Does a controlled residential ventilation system with heat recovery count as heating?

We are building our house individually with an architect (without a developer or similar). We have planned a ventilation system with heat recovery. According to the purchase contract, we are obliged to connect to the local heating network (wood chip plant). Now we only have a problem with the energy operator, as he does not want to allow this system. Our contract literally states the following: ".undertakes..to connect to the biomass heating plant and to take all necessary heating energy for heating and hot water supply of the house to be built from there. Other heating of the property except with an open fireplace and/or tiled stove and/or solar energy is not permitted". The operator refers to the second part and that a controlled residential ventilation with heat recovery contributes to heating the building.

My questions are as follows:
Does a controlled residential ventilation with heat recovery count as heating?
Is the Energy Saving Ordinance with DIN 1946-6 to be rated higher than the concern of the private operator?
What could happen to me if I still install the system?

I will answer as a layperson: a controlled residential ventilation system does not heat, it only reduces consumption compared to window ventilation. According to what your supplier says, you should not improve the insulation of your house either, as that also reduces consumption! So in my opinion, nonsense! I would follow up with the building authority. Besides, you still need a heat generator!

Hello,

... Our contract literally states the following: ".commits.. to connect to the biomass heating plant and to take all necessary heating energy for heating and hot water supply of the residential building to be constructed from there. Any other heating of the property except with an open fireplace and/or tiled stove and/or solar energy is not permitted." The operator refers to the 2nd part and that a controlled residential ventilation with heat recovery contributes to heating the building.

My questions are as follows:
Does a controlled residential ventilation with heat recovery count as heating?

I am sure that if time allows, he will respond professionally. Meanwhile, something for clarification of terms:

A controlled residential ventilation (controlled residential ventilation) is used when very little air exchange with outside air occurs due to good sealing measures. This is combined with a heat exchanger for heat recovery (heat recovery), which in the cold season ensures that the warm air flowing out of the room heats the incoming outside air and thus as little heat energy as possible is extracted from the interior of the building.

The goal of your heat supplier is to connect you long-term to his distribution network with as high consumption values as possible. That he does not like heat recovery is inherent to the matter.

Is the Energy Saving Ordinance (Energieeinsparverordnung) assessed as superior to DIN 1946-6 than the concerns of the private operator?

They do not contradict each other, that should be your actual question.

What could happen to me if I install the system anyway?

A rather high fine and in the worst case an unpleasant court procedure, the basis of which would be the "deception" of a property while circumventing the contractual foundations?

Kind regards

...The goal of your heat supplier is to connect you to their distribution network with the highest possible consumption values in the long term. That they do not like heat recovery is inherent to the matter.

I agree. A controlled residential ventilation/heat recovery system is not a heating system, because it lacks the core component of a system: the heat generator!

Regardless, in the end what counts is what the supplier allows under their conditions.

Best regards

Thank you for this information, so far we have always only received answers that we are of course allowed to install this system. We have signed nothing other than the purchase agreement that explicitly states that we are not allowed to install a controlled residential ventilation system. Only the paragraph regarding heating. SO if controlled residential ventilation does not fall under the term heating, then the operator could also forbid me insulation because of the revenue, or is that a different matter?!

Hello!
Your contract clearly states what you are allowed to do and what you are not. It only concerns heating. You did not sign a ban on saving energy, just as they cannot forbid you from "keeping" the (already purchased from them!) heat through a controlled residential ventilation system.

Don't let yourself be fooled, what comes next??? Ban on triple glazing??? Mandatory daily ventilation for 3 hours??? Forbidden to turn down the heating???

It has already been said that the ventilation system does not heat, so no one can forbid you. If they see it differently, they should take it to court and get a bloody nose.
But presumably they themselves know they are wrong, you can always try though ;-)