According to a consolidated jurisprudence from the German superior courts, the completed project should correspond to the general technical regulations applicable at that time. The real estate agent or company will assume the risk of possible technical modifications that may occur between the execution of the contract and the completion of the project. Logically this requirement applies to the energy requirements of the building. For this reason, the constructor must ensure that the most up to date regulations are applied.
In the case where the project is received by a developer during 2009 or later, once the construction is started and built according to the previous law in force, the constructor should clearly indicate that the building does not conform to the new regulations. For this reason the contract should mention, in a clear manner, the non-application of the strictest energy requirements pursuant to the recent regulation of energy savings as well as the thermal renewable energy law previously referred to.
For further information, please contact Tilman Scheffczyk: firstname.lastname@example.org