🌡️ Heating costs and CO2 cost sharing
In brief
Heating and hot water must generally be billed according to consumption. If this is not done, you may reduce your share of the costs by 15 percent.
The state charges a CO2 price on oil and gas. Landlord and tenant must share these costs. How depends on the building's energy consumption: the worse the building, the more the landlord pays. In the worst case he bears 95 percent, in the best case 0 percent.
Check in the statement whether the CO2 cost share is shown and correctly split.
The twelve-month objection period after receipt also applies to heating cost statements.
Step by step
- Read the statementLook for consumption values, costs per unit and the CO2 cost share.
- Check the splitIs the CO2 price shared between landlord and tenant under the tiered model?
- Check the reductionWas billing not based on consumption? Then a right to reduce is possible.
- Objections on timeRaise objections in writing, at the latest twelve months after receipt of the statement.
Deadlines
- An additional reduction of 3 percent is possible if no remotely readable consumption metering is installed or information is missing (§ 12 HeizkostenV).
- Where the tenant supplies their own heating, a separate classification applies (§ 5 Abs. 3 CO2KostAufG).
- The exact intermediate tiers of the tiered model are in the annex to the CO2KostAufG; not checked in detail.
- Wohngeld includes a heating cost and climate component (see the Wohngeld page).
In depth · legal basis, figures and practice – for advisers and professionals
Right to reduce, § 12 HeizkostenV
Insofar as the costs of supplying heat or hot water are not billed by consumption contrary to the provisions of the ordinance, the user has the right to reduce the share attributable to him by 15 percent. In addition he can reduce by 3 percent if the building owner has not installed remotely readable consumption metering equipment, and by a further 3 percent if required information is not provided or is incomplete. The provision does not apply to condominium owners in relation to the community.
CO2 cost sharing, § 5 CO2KostAufG
The building's specific carbon dioxide emissions in kilograms of CO2 per square metre of living space per year are determined and assigned to a tier of the annex. At the highest emissions the landlord bears 95 percent and the tenant 5 percent; at the lowest emissions the tenant bears 100 percent. Where the tenant supplies their own heating, para. 3 applies. The intermediate tiers follow from the annex to the Act.
Relationship to the operating cost statement
Heating costs are operating costs under § 2 BetrKV. For the statement and the objection periods, § 556 Abs. 3 BGB applies.
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