Revolution in building law: New judgments on noise insulation and battery storage!

Revolution in building law: New judgments on noise insulation and battery storage!

Recent developments in the construction and craft sectors bring with them some interesting judgments on the use of renewable energy and the widespread use of battery storage. In connection with this topic, a broad discussion has broken out about the legal framework for these modern energy solutions.

Battery storage in focus

A key ruling made by the Ravensburg Regional Court on May 9, 2025 has far-reaching consequences for manufacturers of home storage systems. The judges ruled that a manufacturer is obliged to either repair a faulty power storage device or replace it with equivalent parts. A consumer had filed a lawsuit because her storage unit posed a fire risk and had technical defects. According to the ruling, the throttling of the device represents a significant material defect. This decision is supported by similar rulings from Bielefeld, Oldenburg and Leipzig, which strengthen the rights of customers in the field of battery storage.

The legal context for battery storage also makes clear how important such judgments are. These enable the efficient use of renewable energies such as sun and wind. Strict fire protection and technical requirements apply. According to the Herfurtner law firm, battery storage systems in certain sizes or in ecologically sensitive areas must require building permits. In addition, operators must ensure that their systems meet the applicable requirements of the Energy Industry Act (EnWG) and the Renewable Energy Sources Act (EEG). The latter stipulates that operators receive compensation for the electricity they feed in, which is guaranteed over a period of 20 years.

What does this mean for builders?

The topic of sound insulation and DIN standards has also become more important for building owners. A judgment was made at the Frankfurt Higher Regional Court which stated that the minimum sound insulation according to DIN 4109 is not sufficient to meet the demands of living quality. An architectural firm was ordered to pay an advance payment of around 19,500 euros due to sound insulation deficiencies during the renovation of a listed building. The court made it clear that compliance with DIN standards does not automatically guarantee freedom from defects, as they are not legally binding.

Another interesting judgment dealt with the charging infrastructure for electric vehicles. The Dortmund Regional Court ruled that carports and garages are not considered necessary components of this infrastructure. Apartment owners can decide independently about the charging station options without needing a permit to build a garage or carport. This is particularly important for the increasing number of electric cars in households.

Anyone who is thinking about installing a battery storage system or even just building their own home must therefore be comprehensively informed about the legal framework.

Conclusion and outlook

In the midst of these developments, it is essential to protect yourself legally at all times and to keep an eye on current judgments. The EEG, as a central instrument for promoting renewable energies, is not only important for environmental and climate goals, but also offers a secure basis for investments in new technologies. The future energy transition depends crucially on the ability of legislators to adapt in order to provide citizens and companies with a clear perspective. The signs are good that renewable energies will remain popular and legal clarity will help eliminate uncertainty.

For further information on the legal basis in the area of ​​renewable energies, see the pages of: Building technology dialogue, Herfurtner law firm and the Federal Government recommended.