Energy Communities 2.0 – what does the ElWG bring?

Authors: Johannes Hartlieb, Alexander Gimona

With our “ElWG Check 2.0: community energy – together alone?” we recently examined the prospects of energy communities under the new Electricity Industry Act (ElWG).

Now, many energy communities are asking: What changes will be required as of October 1st, 2026? Are existing models future-proof, or is there a need for adjustment?

What is new? An overview

The ElWG brings numerous changes for energy communities:

Introduction of “shared energy use” as a legal term that places energy communities and similar entities under a common regulatory framework.
New structural rules and organizational obligations, e.g. supplier obligations for active customers, obligation to prepare general supply terms and invoices, information obligations, etc.
New roles and options, such as the appointment of an organizer who can take over services like billing, communication, and contract management.
Peer-to-peer contracts and other forms of flexible energy use are explicitly regulated by law.

Most of these provisions will come into force on October 1st, 2026; until then, a transition period applies during which existing models will largely continue under the previous legal framework.

applies during which existing models will largely continue under the previous legal framework.

It becomes clear: There are many new opportunities for shared energy use, but at the same time the level of complexity increases significantly.

Impact on existing energy communities

Transition period until October 1st, 2026

Existing energy communities will continue to operate under the previous law until September 30th, 2026. Only from October 1st, 2026, will the new ElWG rules fully apply, and existing models will be transferred into the new system.

Does the new law also apply to existing energy communities?

Yes.

The new legal framework generally applies to all energy communities, regardless of whether they were established before or after October 1st, 2026. The transition is provided for in the law: Existing communities are automatically transferred into the new system and must implement the new requirements from the date of entry into force.

This means:

New members can still join – even “old” energy communities – until the end of the transition period.
The existing structures can remain in place for the time being, but from October 1st, 2026, new rights and obligations will apply.

Thus, the ElWG mandates the legal transition, and existing energy communities must comply with the new obligations no later than October 2026. There is no option to opt out; from October 1st, 2026, the new rules apply to all energy communities.

New requirements from October 1st, 2026

The following additional and non-exhaustive obligations will apply to energy communities from October 1st, 2026:

Supplier obligations: For active customers above certain capacity thresholds, new obligations for processing and invoicing apply. These may be assumed by the organizer.
Information obligations: Customers must be informed in advance about certain matters.
Capacity limits: Facilities of large companies may only participate in shared energy use up to a certain capacity (6 MW).
Expanded local areas: Extended usage options for local areas and busbars within the grid.

Existing contracts and documents should therefore be reviewed and adjusted before October 1st, 2026, to ensure compliance with the ElWG.

Conclusion

The new EIWG establishes a uniform, clear legal framework for energy communities and shared energy use.

At the same time, it becomes clear that the complexity of shared energy use is increasing significantly. Existing energy communities are also confronted with the new regulations and with the need for adjustments, particularly regarding contracts with customers and information obligations toward them. In many cases, this will make contract modifications necessary.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.