EnSikuMaV and EnSimiMaV – Everything you need to know about the upcoming energy-saving regulations

From September 1, 2022 and October 1, 2022, new energy-saving regulations came into force for landlords and property managers, which entail a number of important obligations. Read this article to find out what you need to do now and how you as a landlord or property manager can comply with these new regulations correctly.

In recent weeks, the Federal Cabinet passed two new ordinances with the adventurous abbreviations “EnSikuMaV” and “EnSimiMaV”, each of which stands for energy supply security measures and advocates both short-term and medium-term solutions.

The Short-Term Energy Supply Security Measures Ordinance came into force on September 1, 2022 and will remain in force up to and including February 28, 2023. The aim of this new regulation is to establish energy-saving measures for the entire heating period, naturally due to the still high gas prices and the ongoing energy shortage. The measures also include some obligations:

• Tenants are no longer obliged to heat their apartment to a minimum temperature
• Landlords, on the other hand, are obliged to inform their tenants about energy consumption, energy costs and potential savings
• With immediate effect, private pools may no longer be heated with gas or electricity from the power grid

Concrete measures to save energy – in the short or medium term?

Even if the tenancy agreement contains a clause that provides for heating to a minimum temperature, tenants do not have to comply with this requirement in the period from September 1 to February 28, 2023. Tenants are free not to heat at all or to heat significantly less. However, it is important to ensure that they still heat in such a way that no damage is caused to the property. Gas and heat suppliers must also provide tenants with comprehensive information on energy consumption, costs and potential savings – this includes current developments as well as future price increases. Landlords or property managers are also obliged to pass this information on to tenants. This regulation is extended to large residential buildings with at least ten residential units: tenants in such large residential buildings are entitled to the information mentioned, but tailored to their specific housing situation.

The EnSimiMaV is geared towards medium-term measures and therefore has a significantly longer period of effect than the EnSikuMaV – namely two years. It came into force on October 1, 2022 and is valid up to and including September 30, 2024.

The heating check: necessary at regular intervals

This regulation focuses on the heating check, which must be carried out by landlords during this period. The aim is to check the energy efficiency of the heating system or to optimize it accordingly – e.g. if insulation of pipes is necessary. If the inspection reveals any defects, these must be rectified immediately. The regulation also makes it mandatory for landlords and property managers to carry out hydraulic balancing in the period from the time the property is rented out or by a contracted company until September 30, 2024 – provided it is a residential building with at least ten residential units. Residential buildings with six or more residential units can carry out hydronic balancing by September 15, 2024.

Other regularly required measures are:

• Lowering the flow temperature or optimizing the heating curve in the event of grossly incorrect settings
• The activation of night setback and night shutdown as well as other shutdowns (e.g. vacation periods etc.)
• The optimization of circulation operation
• Lowering the hot water temperature and the heating limit temperature to reduce the heating period
• Comprehensively informing building owners or users about further energy-saving measures

Further innovations for companies

In addition to the points already mentioned, which are particularly important for landlords and landladies of private properties, the ordinances also contain further supplementary measures for public institutions and companies.

Regulation to secure the energy supply through short-term measures

The ordinance calls for the following points in order to secure the energy supply through measures that are effective in the short term:

• Rooms in public non-residential buildings in which people do not regularly spend time should generally no longer be heated.
• The maximum air temperature limit in public non-residential buildings may not temporarily exceed 19 degrees in offices.
• In public non-residential buildings, decentralized drinking water heating systems must be switched off if their operation is primarily intended for hand washing.
• The lighting of buildings or monuments from the outside is prohibited. However, security and emergency lighting are exceptions.
• In heated retail premises, it is prohibited to keep store doors and entrance systems permanently open if heat is lost in the process.
• The operation of illuminated advertising systems is prohibited from 10 p.m. to 4 p.m. the following day.
• For workrooms in workplaces, the specified maximum values for the air temperature apply as minimum temperature values.

However, the measures for reduced heating, reduced room temperature and switching off the drinking water heating system do not apply to medical facilities, facilities for the disabled, care facilities, schools or day-care centers.

Regulation to secure the energy supply through effective medium-term measures

The ordinance to guarantee the energy supply also stipulates the following: from October 1, companies with an average energy consumption of over 10 gigawatt hours per year in the last three years are obliged to implement economic energy efficiency measures. This regulation applies to companies that have already analyzed their consumption and potential savings in accordance with the requirements of the Energy Services Act.

Above all, the transparency of energy consumption data and its savings potential, which landlords and property managers must communicate to tenants, is becoming increasingly important. Recording consumption data and communicating it requires solid digitalization strategies and a high degree of flexibility.

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