Heat pumps and geothermal probes; notification of boreholes for installation

In order to inform building owners, planners, specialist tradesmen and drilling companies about geothermal probes and to show the way to the proper construction of a system, the Ministries for the Environment and Consumer Protection and for Economic Affairs and Media, Energy and Technology, together with the Bundesverband WärmePumpe (BWP) e. V., have published a guide for the construction of geothermal probes for heat pump systems. In addition to basic statements on water law assessment, it provides information and recommendations on what must be observed when constructing and operating a geothermal probe system and provides information on the necessary application documents.

The guide has been updated due to technical developments and legal changes and has been reprinted in a 4th edition. It can be downloaded from the Internet (see "Further links").

Drilling for the installation of geothermal probe systems must be reported to the responsible district administrative authority to protect the soil and groundwater against contamination.
If the boreholes for the geothermal probes reach into the groundwater, a permit under water law is generally required.

Drilling and therefore also geothermal probes and groundwater heat pump systems are generally not permitted in water protection areas. In individual cases, permissibility in zone III B or III/2 can be checked by means of an exemption from the protection area ordinance. This zone does not exist in the water protection area in the city of Erlangen and in the municipalities of Möhrendorf and Bubenreuth.

As already described, the drilling of a borehole to create a geothermal probe or groundwater heat pump system is generally an earth excavation that must be notified in accordance with Section 49 (1) sentence 1 of the Water Resources Act in conjunction with Article 30 of the Bavarian Water Act. In addition to this notification, a permit under water law is required in accordance with Art. 15 of the Bavarian Water Act. It is therefore recommended that an application for a permit under water law be submitted immediately, which also serves as notification of the drilling.

For geothermal probes or groundwater heat pump systems for thermal use up to and including 50 kilojoules per second outside of water protection areas and contaminated sites entered in the register of contaminated sites and in near-surface, unstressed groundwater, an expert opinion from a private water management expert (PSW) is mandatory.
water management expert (PSW) is mandatory.

For technical questions and questions of feasibility, it is advisable to contact a private water management expert (PSW) (further information and contacts can be found under "Related links".

Work that penetrates so deeply into the ground that it may have a direct or indirect effect on the movement, level or quality of the groundwater must be notified to the competent authority one month before the work begins.

If one month has passed since the notification without a cessation or removal order having been issued in accordance with Section 49 (3) WHG, the work may be commenced and carried out until the groundwater is affected.