District heating statutes - application for exemption

Obligation to connect and use

According to the district heating statutes (§§ 3, 4), every owner of a property located in the district heating supply area has the right to connection to the district heating supply vis-à-vis the city, but also the obligation (§§ 5, 6) to obtain his entire heat demand for space heating, water heating and/or all other thermal uses from the district heating supply facilities, provided that the property is served by a district heating pipeline.

Properties built on with a single-family house (detached or as a semi-detached house) or a detached two-family house as well as refugee accommodation in non-fixed structures (e.g. containers) are generally excluded from the connection and use obligation. An application for exemption is not required in these cases.

Exemption possibilities

An exemption from the connection and use obligation can be granted if:

• emission-free heating systems are operated. Emission-free heating systems include, for example, solar thermal systems, geothermal systems or heat recovery systems.
• there are serious reasons why it is unreasonable to expect the property to be connected to the district heating system.

The application for exemption from the connection and use obligation must be submitted in writing by the property owner to the Environmental Protection Department using the form provided. In the case of new construction or conversion and renovation of a building, this must be done at the same time as the application for planning permission or approval under renovation law.

After the application has been examined, the property owner receives a decision in the form of a notice. An appeal against this decision can be lodged within one month.

The form "Application for exemption from the connection and use obligation" must be used for the application. Here, information on the property, the previous heat supply, the planned heat supply and the reason for exemption are required.