Renovation obligation Building Energy Act - Continued use by seller

Hello everyone,

Today I am asking a question on behalf of another family member. The plan is to buy a single-family house, which, however, is supposed to continue being occupied only by the current owner after the purchase. For this, a lifelong right of residence is to be established. Now my question is how the obligation to carry out renovations applies in this case. As I understand it, this obligation still applies and would only not apply in the opposite case – that is, if I buy a house in which I have been living as a tenant for decades.

Or have I overlooked something?

Best regards!

In the draft from March it says:

§ 73 Exception (1) In the case of a residential building with no more than two apartments, one of which the owner himself occupied on February 1, 2002, the obligations according to § 71 and § 72 paragraphs 1 and 2 are only to be fulfilled by the new owner in the event of a change of ownership after February 1, 2002. (2) The period for fulfilling the obligation is two years from the first transfer of ownership after February 1, 2002.

Only the owner counts, not the user.