Operating costs
According to § 556 para. 1 sentence 2 BGB, operating costs are:
*" [...] the costs incurred on an ongoing basis by the owner or the heritable building right on the property or by the intended use of the building, the ancillary buildings, installations, facilities and the land." *
As a landlord, you may legally pass these costs on to your tenant if a corresponding agreement has been made in the rental agreement. According to Section 556 (2), operating costs can be shown as an advance payment or lump sum:
Advance payment of operating costs: Fixed amount regardless of the tenant's actual consumption
Flat-rate operating costs: Monthly advance payment, based on estimated costs
Apportionable operating costs in accordance with § 2 of the Operating Costs Ordinance (BetrKV)
1. Current public charges of the property
This includes in particular the property tax.
2. Costs of water supply
Water consumption, land charges, renting or using water meters, calibration, calculation and distribution of costs.
Maintenance of water flow regulators and operation of water supply and water treatment plants.
3. Costs of drainage
Fees for house and property drainage.
Operating costs of a non-public drainage system or a drainage pump.
4. Heating costs
a) Operation of a central heating system (incl. exhaust system)
Fuel costs, power consumption, operation, maintenance, cleaning, consumption recording.
b) Operation of a central fuel supply system
Costs for fuels, delivery, electricity consumption, maintenance and cleaning.
c) Commercial heat supply
Fee for heat supply and costs of the associated house system.
d) Cleaning and maintenance of floor heating systems and individual gas fireplaces
Maintenance, cleaning, safety inspection, measurements in accordance with the Federal Immission Control Act.
5. Hot water supply
a) Operation of a central hot water supply system
Costs analogous to water supply and heating costs.
b) Commercial supply of hot water
Fee for hot water supply and associated operating costs.
c) Cleaning and maintenance of hot water appliances
Removal of deposits, maintenance and safety check.
6. Costs of connected heating and hot water supply systems
Combinations of heating and hot water costs in accordance with points 4 and 5.
7. Costs of operating a passenger or goods lift
Power consumption, maintenance, cleaning, safety check.
8. Costs for street cleaning and garbage disposal
Fees for public street cleaning and garbage collection as well as private disposal measures.
9. Costs of building cleaning and pest control
Cleaning of shared parts of the building (corridors, stairs, cellars, etc.).
10. Costs of garden maintenance
Maintenance and renewal of plants, playgrounds, entrances and driveways.
11. Cost of Lighting
Electricity for outdoor and communal lighting (e.g. stairwell, basement, laundry room, etc.).
12. Costs of chimney cleaning
Sweeping fees according to the valid fee schedule.
13. Costs of property and liability insurance
Building insurance (fire, storm, water damage), glass insurance, building liability insurance, oil tank and elevator.
14. Costs for the caretaker
Remuneration and social contributions for the caretaker, provided that they do not relate to maintenance or administration.
15. Costs of operating communication equipment
a) Community antenna system b) Private distribution systems in the broadband network c) In-building fibre optic distribution systems
16. Costs of operating laundry facilities
Electricity, maintenance, cleaning, safety testing and water supply.
17. Other operating costs
Other apportionable operating costs not included in the previous categories in accordance with § 1 of the Operating Costs Ordinance
Non-apportionable costs in accordance with Section 1 (2) of the Operating Costs Ordinance (BetrKV)
Non-apportionable costs may not be passed on to the tenant as operating costs. These include, in particular:
Administrative costs
Cost of staff and facilities needed to manage the building
Expenses for supervision and management
Value of the management services provided by the landlord himself
Costs for statutory or voluntary audits of the annual financial statements
Maintenance and repair costs
Expenses for the maintenance of the building during its useful life
Costs of repairing damage caused by wear and tear, aging or weather conditions
Measures to restore the proper use of the building
Heating costs
The button "Show heating costs separately" opens a window in which you can enter the heating costs separately (separately from the total operating costs).
In the case of a flat-rate operating costs, always show the heating costs separately, because according to the Heating Costs Ordinance (§ 6 para. 1 Heating Costs Ordinance), heating and hot water costs must always be billed according to consumption.
In this case, you can only claim the operating costs as a lump sum if you show the heating costs separately, but at the same time properly bill the heating costs at the end of the billing period.
Operating costs for renting out shared flats
If you are renting out a shared apartment, please read the supplementary information on Operating costs and heating costs for renting out a shared apartment .