Billing deadlines and dates for heating and operating costs

Even if there are objective reasons for longer billing periods, courts and legislators insist on a maximum duration of twelve months. Landlords should therefore adhere to the billing deadlines for heating and operating costs to avoid jeopardizing the validity of their statements.

What are the legal foundations?

The Heating Costs Ordinance itself does not specify any billing periods or cut-off dates. It regulates neither the length of the billing period nor the deadline within which the tenant is entitled to a statement of account.

Instead, the following apply:

• Section 20 Paragraph 3 of the New Construction Rent Ordinance for publicly subsidized housing construction
• § 556 para. 3 BGB for privately financed housing construction

Based on these regulations, the landlord must annual billingA billing period of more than 12 months is generally not permitted.

Practical example:

• District Court of Rosenheim (1994): Billing over 14 months was not in order.
• Higher Regional Court of Düsseldorf (2001): Landlord had to allow additional payments because the statement of account was not submitted after one year.

Obligation to provide 12-month billing

The Rent Control Act (now Section 556 Paragraph 3 of the German Civil Code) only generally requires a statement of operating costs, not specifically heating costs. Since 1981, consumption-based heating cost statements have been mandatory.

Exceptions regarding construction phases and technical features

• Initial invoices for construction phases completed at different stages may be shorter on a one-off basis to ensure uniform billing periods later on.
• Short billing periods for evaporative heat cost allocators can be economically inefficient, but the 12-month rule remains binding.

Note:

• Owners or developers bear the costs of empty apartments during the billing period proportionally.
• Electronic heat meters enable consumption-based billing at any time.

Energy supplier appointments and meter readings

Energy suppliers often set billing dates independently of the landlord. Adjustments within the three-year period after... Section 6 Paragraph 4 HKVO are possible.

Electronic heat cost allocators vs. evaporative meters

• Electronic devices: The cut-off date is freely selectable, usually calendar year.
• Evaporator: Designed for the heating season; interim readings during user changes are not recommended.
• Only radio-enabled devices have been permitted since 2021.
• Non-radio-enabled evaporators must be replaced by the end of 2026.

Discrepancy between meter reading and billing period:

• The distribution ratio remains fair even with staggered readings.
• Meter readings are often taken before the end of the billing period (e.g., mid-November for billing on December 31.12st).

Claim for payment and statute of limitations

• Invoicing must be completed within 12 months after the end of the billing period respectively.
• If the landlord misses the deadline, he loses the right to make additional claims.
• Exceptions: delays beyond our control, such as late gas billing, tax assessments, or force majeure.

Limitation period:

• According to § 195 BGB, the limitation period is 3 years.
• A forfeiture can occur if the landlord remains inactive for a long time.

Tenant's payment deadlines

• Tenants must be able to check their utility bills, if necessary with the support of third parties.
• Court recommendation: 1 month review period after receipt of the invoice (AG Gelsenkirchen-Buer).
• The due date depends on Section 4 Paragraph 3 MHRG and Section 10 Paragraph 2 WoBindG.

Recommendation for landlords

• Use uniform device types
• Use electronic measuring devices with radio reading
• Billing periods maximum 12 months
• Clearly define payment deadlines in the rental agreement.
• Prepare and justify a preliminary invoice in case of delays.

Conclusion

The billing period for heating and operating costs is legally limited to a maximum of 12 months. Landlords should adhere to uniform billing periods, use electronic devices, and clearly stipulate payment deadlines in the tenancy agreement to avoid legal problems.