Heat Pumps and Geothermal Probes; Notice of Drilling for Installation

To inform building owners, planners, specialized contractors, and drilling companies about geothermal probes and to outline the steps for the proper construction of a system, the Ministries of the Environment and Consumer Protection and of Economy, Media, Energy, and Technology, in collaboration with the Federal Association for Heat Pumps (BWP) e. V., published a guide for the installation of geothermal probes for heat pump systems. In addition to general information on assessments under water law, it provides guidance and recommendations on what to consider when installing and operating a geothermal probe system and details the necessary application documents.

The guide has been updated to reflect technical advancements and legal changes and has been reissued as the 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 competent district administrative authority to protect the soil and groundwater from contamination.
If the boreholes for the geothermal probes extend into the groundwater, a permit under water law is generally required.

In water protection areas, drilling—and therefore geothermal probes and groundwater heat pump systems—is generally not permitted. In individual cases, the permissibility of such installations in Zone III B or III/2 may generally be examined through an exemption from the Water Protection Area Ordinance. This zone does not exist in the water protection area within the city of Erlangen or in the municipalities of Möhrendorf and Bubenreuth.

As previously described, drilling to install a geothermal probe or a groundwater heat pump system generally constitutes an excavation that must be reported pursuant to Section 49(1), first sentence, of the Water Resources Act in conjunction with Article 30 of the Bavarian Water Act. In addition to this notification, a water law permit under Article 15 of the Bavarian Water Act is required. It is therefore recommended to submit the application for a water law permit immediately, as this also serves as notification of the drilling.

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

For technical questions and questions regarding feasibility, it is recommended to contact a private water management expert (PSW) (further information and contact details can be found under “Related Links”).

Any work that penetrates the ground to such a depth that it may directly or indirectly affect the movement, level, or quality of groundwater must be reported to the competent authority one month before work begins.

If one month has passed since the notification was submitted without an order to suspend or remedy the situation having been issued pursuant to Section 49(3) of the Water Resources Act (WHG), the work may begin and continue until it affects the groundwater.