection or energy savings in the construction of buildings, within the respective evidence authorization, if they, with the exception of the persons mentioned in number 5, meet at least one of the requirements mentioned in paragraph 2. The authorization to issue certificates according to sentence 1 numbers 2 to 4 in connection with paragraph 2 only refers to energy certificates for existing residential buildings, including modernization recommendations according to § 20. Sentence 2 applies accordingly to persons mentioned in sentence 1 number 1 who do not meet the requirements of paragraph 2 number 1 or 3, but whose further training meets the requirements of paragraph 2 number 2 letter b."
It is to be noted that if you do not have a university degree, you cannot examine non-residential buildings according to number 5. Only university graduates are authorized to issue certificates for non-residential buildings.
An exemption for you will be difficult to achieve. A hardship clause or transitional provision for examiners without a university degree is not provided for in the ordinance. For this reason, you have no way to obtain examiner status for non-residential buildings through the application process. The only viable option here would be to either write a petition to the Federal Government (as the ordinance giver under the Energy Saving Act) or to proceed against the ordinance as unconstitutional before the Federal Constitutional Court. Both paths are possible. The petition is less likely to succeed. A lawsuit before the Federal Constitutional Court is in any case complex. As for the prospects of success in this regard, a final statement cannot be made here.
I hope this information has been helpful to you. If you have any questions, please feel free to ask.
Sincerely,
Andreas Scholz, Attorney
