Originally, according to § 10 of the Energy Saving Ordinance (EnEV) 2009 required that all the upper floors that are accessible should be insulated until December 31st 2011.

Now, the commission for Construction Technology of the Minister for Building Conference has made ​​an interpretation of that provision. Accordingly, this provision shall not apply to the following buildings:

• The top-floor ceiling is made ​​of concrete, which was built after 1969.
• The top-floor ceiling is a wooden beam ceiling
• The floor-ceiling or roof is already insulated in some form.

Thus, the obligation to insulate the top floor ceiling does not apply to the majority of the houses, in particular of the old buildings.