Law on Energy Savings and the Use of Renewable Energies for Heating and Cooling in Buildings* (Building Energy Act)
§ 109 Obligation to Connect and Use
Municipalities and municipal associations may make use of a provision under state law, which authorizes them to establish a connection and usage obligation to a public district heating or cooling network, also for the purpose of climate and resource protection.
I ask for a moment of attention for a paragraph in the recently finally passed heating law. This paragraph will still play a major role for many. It will be lucrative for municipalities, especially to forcibly connect densely built new housing developments to district heating networks. Then it will mean dismantling the heat pump.
Prices for district heating have already risen drastically.
For example, in Baden-Württemberg, where the Climate Protection Act already prescribes heat plans, it was found "that various municipalities or the associated municipal utilities apply the instrument of the connection and usage obligation out of purely economic interest."
According to Ebisch, it could also happen that those who install a heat pump now later fall under a connection and usage obligation for district heating, especially if uncertainty persists for a long time due to municipal plans.
District heating providers lack competition and consumer protection. Their heat production, network operation, sales, and distribution mostly lie in one hand; and the – unlike gas and electricity – completely missing liberalization here leads to non-transparent pricing.
There is yet another risk for consumers: that municipalities secure their heat suppliers against their economic risk and prescribe a connection and usage obligation for potential customers. This is enabled by the heat planning law.