> For the complete documentation index, see [llms.txt](https://help.immodio.app/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://help.immodio.app/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/betriebskosten.md).

# Operating costs

This page explains which operating costs can be passed on to the tenant and which statutory requirements apply.

<figure><img src="https://152064692-files.gitbook.io/~/files/v0/b/gitbook-x-prod.appspot.com/o/spaces%2FMmjaQ7ApHsdO9GrxyEiQ%2Fuploads%2Fgit-blob-4df0851430a6666ecb7de276c80a5f970a00d480%2Fimage%20(274).png?alt=media" alt=""><figcaption></figcaption></figure>

**Under Section 556 (1) sentence 2 BGB, operating costs are:**

*" \[...] the costs incurred on an ongoing basis by the owner or heritable building right holder through ownership or the heritable building right in the land, or through the intended use of the building, the ancillary buildings, installations, facilities and the land."*

As a landlord you may pass these costs on to your tenant with legal effect if a corresponding arrangement has been made in the rental agreement. Under Section 556 (2), operating costs can be shown as an advance payment or as a flat rate:

* [Advance payments for operating costs](/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/betriebskosten/vorauszahlung-der-betriebskosten.md): a fixed amount independent of the tenant's actual consumption
* [Flat-rate operating costs](/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/betriebskosten/pauschale-betriebskosten.md): a monthly instalment based on estimated costs

<details>

<summary><strong>Recoverable operating costs under Section 2 of the German Operating Costs Ordinance (BetrKV)</strong></summary>

**1. Ongoing public charges on the land**

* This includes in particular **property tax**.

**2. Water supply costs**

* Water consumption, basic charges, renting or using water meters, calibration, calculating and allocating the costs.
* Maintenance of water flow regulators and operation of water supply and water treatment systems.

**3. Drainage costs**

* Charges for building and land drainage.
* Operating costs of a non-public drainage system or a drainage pump.

**4. Heating costs**

a) **Operating a central heating system** (including the flue system)

* Fuel costs, electricity consumption, operation, maintenance, cleaning, consumption recording.

b) **Operating a central fuel supply system**

* Costs for fuels, delivery, electricity consumption, maintenance and cleaning.

c) **Commercial heat supply**

* Charges for the heat supply and the costs of the associated building installation.

d) **Cleaning and maintaining floor heating systems and individual gas appliances**

* Maintenance, cleaning, safety inspection, measurements under the German Federal Immission Control Act.

**5. Hot water supply**

a) **Operating a central hot water supply system**

* Costs analogous to water supply and heating costs.

b) **Commercial supply of hot water**

* Charges for the hot water supply and the associated operating costs.

c) **Cleaning and maintaining hot water appliances**

* Removing deposits, maintenance and safety inspection.

**6. Costs of combined heating and hot water supply systems**

* Combinations of heating and hot water costs under numbers 4 and 5.

**7. Costs of operating a passenger or goods lift**

* Electricity consumption, maintenance, cleaning, safety inspection.

**8. Costs of street cleaning and waste disposal**

* Charges for public street cleaning and refuse collection as well as private disposal measures.

**9. Costs of building cleaning and pest control**

* Cleaning of communally used parts of the building (hallways, stairs, cellars, etc.).

**10. Costs of garden maintenance**

* Care and replacement of plants, playgrounds, paths and driveways.

**11. Lighting costs**

* Electricity for exterior and communal lighting (for example stairwell, cellar, laundry room, etc.).

**12. Costs of chimney sweeping**

* Sweeping charges under the applicable schedule of fees.

**13. Costs of property and liability insurance**

* Building insurance (fire, storm, water damage), glass insurance, liability insurance for the building, oil tank and lift.

**14. Costs of the caretaker**

* Remuneration and social security contributions for the caretaker, insofar as they do not relate to maintenance or administration.

**15. Costs of operating communication systems**

a) Communal aerial 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 inspection and water supply.

**17. Other operating costs**

* Further recoverable operating costs not covered by the previous categories, under Section 1 of the Operating Costs Ordinance

</details>

<details>

<summary><strong>Non-recoverable costs under Section 1 (2) of the German Operating Costs Ordinance (BetrKV)</strong></summary>

Non-recoverable costs may not be passed on to the tenant as operating costs. They include in particular:

* **Administration costs**
  * Costs for staff and facilities needed to administer the building
  * Expenditure on supervision and management
  * The value of administrative services provided by the landlord themselves
  * Costs of statutory or voluntary audits of the annual financial statements
* **Maintenance and repair costs**
  * Expenditure on maintaining the building during its useful life
  * Costs of remedying damage caused by wear, ageing or weather
  * Measures to restore the proper use of the building

</details>

#### Heating costs

* The **"Show heating costs separately"** button opens a window in which you can record the heating costs separately (apart from the total operating costs).

{% hint style="warning" %}
Where a flat rate for operating costs is used, always show the heating costs separately, because under the Heating Costs Ordinance (Section 6 (1) HeizkostenV) heating and hot water costs generally have to be billed according to consumption.

Only by showing the heating costs separately can you charge a flat rate for the operating costs in this case while still billing the heating costs properly at the end of the settlement period.
{% endhint %}

#### Operating costs in a shared apartment letting

If you are letting to a house share, please read the additional information on [operating and heating costs in shared apartment lettings](/en/anleitung/mietverhaltnisse/mietverhaltnis-anlegen/betriebskosten/betriebskosten-und-heizkosten-wg-vermietung.md).
