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Beschleunigter Beginn des Baus von Fernwärme­leitungen

Wolfgang Ewer


In order to meet the requirements of the European Commission’s Green Deal, it is inevitable to exhaust all ecopolitical options, inter alia the enhanced use of district heating. However, the current state of play is that the commencement of construction of district heating pipes delays frequently. This is due to the fact that in most cases, plan approval procedures take place to examine the environmental compatibility of such projects based on the UVPG. In this article we consider the possibility of an admission of early commencement of construction and its requirements. The main focus is to examine, whether an analogous application of other pertinent provisions that deal with the admission of early commencement of construction, especially § 37 KrWG, is feasible. We conclude that the UVPG contains an unintended loophole which could be closed by an analogous application of § 37 KrWG. Ultimately, this application would accelerate the construction of district heating pipes in order to meet the requirements of the European Commission’s Green Deal.

Kanzlei Weissleder Ewer, Kiel.

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