Municipal enforcement of label D: how does this play out?

The announced enforcement route

The decision memorandum accompanying the draft decree explicitly states that non-compliance in principle results in enforcement by the municipality, via a notice and the imposition of a penalty order on the landlord. This is in line with the existing enforcement system of the Decree on Buildings in the Living Environment for other technical requirements.

Municipalities will therefore get an active role: they must identify which rental homes do not yet meet the requirement after 1 January 2029, issue a notice to the owner with a remediation period, and impose a penalty order in case of continued non-compliance to enforce compliance.

What this means for you as a landlord

Because the exact implementation practice may differ per municipality, and the scheme itself is not yet final, it is wise not to wait for a possible notice. A proactive approach, including an up-to-date energy label registration, prevents you from ending up in an enforcement process with a remediation period that does not match contractor availability.

Also take into account that pressure on contractors and energy advisors may increase towards 2028-2029 as more landlords need to take action at the same time, making a late-started sustainability process more vulnerable to enforcement action.

• Enforcement in principle runs via a notice from the municipality.
• A penalty order may follow in case of continued non-compliance.
• The exact procedure and deadlines have not yet been finally established.