Germany's new heating law faces constitutional doubts and subsidy cut debate

A scientific services report for the Bundestag says the planned heating law, part of the new Building Modernisation Act, raises constitutional concerns. It questions whether shifting emission‑reduction obligations to the future violates Article 20a of the German Basic Law. Green MP Michael Kellner called the law “constitutionally doubtful,” and the Left faction said it may seek an urgent court challenge.

The reform would drop the current 65 % renewable‑energy share requirement for new heating systems and remove the 2045 ban on fossil‑fuel boilers. The government also plans to adjust heating‑subsidy rules, potentially limiting state grants to households earning less than €90,000 a year and moving support for higher‑income owners to tax deductions. Industry groups warn that such changes could spur a shift back to fossil fuels and harm European heat‑pump manufacturers.

Environmental organisations and opposition parties argue the new law could create a “goal gap” for emissions reductions, contravening the court‑mandated climate protection duties.