Germany's New Building Modernization Law Allows Oil and Gas Heaters Amid Legal Debate

On 13 May 2026 the German cabinet approved a draft building modernization law (GModG) intended to replace the current Building Energy Act. The bill seeks to simplify regulations, broaden technology openness, and align national rules with EU climate targets while emphasizing practical implementation, market mechanisms and CO₂ pricing.

A key provision would permit the installation of new oil and gas heating systems under certain conditions, effectively removing the ban on fossil‑fuel heaters after 2045. Legal scholars warn that this could clash with Germany’s constitutional duty to protect future generations and with EU obligations to cut emissions by 90 % by 2040. The environmental group DUH is preparing a lawsuit, and several experts question whether the law provides enough incentives to ensure real climate‑neutrality.

Stakeholders stress that the law’s success depends on adequate planning capacity, clear long‑term frameworks and coordination among federal, state and local authorities, as well as reliable access to renewable energy supplies for heating.