- Home
- News & insights
- Insights
- The role of heat pro…
26 March 2025
Publication series – 42 of 85 Insights
The role of heat probes in the energy transition: Authorisation procedures and potential
- Briefing
The energy transition poses major challenges for the real estate sector particularly surrounding heat supply. Fossil fuels such as oil and gas are increasingly being replaced by sustainable alternatives to achieve climate targets and reduce costs in the long term. One particularly promising technology is the utilisation of geothermal energy using heat probes. This enables an environmentally friendly, efficient and virtually CO₂-free heat supply for buildings. However, before a heat probe can be utilised, an approval process is required, which can vary in complexity depending on the location and depth of the borehole.
This article is intended to provide an initial overview of the authorisation procedures that may be required:
1. Location analysis
The first step is to analyse the site involving a technical and legal check on whether the planned site is suitable for a heat probe. Important factors are
- Geological conditions: The subsoil must be stable enough to allow drilling.
- Water protection areas: In sensitive areas such as drinking water protection zones, strict conditions and even bans apply.
- Distances to neighbouring properties: Minimum distances must be maintained to avoid conflicts.
In this phase, a technical expert should first be consulted to assess the geological and hydrological conditions. If the project is located in a water protection area, a legal assessment of the site would also be required.
2. Making the application
If the site analysis is positive overall, the application is submitted to the competent authority which is normally the local nature conservation authority. in some federal states, a mining permit is also required for drilling below a certain depth (e.g. 100 metres), meaning that the mining authority may be responsible for the application. The application must contain detailed information:
- Technical data on the borehole (depth, diameter).
- Details of the planned heat pump system.
- Proof of environmental compatibility (e.g. in particular for the protection of groundwater).
3. Official inspection
The authority examines the application for technical and ecological feasibility. The following aspects are considered:
- Groundwater protection: It must be ensured that no contamination of the groundwater occurs.
- Safety aspects: The stability of the subsoil must not be jeopardised by the drilling.
- Compliance with the requirements of the Federal Water Act (WHG) as well as regulations applicable in the federal state.
Depending on the complexity of the project, this step can take several weeks to months.
4. (Drilling) authorisation and implementation
After a successful inspection, the authority issues a licence, which may be subject to conditions (e.g. regular leak tests). The borehole can then be drilled by a certified specialist company. During the work, regular monitoring is carried out by the authorities to ensure that all requirements are met.
5. commissioning and documentation
Once the drilling work has been completed, the heat probe is installed and connected to the heating system. Commissioning must be documented and reported to the authorities. In addition, the authorities generally oblige project developers to carry out regular maintenance to ensure safe operation in the long term.
Why does this process make sense?
Although the approval process can involve a certain amount of effort, it is worth it: those who hold such sustainable real estate in their portfolio benefit from low operating costs in the long term, an increase in property value and an important contribution to the energy transition. The energy efficiency of properties plays a central role in the environmental aspect (E) of the ESG criteria. A high ESG score can, for example, improve creditworthiness and make it much easier to finance projects. Non-sustainable buildings, on the other hand, lose value (so-called “brown discounts”) and are also more difficult to market.
In this series
Integration into the EU electricity market: Switzerland and the EU agree on a wide-ranging agreement
11 May 2026
Revision of energy efficiency requirements for data centres: an overview of the amendment to the Energy Efficiency Act
29 April 2026
Geothermal Energy in Germany: technology, current status and the legal framework for the heat transition
24 April 2026
by Multiple authors
Industrial electricity price: Approval by the European Commission (as of April 2026)
24 April 2026
by Johannes Schaadt-Wambach, LL.M. (Prag), Dr. Markus Böhme, LL.M. (Nottingham)
EEG 2027 – Overview of the Planned Amendment to the Renewable Energy Sources Act
10 March 2026
by Dr. Markus Böhme, LL.M. (Nottingham), Dr. Christian Ertel
The NIS2 Directive: Challenges Renewable Energy Companies
18 February 2026
EU specifies certification of permanent CO₂ removals
11 February 2026
by Dr. Janina Pochhammer, Dr. Niels L. Lange, LL.M. (Stellenbosch)
Electricity Tax Amendment 2025/2026: New rules for BESS, charging infrastructure and renewable energies
14 January 2026
Battery storage systems in outdoor areas - current classification in accordance with § 35 BauGB
19 December 2025
HR compliance in the energy sector – customs authorities step up the fight against sham-employment
15 December 2025
The Current Challenges for Offshore Wind Energy in Germany
2 December 2025
by Multiple authors
Offshore wind in Germany: from market premiums to Contracts for Difference?
28 November 2025
by Multiple authors
Energy Sharing under Section 42 of the German Energy Industry Act (EnWG)
26 November 2025
Bundestag Decides on the Privileging of Battery Storage Facilities in Outdoor Areas under § 35 (1) BauGB
12 November 2025
Industrial electricity price: Initial assessment and opportunities for companies
21 November 2025
by Dr. Markus Böhme, LL.M. (Nottingham), Johannes Schaadt-Wambach, LL.M. (Prag)
FIDIC – An introduction to the FIDIC Suite 2017
22 October 2025
by Multiple authors
The Renewable Energy Expansion Acceleration Act – a boost for the energy transition in Austria?
23 September 2025
Federal Network Agency discussion paper on reforming grid fees for industry and commerce
25 September 2025
by Multiple authors
German-Dutch Treaty on Cross-Border Energy Projects
18 September 2025
by Multiple authors
Energy communities in Austria and the new Electricity Industry Act (ElWG)
15 September 2025
New amendment to the Energy Industry Act (EnWG) introduced in July and August 2025
8 September 2025
Clean Industrial Deal State Aid Framework (CISAF) – a new state aid framework for the green transformation of industry
8 September 2025
by Dr. Michael Brüggemann, Johannes Schaadt-Wambach, LL.M. (Prag)
Industrial electricity prices: initial assessment and opportunities for businesses
18 August 2025
by Johannes Schaadt-Wambach, LL.M. (Prag), Dr. Markus Böhme, LL.M. (Nottingham)
Regulatory Framework for Transmission System Operators in Germany
18 August 2025
by Multiple authors
Court ruling on the effectiveness of availability guarantees for wind turbines
31 July 2025
New Legal Framework for the Commercial Use of Carbon Capture and Storage (CCS) and Carbon Capture and Utilisation (CCU)
11 July 2025
by Multiple authors
Are offshore wind converter platforms a bottleneck in the energy transition? New German government wants to create production capacities at German shipyards
17 June 2025
by Multiple authors
Speeding up the energy transition - the new German government’s plans for gas and steam power plants and its quest for the right technology for renewable energy
8 May 2025
by Multiple authors
Update - Change of government opens the door to carbon capture and storage and carbon capture and utilisation
17 April 2025
by Multiple authors
The special fund for infrastructure and climate protection - what is next?
10 April 2025
by Multiple authors
Changes to CBAM through Omnibus legislative package
10 April 2025
The role of heat probes in the energy transition: Authorisation procedures and potential
26 March 2025
CJEU judgement on customer installations in accordance with Section 3 No. 24a Law on the Energy Industry EnWG
26 March 2025
by Dr. Markus Böhme, LL.M. (Nottingham), Dr. Christian Ertel
Will the new German government open the door for carbon capture and storage?
26 February 2025
by Multiple authors
Waste heat from data centres - new reporting obligations under the EnEfG
6 February 2025
by Multiple authors
Oman and Belgium Sign Landmark MoU on Green Hydrogen Cooperation
11 December 2024
Decision day: Grid fee exemption in customer systems and energy price brake put to the test
28 November 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Hydrogen core network - The Federal Network Agency’s strategy for the energy transition
11 November 2024
by Multiple authors
Amendment to the Energy Industry Act: changes for energy supply companies and grid and system operators
18 September 2024
by Dr. Christian Ertel, Dr. Markus Böhme, LL.M. (Nottingham)
Standard Essential Patents: A new challenge for the IoT and smart meter world
10 September 2024
Land acquisition and data protection: The importance of the GDPR when project developers request owner data
18 July 2024
by Dr. Patrick Vincent Zurheide, LL.M. (Aberdeen), Dr. Julia Wulff
Municipalities to share profit in wind turbines and ground-mounted photovoltaic systems
11 July 2024
Solar Package I - Overview of Changes to Ground-Mounted and Building-Mounted PV Systems
27 May 2024
Mandatory special charge for open space photovoltaic systems in Brandenburg
21 February 2024
A new era for wind energy investments in Hungary
Power Play: Renewable Energy Update
26 January 2024
Updating the National Hydrogen Strategy
6 November 2023
by Dr. Niels L. Lange, LL.M. (Stellenbosch), Dr. Janina Pochhammer
The new CO2 border adjustment mechanism (Carbon Border Adjustment Mechanism - “CBAM”) - first statutory reporting obligations set for January 2024
Power Play: Renewable Energy Update
3 November 2023
New IT security requirements for the energy sector
Power Play: Renewable Energy Update
1 September 2023
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Alexander Schmalenberger, LL.B.
Does monument protection hinder the expansion of renewable energies?
Power Play: Renewable Energy Update
16 August 2023
The amending law to strengthen digitisation in the urban land use planning process and the further expansion of renewable energies
Power Play: Renewable Energy Update
6 July 2023
Challenges for data center operators - The federal government’s draft bill for an energy efficiency act
Power Play: Renewable Energy Update
12 April 2023
by Multiple authors
The Energy Charter Treaty in the Light of the Electricity Price Brake: An opportunity for investors to litigate?
27 January 2023
Ordinance for Determining Critical Infrastructures (KritisV): Renewable energy plants as critical infrastructure and requirements for IT protection
Power Play: Renewable Energy Update
12 July 2022
by Dr. Paul Voigt, Lic. en Derecho, CIPP/E, Dr. Markus Böhme, LL.M. (Nottingham)
Liquefied Natural Gas Projects in Germany: The LNG Acceleration Act
Q&A series: Energy & Infrastructure
10 June 2022
Participation of local municipalities in the context of wind and photovoltaic projects
Power Play: Renewable Energy Update
5 May 2022
Renewable Energy Wrap-Up – France
Power Play: Renewable Energy Update
27 April 2022
Renewable Energy Wrap-Up - United Kingdom
Power Play: Renewable Energy Update
15 March 2022
Building energy performance: the revised Energy Performance of Buildings Directive
Power Play: Renewable Energy Update
14 February 2022
Fit for 55 – Hydrogen and the Reform of the European Gas Market
Power Play: Renewable Energy Update
11 January 2022
Renewable Energy Wrap-Up – Netherlands
Power Play: Renewable Energy Update
2 December 2021
Renewable Energy Wrap-Up – Poland
Power Play: Renewable Energy Update
21 September 2021
by Olav Nemling
Renewable Energy Wrap-Up – Austria
Power Play: Renewable Energy Update
18 August 2021
Renewable Energy Wrap-Up - Germany
Power Play: Renewable Energy Update
12 July 2021
Floating Foundations for Offshore Wind Farms
Power Play: Renewable Energy Update
8 June 2021
Species protection exemption: Significance for wind energy
Power Play: Renewable Energy Update
25 May 2021
Power-to-Hydrogen
Power Play: Renewable Energy Update
6 April 2021
Focus PV – Floating Solar and Agrivoltaics
Power Play: Renewable Energy Update
23 March 2021
Related Insights
The German Government’s Grid Package: New Rules for Grid Connection
Revision of energy efficiency requirements for data centres: an overview of the amendment to the Energy Efficiency Act
The Special Fund for Infrastructure and Climate Neutrality
by multiple authors