Update June 2026: With the Building Modernization Act (GModG), the legal situation has fundamentally changed. For the first time in 2027, § 106 GModG will create a Nationwide uniform solar obligation – also for commercial real estate. You can read what this means in concrete terms in our new article: Nationwide Solar Mandate from 2027: What § 106 GModG Means for Commercial Properties
(As of early 2026) A nationwide uniform Photovoltaic obligation for industrial and commercial real estate does not continue to exist in Germany.See aboveAlthough harmonization has been announced politically several times at the federal level, legislative competence largely lies with the federal states. As a result, there is currently a patchwork of different obligations, transitional periods, and thresholds. However, regulatory pressure is rising significantly in parallel, as both national climate targets and European requirements demand faster integration of photovoltaics into the building sector.
The central driver at the EU level is the Energy Efficiency of Buildings Directive Energy Performance of Buildings Directive, EPBD). This requires Member States to introduce new requirements for the use of solar energy on buildings. The implementation of the current provisions into national law must be completed by May 29, 2026 achieved. This means it is foreseeable that existing state regulations will be adapted and previous gaps will be closed. For companies, this means: Even if no obligation currently applies at a particular location, the legal situation can change at short notice. The federal government has implemented the EU directive within the framework of the Building Modernization ActGEG or rather, now GMG) announced. This is intended to until July 1, 2026 happened.
The obligation to install photovoltaics on commercial roofs applies here
At the state level, numerous federal states have already introduced mandatory requirements. Baden-Württemberg was particularly early, where a requirement for new non-residential buildings has been in place since 2022 and for major roof renovations since 2023. Berlin, Hamburg, Schleswig-Holstein, Lower Saxony, Rhineland-Palatinate, and Bavaria have also introduced mandatory solar requirements for new commercial buildings, partly supplemented by requirements for existing roof renovations. Bremen has established a phased model, initially covering renovations and subsequently new buildings. In North Rhine-Westphalia, requirements already apply to certain building categories and are being gradually expanded, while Brandenburg has introduced partial requirements for commercial buildings and is preparing further tightening.
Other federal states have so far pursued more reserved strategies. In Hesse, Saarland, Saxony, Saxony-Anhalt, Thuringia, and Mecklenburg-Vorpommern, there are currently no comprehensive statewide obligations for commercial buildings. There, requirements are often limited to public new buildings, municipal properties, or funding programs instead of legal installation obligations. Nevertheless, political discussions about their introduction also exist here, often with reference to competitive disadvantages for states without a solar obligation.
Large commercial parking lots are also affected
In addition to roof areas, sealed surfaces are increasingly coming into focus of legislation. Several countries already require Solar carports for newly built large parking lots above a certain number of parking spaces. These regulations pursue a dual goal: additional solar power generation without competition for land use, as well as simultaneous weather protection for vehicles. However, thresholds, crediting models, and exceptions vary greatly between countries.
Unification of the PV obligation in sight through EPBD
Overall, a clear trend is emerging: regulatory development nationwide is moving towards comprehensive solar mandates, even if the path there continues to be through various state laws. At the latest, with the mandatory implementation of the EU Building Directive by May 2026, it can be assumed that requirements will continue to align and become stricter in many regions. For industrial and commercial companies, it is therefore increasingly crucial to plan construction and renovation projects early on, taking into account the respective applicable state regulations, in order to avoid approval risks and retrofitting costs.
Overview of the PV obligation by federal state
| Parking lots (new building) | Roof PV (for new buildings) | Roof PV (for renovation) | |
| Baden-Württemberg | from 35 parking spaces | since 2022 | since 2023 |
| Bavaria | in planning | since March 2023 | since 2025 |
| Berlin | In planning – Funding from 35 parking spaces | since 2023 | since 2023 |
| Brandenburg | from 35 parking spaces | since 01.06.2024 | since mid-2025 |
| Bremen | from 25 parking spaces | since 2025 | since mid-2024 |
| Hamburg | from 35 parking spaces | since 2023 | since 2024 |
| Hesse | from 50 parking spaces | from 2027 according to § 106 GModG | as of 2028 according to § 106 GModG |
| Mecklenburg-Western Pomerania | under planning - regionally differentiated | previously only public buildings – regionally different – from 2027 according to § 106 GModG | as of 2028 according to § 106 GModG |
| Lower Saxony | from 25 parking spaces | since 2023 | since 2025 |
| North Rhine-Westphalia | from 35 parking spaces | since 2023 Public and industrial buildings from 2024 | since 2026 |
| Rhineland-Palatinate | from 50 parking spaces | since 2022 | since 2024 in public buildings – from 2028 according to § 106 GModG |
| Saarland | Planned starting with 35 parking spaces over the course of 2025 | Since September 2025 | as of 2028 according to § 106 GModG |
| Saxony | with nationwide regulation | from 2027 according to § 106 GModG | as of 2028 according to § 106 GModG |
| Saxony-Anhalt | in planning | from 2027 according to § 106 GModG | as of 2028 according to § 106 GModG |
| Schleswig-Holstein | from 100 parking spaces | since 2023 | since 2023 |
| Thuringia | in planning | from 2027 according to § 106 GModG | as of 2028 according to § 106 GModG |
Meet current guidelines with CUBE CONCEPTS
CUBE CONCEPTS will be happy to advise you on current legislation and photovoltaic subsidies and can offer you an innovative and individual energy solution to ensure that your company also complies with legal guidelines in the future. With solar parks, Photovoltaic carports and Photovoltaic systems for roof surfaces you also reduce your energy costs and improve your carbon footprint.
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