Construction & Real Estate: Greenwashing Risk 2026

The construction and real estate sector faces particular challenges from 27 September 2026 due to EU Directive 2024/825 (EmpCo). The increasing demand for "sustainable construction" and "green buildings" carries a high risk of misleading advertising and warnings, particularly when claims are not substantiated by recognised standards or concrete data. The BGH judgment (I ZR 98/23) in the Katjes case already demonstrated in 2024 that in the food sector too, "climate-neutral" without transparent disclosure of the calculation basis is inadmissible – a principle that is analogously applicable to the construction sector. EmpCo tightens these requirements: generic statements such as "sustainable construction" or "energy-efficient" without concrete substantiation violate Anhang I Nr. 2 UCPD. The mere use of buzzwords is not sufficient; instead, construction and real estate companies must refer to recognised certification systems (DGNB, BREEAM, LEED) or measurable indicators (e.g. primary energy demand, CO2 footprint). Particularly critical is the use of "climate-neutral" in relation to buildings, as this constitutes a per se prohibition pursuant to Anhang I Nr. 4a UCPD as amended by EmpCo if it is achieved exclusively through CO2 offsetting. To be on the safe side in terms of warning letters, construction and real estate companies must comprehensively review their marketing communications and ensure that all statements about sustainability, energy efficiency or climate neutrality are substantiated by appropriate evidence. The transparent disclosure of supply chains, materials used and energy sources is just as important as the use of Environmental Product Declarations (EPD) for construction materials. Only in this way can companies win consumer trust and protect themselves from legal consequences.