Solar obligation in BaWü – Baden-Württemberg – BW

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Published on: March 14, 2021 / update from: September 6, 2022 - Author: Konrad Wolfenstein

According to Section 8 of the Climate Protection Act in Baden-Württemberg, there is a general obligation to protect the climate. Everyone should contribute to the realization of climate protection goals according to their ability, in particular through energy saving, efficient provision, conversion, use and storage of energy and use of renewable energies.

Solar system or photovoltaic systems mandatory in Baden-Württemberg – Image: Xpert.Digital & Butusova Elena|Shutterstock.com

The general understanding of the goals of climate protection must be promoted using appropriate means. The state, municipal and private education, training and information providers should, as far as possible, provide information about the causes and significance of climate change as well as the tasks of climate protection and promote awareness of the economical use of energy.

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Solar carport mandatory for new parking spaces in Baden-Württemberg, private and company parking spaces, etc.

The gradual introduction of compulsory solar energy in Baden-Württemberg

From January 1, 2022, for new construction of non-residential buildings and for new construction of parking spaces with 35 spaces or more
From May 1, 2022 for new residential buildings
From January 1st, 2023 for basic roof renovations

Does the solar obligation apply in Baden-Württemberg from 35 or 75 parking spaces?

Following a change in the law on October 15, 2021, the solar requirement for open parking spaces was reduced from 75 to 35. This means that the solar obligation for open parking spaces applies in Baden-Württemberg from 35 parking spaces.

Solar compulsory or photovoltaic systems compulsory for new construction of non-residential buildings

What are non-residential buildings?

Non-residential buildings include a large number of enclosed spaces in which more than half of the total usable space is used for non-residential purposes. The usable area is defined in DIN 277. The DIN standard DIN 277 is used to determine the base areas and volumes of buildings or parts of buildings in building construction. The area calculation according to this standard is, among other things, the basis for calculating the fees for the building permit, which is why an area calculation according to DIN 277 is available for almost every building.

On the other hand, residential buildings are buildings that, according to their intended purpose, are primarily used for living, including residential, retirement and nursing homes and similar facilities.

Non-residential buildings are:

Administration and office buildings
Factory halls, workshop buildings, warehouses, logistics centers, commercial buildings or similar
Parking garages
Hotels, restaurants, cinemas, etc
School and university buildings, museums, theaters, sports halls, etc
Energy, waste and water management buildings
Agricultural farm buildings
Institutional buildings such as hospitals, nursing homes, correctional facilities, etc

What are the conditions for a photovoltaic system?

Section 8a imposes an obligation to install photovoltaic systems on roof surfaces. When building new non-residential buildings, a photovoltaic system to generate electricity must be installed on the roof area suitable for solar use if the application for a building permit is received by the responsible building law authority from January 1, 2022 or if the complete building documents are received by the municipality in the notification procedure from this point onwards.

Buildings in which the residential portion exceeds 5 percent of the floor area are exempt from this obligation. The floor area is a term from building and planning law. The floor area is included in the measure of structural use, which determines the degree of structural use of properties in development plans based on the number of floor areas, the number of floor areas and the number of building masses. The floor area number indicates the maximum ratio of the total floor area of all full floors of the proposed development on a property to the area of the building plot. The floor area is determined based on the external dimensions of the building on all floors.

As proof of an exception or fulfillment of the obligation, a written confirmation from the Federal Network Agency regarding registration in the market master data register must be presented to the responsible building law authority.

Alternatively, a photovoltaic system to generate electricity can also be installed on other external surfaces of the building or in its immediate surroundings and the proportion of area used can be counted towards the fulfillment of the obligation.

It is also interesting that a suitable area can also be leased to a third party.

Are there exceptions to the requirement to have a solar system on non-residential buildings?

The responsible building law authority can request an exemption from this obligation if this could only be fulfilled with disproportionately high economic effort.

The obligation also no longer applies if its fulfillment contradicts other public law obligations.

If there is a public law obligation to green roofs, this obligation must be brought into line with the fulfillment of the obligation as best as possible in consultation with the responsible building law authority.

Where is the responsible building law authority?

Depending on the location in which the construction project is located, the responsible building law authority is the municipality/city administration or the district office.

With Xpert.Solar we offer consulting services for companies that are planning a photovoltaic system for a flat or pitched roof - even without roof penetration!

: Warehouses, production halls and industrial halls with their own power source from a photovoltaic roof system - Image: NavinTar|Shutterstock.com

: Industrial plant with its own power source from an outdoor photovoltaic system - Image: Peteri|Shutterstock.com

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