EWA Issues Statement: Leisure Pools & Thermals Spas Do Not Have to Meet GEG Requirements
(eap) In 2024, the Building Energy Act (GEG) was amended in Germany to place greater emphasis on heating and the use of renewable energies. It continues to apply to buildings that are thermally conditioned and their building services (heating, hot water supply, cooling, ventilation and lighting technology). Technical equipment for production processes in buildings is not included. However, the amendments to the GEG through the so-called ‘Heating Act’ and the introduction of the Heat Planning Act (WPG) have raised a number of new legal demarcation issues that may also have far-reaching relevance for leisure pools and thermal baths in Germany. Until now, the question of whether the heating of water and air for the operation of thermal baths, saunas and indoor swimming pools can be classified as “production” in this sense has remained open.
The European Waterpark Association (EWA), the quality association for swimming pools and thermal baths in Europe, has now obtained a statement from the Federal Ministry for Economic Affairs and Energy (BMWE) regarding the GEG. As the BMWE’s response makes clear, indoor swimming pools are also covered by the so-called “production process exemption” and, accordingly, the heating of pools, swimming halls and saunas is not covered by the provisions of the GEG. This represents a considerable relief for swimming pool operators, according to the European association.
At the same time, however, the BMWE points out that the state authorities are primarily responsible for these issues and that they may also hold a different opinion from that of the ministry. It also remains unclear how to deal with so-called mixed-use systems, e.g. boilers that are used to heat a leisure pool facility but also heat the administrative premises at the same time. Or whether a proportional approach or a focus approach or de minimis limits apply here. For this reason, the EWA has commissioned an expert to seek clarification of these issues from the Federal Ministry for Economic Affairs and Climate Protection as well. ■