Environmental Action Germany (DUH) has announced plans to file a constitutional complaint against the recently passed Building Modernisation Act. The organization argues that the new legislation, which replaces the previous government's stricter heating rules, fails to meet Germany's binding climate targets and violates constitutional requirements regarding intergenerational equity. The law, which was recently published in the Federal Law Gazette, removes the previous mandate requiring new heating systems to be powered by at least 65 percent renewable energy, allowing for the continued installation of oil and gas boilers provided they meet future emissions-neutral fuel requirements.
Barbara Metz, the executive manager of DUH, stated that the organization intends to submit the complaint to the Federal Constitutional Court in September. The legal challenge centers on the assertion that the current law will not enable Germany to reach its goal of climate neutrality by 2045. By allowing the installation of fossil fuel-based heating systems well into the future, critics argue the government is effectively shifting the burden of emissions reduction onto younger generations, a practice the Constitutional Court previously cautioned against in a landmark 2021 ruling.
The Building Modernisation Act was championed by the current coalition government, which includes the Christian Democratic Union (CDU) and the Social Democrats (SPD). Proponents of the reform argue that it restores freedom of choice for homeowners and avoids the perceived overreach of the previous administration's policies. Under the new rules, heating systems must transition to emissions-neutral fuels, such as biomethane, with increasing quotas starting in 2029. However, DUH and other legal experts have questioned the feasibility and environmental impact of these requirements, suggesting they lack the necessary rigor to ensure a timely transition away from fossil fuels.
As the legal challenge moves forward, the practical impact remains a point of contention for households and the heating industry. While the government maintains that the law provides a realistic path to decarbonization, the upcoming court proceedings will likely focus on whether the legislative changes adequately protect the rights of future citizens. The outcome of this case could force the government to revisit its climate strategy for the building sector, potentially leading to further adjustments in how Germany manages its transition to sustainable heating.