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# Chimney sweeping and flue cleaning (recoverable from tenant)

Help on the Immodio entry item Chimney cleaning, chimney sweep, cleaning of the flue system (recoverable from tenant).

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Use this category for the **running and recurring costs of sweeping, cleaning and inspecting chimneys and flue systems**, as far as these costs are not already taken into account through the heating cost statement.

The costs of chimney cleaning are expressly listed as operating costs in Section 2 no. 12 BetrKV. Under it, the sweeping charges under the applicable scale of charges, or the corresponding running costs of chimney sweep work, are recoverable. This requires the rental agreement effectively to provide for the allocation of operating costs, which is taken into account accordingly in the Immodio rental agreement.

### What can be entered here?

The running costs of the following work in particular can be recorded here:

* the regular cleaning and sweeping of chimneys,
* cleaning flue pipes and connecting pieces,
* the prescribed inspection of flue systems,
* flue route inspections,
* checking necessary combustion air and extract air systems,
* carbon monoxide measurements as part of the flue route inspection,
* removing the combustion residues arising from the sweeping work,
* labour and travel costs, as far as they belong directly to the recoverable sweeping or inspection work,
* prescribed recurring measurements, provided they are not already entered as heating costs.

Under the German Sweeping and Inspection Ordinance, flue systems, the heating gas routes of fireplaces, smoking installations and necessary combustion air and extract air systems, among other things, are subject to sweeping or inspection. The specific frequency depends in particular on the type of fireplace, the fuel and the use. A blanket assumption that every system has to be swept once a year is therefore not correct.

### Floor heating systems and individual fireplaces

With floor heating systems and individual gas fireplaces, the regular cleaning, maintenance, safety inspection and the measurements under the German Federal Immission Control Act are likewise among the operating costs expressly named.

Where the invoice concerns only a single apartment or a fireplace used exclusively by one tenancy, the amount should if possible be assigned directly to the **unit** or the **tenancy** concerned.

That can concern, for example:

* gas floor heating,
* a wood-burning stove in a particular apartment,
* a tiled stove,
* a single gas boiler,
* a fireplace serving a commercial unit exclusively.

The costs of a chimney may not be allocated to tenants whose apartments are neither connected to that chimney nor able to use it from any conceivable point of view.

### Immission control and flue gas measurements

Recurring measurements on combustion systems prescribed by law can in principle be recoverable operating costs.

Depending on the type, age and technical design of the system, the First Federal Immission Control Ordinance provides for different monitoring intervals. Certain oil and gas combustion systems are measured every two or three calendar years, for example; with systems having self-calibrating continuous combustion control, a longer cycle can apply.

### The fireplace inspection and the fireplace notice

The fireplace inspection has to be distinguished from ordinary sweeping, cleaning and measurement work.

In it the authorised district chimney sweep checks the operational and fire safety of all relevant systems. The fireplace inspection may take place at the earliest three years and should take place at the latest five years after the previous fireplace inspection. A fireplace notice is then issued setting out the chimney sweep work to be carried out in future and the deadlines for it.

The Sweeping and Inspection Ordinance contains its own charge items for:

* the fireplace inspection,
* the fireplace notice,
* additional copies,
* certain official inspections.

### The one-off acceptance of a new or altered system

Costs arising from the initial construction or a substantial alteration of a combustion system do not belong in this category.

For new or substantially altered systems, the First Federal Immission Control Ordinance requires certain determinations and measurements before or shortly after they are put into operation. These services are directly connected with installing or altering the system and are not ordinary recurring chimney cleaning costs.

These include, for example:

* the acceptance of a newly built chimney,
* the acceptance of a newly installed boiler,
* an inspection after heating system conversion work,
* the initial measurement after a substantial alteration of the system,
* the acceptance of a newly installed wood-burning stove,
* an inspection after the initial installation of a flue pipe.

{% hint style="info" %}
Such costs are to be assigned to the acquisition, building or modernisation measure and **not** allocated to the tenants as running operating costs.
{% endhint %}

### Repeat and special inspections after defects are found

Where a measurement or inspection finds that statutory requirements are not met, the defect has to be remedied and a further inspection may then be needed.

The costs of such a repeat or special inspection should not automatically be recovered from the tenants as regular chimney sweep costs. They can be connected with a repair, a defective system or the improper fulfilment of an owner's obligations.

That concerns, for example:

* repeat measurements after an impermissible flue gas value,
* additional checks after a repair,
* inspections prompted by a specific suspicion,
* inspections after a chimney fire,
* follow-up checks of defects identified by the authorities,
* additional appointments because deadlines were missed.

{% hint style="warning" %}
Here a distinction has to be made in the individual case between a running inspection provided for by law and non-recoverable costs of remedying defects or of administration.
{% endhint %}

### Special sweeping work

Where combustion residues cannot be removed with ordinary sweeping tools, the Sweeping and Inspection Ordinance provides for special work such as burning out, knocking out or chemical cleaning under certain conditions.

Such costs can only come into consideration as running operating costs where the work:

* became necessary through the intended operation of the system,
* is a prescribed sweeping or cleaning service,
* is not based on a structural defect,
* and does not involve a repair or refurbishment.

Where the special work is instead the result of damage, of maintenance neglected for years, of a faulty system or of a structural defect, it should **not** be recovered from the tenants.

### Assignment

For the assignment select **"Property"** and then the building whose chimney or flue system was cleaned or inspected. Where costs concern only a particular tenancy, enter them against the **"Tenancy"** accordingly.

Where no other effective allocation key was agreed, ordinary operating costs are generally allocated according to the share of the living space.

### When this category should not be used

The following in particular do not belong here:

* repairing a damaged chimney,
* chimney refurbishment,
* inserting a new stainless steel liner,
* sealing leaking chimney flues,
* replacing defective flue pipes,
* renewing chimney heads or covers,
* dealing with damp or condensation damage,
* repairing a fireplace or heating system,
* the initial acceptance of a new system,
* acceptance after modernisation,
* the costs of remedying defects found,
* fines, reminder fees and late payment surcharges,
* the costs of substitute performance by the authorities,
* the landlord's general administrative fees,
* chimney sweep services already included twice in the heating costs.

Maintenance and repair costs to remedy damage from wear, ageing or other effects are expressly not operating costs.

### Documents for the operating cost statement

Keep in particular:

* chimney sweep invoices,
* the fireplace notice,
* certificates of sweeping and inspections,
* measurement records under the First Federal Immission Control Ordinance,
* evidence of the fireplaces concerned,
* the split where there are several buildings or chimney flues,
* evidence of the assignment to heating or operating costs,
* invoices for any repairs deducted,
* proof of payment.

Advance payments of operating costs have to be billed annually in compliance with the requirement of economic efficiency. The tenant can ask to inspect the underlying receipts.
