Is it mandatory to build according to the Energy Saving Ordinance (2009)?

We built our first house in 1997, at that time we installed a [GasBrennwertTherme], built with Ytong, windows double-glazed, otherwise normal insulation under the roof, living area approx. 180 sqm. We never had a problem regarding ventilation or damp walls, never a problem with the heating until today and use about 15000 kWh gas/year. Since the kids have been out of the house for years, we decided to sell our house and build a new one again in bungalow style, meaning everything on one level. Apart from the enormously increased construction costs since 1997, we are also dealing with the question of [Energieeinsparverordnung]. We plan to have a house built in timber frame construction by the local carpentry business. We have had our desired floor plan for a long time and struggle with all this [Energieeinsparverordnung] nonsense. What is written in this regulation must have been decided by drug addicts. Yesterday, there was even an article on the T-Online site stating that the KfW is withholding alleged studies proving that the KfW standards are disproportionate to the enormous investment costs and are actually uneconomical. We've held this opinion for a long time. We would like to install just a gas condensing boiler again with a stove, plus a controlled residential ventilation system with heat recovery. My builder says that is not possible, there must be at least a solar system in addition, otherwise we do not meet the requirements of the [Energieeinsparverordnung]. Okay, maybe. But do you actually have to build according to this [Energieeinsparverordnung]? Who controls that? The local building authority? – we even asked about this, answer from the head of the building authority: He doesn’t know the regulation, it doesn’t exist, and anyway no one can be forced to do something like that, that would be like in communism (... correct and well recognized:cool. So what is/what actually happens if you don’t build according to the [Energieeinsparverordnung]? Many thanks in advance for your answers.

The Energy Saving Ordinance is a law that must be followed. How much one wants to exceed it is up to each individual. But there are prescribed energy values that may not be exceeded in new buildings. This will be proven with the "Energiepass".

Hello Surfcamper!
this is how we also want to build, so gas condensing boiler, controlled residential ventilation with heat recovery, but no solar etc. We are building solidly, but that should not make a difference. If you insulate 15% better than required by the Energy Saving Ordinance, then you don’t need solar. With our building project that would work and that’s how we want to do it.
Best regards Mecc

Hello Mecc, yes exactly, with 15% more insulation than required by the Energieeinsparverordnung it should work. Theoretically, we should be able to manage that quite easily with the construction method, because we have planned 40 cm walls/insulation. The previous approach of our developer was KFW 55 or below, but we have now given that up. Who needs that, if we orient ourselves to Kfw 70 it’s also okay and we will probably manage with the insulation and without solar. The stupid KfW subsidy doesn’t matter to us, the low interest rate for the financing does make sense, but you can probably get that with KfW 70 as well.

Yesterday there was even an article on the T-Online website about how KfW allegedly keeps studies under lock and key which prove that the KfW standards are disproportionate to the enormous investment costs and are actually uneconomical. We have held this opinion for a long time.

Regulation is regulation, just look at the definition!
That the investments are much higher than the economic benefit is obvious, but none of us know what the costs might look like if energy resources become scarcer.*
In order to avoid shortages in the future, the energy regulation will be adjusted accordingly, for the common good, not for an individual opinion of us consumers who have to invest heavily in order to meet the standard.
As far as I know, there is already the Energy Saving Ordinance 2013, which probably starts to apply in 2014 (feel free to correct me if I’m wrong).
We could also have done without solar, instead installing higher insulation, but that would not have made any difference in terms of cost.
Personally, I think it’s okay if we are "forced" to use natural energy. There are enough egoists in everyday life who only live in the here and now and for themselves. One should also engage with the entire ecosystem.
*Maybe one day we will be grateful

@ypg
It's not about individual opinions or about not wanting to build energy-conscious and/or not wanting to minimize heating and energy costs. It's about the principle of "coercion" and that the options of the regulation are nonsensical upon closer examination.
What is, for example, an air heat pump, WWP, or geothermal heat pump without additional heating supposed to do? The efficiency of such systems is laughable, and the price in relation to that is completely unhealthy. Those who have such a system without additional heating will surely love this winter , at cold temperatures the house will never become properly cozy warm and the resulting high electricity costs are not exactly energy-conscious, especially in the future when electricity prices continue to rise. See also the once so praised night storage heaters... the same topic.
It's about having the freedom to do it exactly like that, so that cost-benefit-environment are in a healthy balance and preferably autarkic without dependencies.
By the way: Do other EU countries actually have the same regulation, that would make sense too. Or are we Germans again the fools who strictly obey authorities and laws?