Solar compulsory in Hamburg, for new buildings as well as existing buildings

Published on: March 21, 2021 / Update from: July 13, 2021 - Author: Konrad Wolfenstein

From January 1, 2023, all new buildings in Hamburg, both commercial and private, must be equipped with a photovoltaic system. This also applies to existing buildings if the roof needs to be renovated. The legal regulation will apply here from January 1, 2025.

The Hamburg Climate Protection Act came into force on February 20, 2020. One of the two most important new requirements that directly affects Hamburg residents is the obligation to install photovoltaic systems on Hamburg's roofs (“PV obligation”). The details of this new measure are described in an implementation ordinance drawn up by the Senate (government), which will come into force for the first time on January 1, 2021.

On December 22, 2020, the Hamburg Senate passed this first legal regulation on the Climate Protection Act. The climate plan was also passed along with the Climate Protection Act. This includes more than 400 individual measures and is one of the city's most important climate and economic projects.

The first legal regulation regulates the concrete implementation of the solar roof requirement (implementation regulation) and the integration of renewable energies when replacing heating systems. With these regulations, Hamburg is one of the national pioneers in climate protection in the building sector.

• Hamburg Climate Protection Act Implementation Ordinance PDF
• Hamburg Climate Protection Act
• Hamburg climate plan PDF

Enormous potential for solar energy in Hamburg

“Hamburg’s roofs offer enormous potential for expanding solar energy. Especially in densely built-up urban areas, it is important to use suitable areas, ideally multiple times,” says Jens Kerstan, Senator for the Environment and Energy in Hamburg. He leads the expanded authority for the environment, climate, energy and agriculture (BUKEA).

Since 2012, Kerstan has been committed to public energy supply and supported the popular initiative “Our Hamburg – Our Network”. Kerstan's and the people of Hamburg's demand for remunicipalization was implemented in a referendum on September 22, 2013.

During his term of office, Kerstan was responsible, among other things, for the remunicipalization of the energy networks and the realignment of Hamburg's energy policy.

Photovoltaic technology has become increasingly efficient and economical in recent decades. It is solid and stable so that it can also be used in more demanding construction projects.

The Authority for the Environment, Climate, Energy and Agriculture (BUKEA) estimates the possible savings through the solar obligation to be 60,000 tons of CO2 by 2030.

The Hamburg Climate Plan, the Climate Protection Act and the climate goals

The Hamburg Climate Plan sets the climate targets for 2030 and 2050 and describes a strategy and measures that should lead Hamburg to a 55% reduction in CO2 emissions by 2030. Climate neutrality should be achieved by 2050.

The Climate Protection Act stipulates, among other things, an obligation to install photovoltaic systems on Hamburg's roofs in new buildings from 2023. For existing buildings in which the roof membrane is completely renewed, the obligation will apply from 2025.

This applies to both residential and non-residential buildings. The requirement is that the building has a gross roof area of ​​at least 50 square meters. The orientation of the roof doesn't matter. There are also no specifications for the size of the solar system.

However, here too, such as B. Exceptions possible in Baden-Württemberg. Be it that the photovoltaic system to be installed is not profitable and is therefore uneconomical to operate or that too many structures are necessary that there is no longer any space for the solar modules.

The builder or building owner must provide proof of compliance with the solar obligation to the responsible authority within twelve months of completion of the construction or renovation. If he cannot do this, he must provide proof that fulfilling the solar obligation is technically or economically impossible.

Individual provisions of the Climate Protection Act, such as the obligation to set up a photovoltaic system, are specified by the Senate in the implementing regulations.

No solar carport requirement for open parking spaces in Hamburg

An obligation to install PV systems in open parking spaces such as B. in Baden-Württemberg or Schleswig-Holstein is currently not the focus in Hamburg.

Suitable for:

• Solar carport mandatory for new parking spaces in Baden-Württemberg, private and company parking spaces, etc
• The solar requirement for carports in Schleswig-Holstein is coming!

• More green electricity from solar carports – Which solar carport system is best suited?

What are the most important points for the solar obligation in Hamburg?

Section 1 of the Implementation Ordinance describes the scope of application of the photovoltaic requirement. The scope of this regulation includes all buildings with a gross roof area of ​​at least 50 m².

What are the exceptions?

• New buildings whose expected useful life is less than 20 years depending on their purpose and design.
• Existing buildings whose expected remaining useful life is less than 20 years.
• In buildings where the prevention of accidents or the limitation of the effects of accidents is made more difficult by photovoltaic systems.
• Underground structures
• Underglass systems and culture rooms for growing, propagating and selling plants.
• Air domes and tents.
• Buildings intended to be repeatedly erected and dismantled.
• For buildings with construction starting before January 2nd, 2023, for which roof cladding replacement will begin after January 1st, 2025.
• The roof of a building consists exclusively of roof surfaces that are unsuitable for the construction of photovoltaic systems.
• There is insufficient stability of the part of the building supporting the respective roof area to accommodate the additional loads from the photovoltaic system.
• If no suitable solar installation area can be provided for buildings with construction starting after January 1, 2023.
  • Roof areas where no suitable solar installation area can be provided.
  • Roof surfaces covered with thatch, straw or wood.
  • Roof surfaces covered with translucent glass
• Further points are regulated under §4 Discontinuation of obligations. Section 5 regulates the proof if the obligations are no longer applicable.

Where and when does proof have to be provided?

The details are regulated in Section 3 of the verification procedure. After completion of the construction project or roof renovation, the responsible authority must be informed within 12 months.

Where and who is the responsible authority?

It is the Office for Energy and Climate of the Authority for the Environment, Climate, Energy and Agriculture (BUKEA).

The BUKEA is one of eleven specialist authorities of the Senate of the Free and Hanseatic City of Hamburg. It corresponds to a ministry in regional states and is responsible for the environmental and energy policy and, since 2020, for the agricultural policy of the Hanseatic city.

Since January 2019, BUKEA has been divided into five offices (comparable to departments in other state ministries):

• Central tasks, law and investments (ZR)
• Water, wastewater and geology (W)
• Nature conservation, green planning and soil protection (N)
• Immission control and waste management (I)
• Energy and climate (E)

Since July 2013, BUKEA's headquarters have been at Neuenfelder Straße 19 in 21109 Hamburg-Wilhelmsburg.

🢂 We will keep you updated here about further developments in Hamburg!

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