The Lower Saxony State Parliament passed a law on November 9th mandating solar panels in the amendment to the Lower Saxony Building Code (NBauO). This obligation is stipulated in Section 32a of the amendment.
The solar obligation applies to those buildings that have a roof area of at least 50 m²; at least 50% of the roof area must be covered with photovoltaics/solar panels.
The solar obligation is coming in Lower Saxony – Image: Dziajda & Fit Ztudio|Shutterstock.com
The gradual introduction of mandatory solar panels in Lower Saxony
- From January 1, 2023, solar panels will be mandatory for new buildings with predominantly commercial use.
- From 1 January 2025 for new residential buildings
- From January 1, 2024, for all other new buildings
- The draft law does not stipulate a solar panel obligation for renovations.
- From January 1, 2023, this applies to the construction of any open parking lot or parking garage with more than 50 parking spaces for motor vehicles. Parking lots located directly alongside public roads and dedicated to public traffic are exempt from this requirement.
The path to mandatory solar panels in Lower Saxony
Lower Saxony is the second largest German state by area. However, it lags three times behind the leading state of Bavaria, which has an installed solar capacity of 3,930 megawatts peak (MWp). By comparison, Bavaria has 12,545 MWp. Even the smaller states of Baden-Württemberg and North Rhine-Westphalia have more installed capacity than Lower Saxony.
The solar panel mandate is intended to bring about the energy transition in Lower Saxony. On March 23, 2021, Olaf Lies, Lower Saxony's Minister for the Environment, Energy, Building and Climate Protection, announced the latest information and direction for the solar panel mandate.
This also affects the important seaports of Emden, Cuxhaven and Wilhelmshaven in Lower Saxony.
Background of the solar obligation
With just under 4 gigawatts (GW), Lower Saxony is far behind the required 65 GW needed to achieve net renewable energy supply by 2040. That means it's still almost 94% short!
How does Lower Saxony intend to achieve its goals with the solar panel mandate?
Lies Olaf (2012) , Provided by Olaf Lies, CC BY-SA 3.0
- 50 gigawatts are to be built on the roofs of commercial buildings.
- New buildings, predominantly for commercial use and with a roof area of at least 75 square meters.
- Future plans for new buildings must take into account the structural integrity and safety of a solar power system. The same applies to the construction of new residential buildings. The possibility of retrofitting a solar power system must be factored into the planning.
- At least 50% of the roof area should be used for a solar power system.
- In exceptional cases, the obligation does not apply.
We need an ambitious expansion of photovoltaics, says Environment Minister Lies. He sees the expansion of solar panels on commercial rooftops as the crucial factor for success. “Climate protection is one of the central challenges of our time. There isn't much time left to prevent irreversible tipping points in the climate system and thus avoid dramatic consequences for people and the environment,” Lies adds.
The Lower Saxony state parliament decides on implementation
In its 89th session on November 10, 2020, the Lower Saxony State Parliament resolved: Take to the rooftops for the climate! Shape the energy transition in a decentralized manner and utilize solar power.
The resolution states, among other things: “Solar energy enjoys broad public support because generating solar energy on existing roof space offers unbeatable advantages. Utilizing existing roof areas for energy production avoids the need for additional land use. Electricity and heat can be generated and used decentrally and close to the consumer. The costs for solar thermal and photovoltaic modules have fallen significantly in recent years. The electricity generated can be used to operate heat pumps for heating or cooling. Electric vehicles can be charged in an environmentally friendly way using the solar power generated, with the use of appropriate storage modules. In combination with battery and thermal storage systems, the self-consumption of the generated solar energy becomes significantly more efficient and flexible. This allows grid bottlenecks or feed-in peaks resulting from surplus generation to be buffered. The state parliament welcomes the advisory services offered by the Lower Saxony Climate Protection and Energy Agency, such as the ‘Solar Check,’ which advises homeowners on options for using solar energy, storage possibilities, and optimizing self-consumption.”
What are the main points in this decision?
Resolution of the Lower Saxony State Parliament of 10 November 2020 (PDF Download)
- To create incentives for the use of solar energy in both new and existing buildings.
- To launch an attractive solar storage funding program for municipalities and private individuals.
- To amend Lower Saxony's building law so that the installation and use of photovoltaic systems becomes mandatory when constructing large roof areas of commercial buildings.
- The aim of the new state spatial planning program is to create the framework conditions for suitable areas to be used for open-field solar (open-field installations, open-field installations, solar parks) or agricultural solar, with preference given to agriculturally unused areas and border locations.
- To provide information material on financing models and the tax treatment of solar projects, for example by developing a guide to leasing models for investors.
- Furthermore, the state parliament asks the state government to advocate at the federal level for the abolition of the EEG surcharge on self-consumed electricity from solar plants.
- To abolish the tendering requirement for rooftop solar installations.
Decision to implement a program of measures totaling over 1 billion euros
On November 25, 2020, the Lower Saxony state government adopted a comprehensive climate protection program with a financial volume of over 1 billion euros.
“The action program adopted today is the largest investment program for climate protection in Lower Saxony to date. With it, we in Lower Saxony are contributing to national and international climate protection goals. At the same time, our funding priorities will provide important impetus for the Lower Saxon economy. We want to demonstrate that climate protection can simultaneously be an engine for growth and innovation,” emphasized Environment Minister Olaf Lies. “Lower Saxony is Germany’s number one energy state, and Lower Saxony aims to become the number one climate protection state. With the action program adopted today, we are making a key contribution to this Lower Saxon climate path.”
Renewable Energy Initiative: A comprehensive funding program for battery storage is intended to massively accelerate the expansion of solar technology in Lower Saxony. At the same time, the framework conditions for the expansion of renewable energies in Lower Saxony are to be improved by removing regulatory obstacles and introducing a mandatory PV system on commercial roofs.
When will the solar panel mandate come into effect in Lower Saxony?
On Tuesday, the state government approved a draft law to amend the Lower Saxony Building Code, submitted by Construction and Energy Minister Olaf Lies. It has released the draft for public consultation. The planned changes to the Lower Saxony Building Code will also further simplify the building permit process.
If all goes well, the law is scheduled to come into force on January 1, 2022. This would then also apply to the seaports in Emden, Cuxhaven, and Wilhelmshaven.
🢂 We will keep you updated on further developments in Lower Saxony here!
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