Construction and Performance Description - Contract including Energy Saving Ordinance 2014

Hello everyone,

we recently signed a construction contract that was acceptable to us. However, we are now somewhat uncertain about the point regarding the Energy Saving Ordinance in the construction and service description. The construction is to begin at the end of autumn 2016, with the building application and notification still pending.

Since 2016, new buildings must be carried out according to the new Energy Saving Ordinance 2014. In our construction contract / construction and service description signed in 2016, the following is stated:

Heading:
"Construction and service description - Kfw Efficiency House 70 (Energy Saving Ordinance 2014) as of 10.2015"

Furthermore:
"Overall construction execution is carried out in accordance with the respective current Energy Saving Ordinance of the Kfw 70 Efficiency House (Energy Saving Ordinance 2014 - without tightened requirements) standard, as well as the generally accepted rules of technology and relevant DIN and EN standards."

In individual subsections such as thermal insulation, it is repeatedly stated "according to Kfw 70 Efficiency House and 'Energy Saving Ordinance 2014'" in parentheses afterwards.

Would the construction thereby be secured according to the latest Energy Saving Ordinance 2014, or rather problematic due to the specified addition "Energy Saving Ordinance 2014 - without tightened requirements"? Actually, the contract would have been concluded in 2016 with conditions under which you cannot really build, right? Or am I misinterpreting this here?

Thank you very much for your answers!

Your provider must submit the building application according to the valid energy saving ordinance. Since the 2014 version is obsolete, you must build according to the 2016 version (since the building application was not already approved in 2015). Did you get the construction specification directly from the provider or is it a version from the web?

The construction service description from which the text above also originates was provided directly by the supplier and signed as such.

KFW70 back then and today's Energy Saving Ordinance standard are not that different.

Kfw70 is, as far as I know, the same as today's requirement?!
Something like that ... I wouldn't worry about it.

I think there are a few points where there are changes, someone had also explained this here in the forum. Personally, it would irritate me even more that a provider hasn't managed to adjust their construction service description after a good three quarters of a year.