In France, the BACS decree, a transposition of a European directive updated in 2018, has been in effect for nearly 4 years. Germany published the equivalent of the tertiary decree on January 1, 2024: the GEG (Gebäudeenergiegesetz). It contains the same requirement as the BACS decree, namely the installation of an energy management system for buildings (BACS) according to a specific standard (which is not our NF standard).

Overview of the topic ⤵️

A European Obligation Above All 🇪🇺

We tend to forget, but the BACS decree is only a transposition of the European directive 2012/27/EU on energy efficiency (amended by Directive (EU) 2018/2002).

This means that all European Union countries must transpose, in one form or another, this obligation to install a building energy management system.

I say “in one form or another” because this directive was initially adopted to establish a common framework of measures to promote energy efficiency in the EU, with the broader goal of reducing primary energy consumption by 32.5% by 2030.

On October 25, this directive will be replaced by the new Directive 2023/1791 as part of the “Fit for 55” package. The directive will be even more binding, aiming to align EU energy and climate policies with the overall target of reducing greenhouse gas emissions by 55% by 2030 (previously 40%).

So we must prepare for the Europeanization of the building energy management market. Every country will make this system mandatory by 2030, in one form or another, with more or fewer subsidies.

With the European context explained, let’s return to Germany. How is Germany transposing this European directive and what obligations are there regarding BACS?

The Key Regulation: GEG (Gebäudeenergiegesetz)

What is Germany’s transposition? The equivalent of the tertiary decree is called the “Gebäudeenergiegesetz (GEG)” (translation = Building Energy Act). This law combines and replaces several previous regulations, such as the Energieeinsparverordnung (EnEV), Energieeinsparungsgesetz (EnEG), and Erneuerbare-Energien-Wärmegesetz (EEWärmeG).

Main Requirements

1. Energy performance standards: The GEG imposes strict standards for the energy performance of new buildings and renovations of existing ones.
2. Heating and cooling systems: It requires that new heating and cooling systems increasingly rely on renewable energy sources. Since January 2024, all new heating installations must use at least 65% renewable energy.
3. Building automation: For large non-residential buildings (nominal power > 290 kW), the installation of building automation systems (BACS) to optimize energy management is mandatory by January 1, 2025.
4. Mandatory renovations: The law includes renovation requirements to improve energy efficiency, such as roof insulation and the installation of room-by-room heating control devices.

Objectives

• Carbon neutrality: Contribute to achieving Germany's carbon neutrality goals by 2045.
• Emission reductions: Reduce CO2 emissions in the building sector by increasing the use of renewable energy and improving overall building energy efficiency.

Beyond these general objectives of reducing building consumption, what interests us are precisely these paragraphs ⤵️

• § 71a: Imposes building automation systems for energy management. Large non-residential buildings (nominal power > 290 kW) must be equipped with an energy management system or equivalent measures.

This is the German counterpart of the BACS decree, where we find the same thresholds and conditions leading to the installation of an energy management system for buildings. What is less fun in Germany is that this obligation was only published 6 months ago, with compliance required by January 1, 2025, for buildings with HVAC power > 290 kW. The timing is crazy, but hey, why not, let's go for it.

• § 74: Details equivalent measures and acceptable alternatives if a complete automation system is not installed (Gesetze im Internet) (Gesetze im Internet) (Buzer).

Experts on exceptions will spare many company management teams from fainting when they discover the cost of compliance.

In which cases can a German company be exempt from installing an EMS?

1. Equivalent equipment and energy performance management A non-residential building may be exempt if it is equipped with a building automation and control system (BACS) compliant with paragraph 5 of Article 71a of the GEG. These systems must be capable of monitoring and managing the building's energy systems to optimize their performance. In short, it is already equipped with an EMS of automation level > B according to the DIN standard.
2. Energy performance contracts If the HVAC system of the building is covered by an energy performance contract (EPC), the obligation may be waived. EPCs guarantee a specific level of energy performance and often include continuous energy optimization measures.
3. Operation by an energy supplier Buildings whose air conditioning or ventilation systems are operated by an energy service company or energy supplier may be exempt, provided these systems are subject to systematic energy efficiency monitoring measures. This often includes practices such as preventive maintenance and optimization of energy systems to ensure efficient performance.
4. Electronic monitoring systems Buildings equipped with continuous electronic monitoring systems that measure the efficiency of technical systems and alert owners or managers in case of significant efficiency degradation may be exempt. These systems must include control features to ensure optimal energy production, distribution, storage, and usage.

Specific examples

• Paragraphs 1 and 2 of Article 74 : (1) Buildings must undergo periodic energy inspections unless they meet the exemption conditions. (2) Buildings with similar installations of type and power may undergo sampling inspections under certain conditions (Gesetze im Internet) (Buzer).

As you can understand, the spirit of the GEG is to impose regulation on buildings that have no control over the consumption of their heating, air conditioning, ventilation, etc.

Now, let's look at the specific standards that guide the design of energy management systems in Germany.

The reference standard: DIN V 18599-11:2018-09

Another point similar to the French context is that the main regulation refers to flexible law to detail what a building energy management system (EMS) should legally be. This would be the equivalent of the NF EN ISO 52120-1: 2022 standard in France.

The GEG (Gebäudeenergiegesetz) imposes a level of automation (this point is important) but does not define energy performance classes for the building after the system's installation. In other words, it does not include criteria related solely to the building's HVAC equipment like in the NF standard (if not modifiable 0-100% = class C).

Brief description of these different levels ⤵️

• Level A - High Automation
• Level B - Intermediate Automation
• Level C - Basic Automation
• Level D - Limited Automation

In addition, there are various local programs in different regions (Landers) of the country.

In summary

The Gebäudeenergiegesetz (GEG), the German equivalent of the tertiary decree in France, is part of the European Directive 2012/27/EU on energy efficiency, amended by Directive (EU) 2018/2002, and soon to be replaced by Directive 2023/1791. This legislation aims to improve the energy efficiency of buildings in Germany by imposing strict standards for new constructions and renovations, as well as the integration of energy management systems for large non-residential buildings.

The main requirements of the GEG include the increased use of renewable energies, mandatory renovations to improve energy efficiency, and the installation of building automation and control systems (BACS) for buildings with a power greater than 290 kW. These measures contribute to Germany's goal of achieving carbon neutrality by 2045 and significantly reducing CO2 emissions.

Exceptions are made for certain buildings, especially those already equipped with compliant energy management systems, covered by energy performance contracts, or operated by energy suppliers with monitoring measures. To support this transition, several financial aids are available, such as the Bundesförderung für effiziente Gebäude (BEG) program, KfW Bank financing programs, and BAFA grants.

In conclusion, the GEG represents a key step in Germany's effort to align its energy policies with European goals, with similarities to the French obligations. It is a very interesting market for us French companies.