When is a change to the distribution key in the heating cost statement permissible?

The Change of the distribution key in the heating cost statement This is a topic that often raises questions – both for landlords and homeowners' associations. This article explains the legal framework, when a change is advisable or even mandatory, and how to proceed.

How exactly does the division of heating costs work?

Heating and hot water costs are not distributed solely based on consumption. Heating Cost Ordinance (HKVO) stipulates that a portion of the costs – at least 30 percent, at most 50 percent – ​​must be covered as so-called Basic costs to be allocated according to a fixed scale (such as living space or heated area). The remaining portion is considered use costs distributed based on consumption figures.

Why is the distribution key being changed at all?

A common reason is the goal of making energy consumption more transparent and creating incentives to save energy through more consumption-based billing. However, a higher proportion of consumption costs does not necessarily lead to greater fairness. Therefore, a decision regarding such a change should always be carefully considered. appropriate and be made with a view of the respective building.

What does the Heating Costs Ordinance allow regarding changes to the distribution key?

The legal basis can be found in Section 6 paragraph 4 HKVOA change is therefore permissible if:

• a message Pre-registration by user groups is introduced (e.g., in the case of separate measuring devices for special areas),
• structural measures with sustainable energy savings (e.g. new windows, facade insulation, heating system modernization),
• legitimate reasons This is the case, for example, if the previous key has proven to be unfavorable or unfair.

In contrast to the previous legal situation, a change is now possible multiple times possible – provided this is comprehensibly justified.

More information on the legal basis can be found on our page about Heating Costs Ordinance.

What needs to be considered when making the change?

A change may only at the beginning of a new billing period This must be done. Furthermore, tenants in good time They will be informed before the start of the new period so that they can adjust their consumption behavior.

For landlords who own apartments: If a new key was decided upon at the owners' meeting, this key should be used. not stipulated in the rental agreement stand, but resolutions of the owners' association be coupled.

When is the 30:70 split legally required?

In a few exceptional cases, the HKVO stipulates that at least 70 percent The costs are to be billed according to consumption. This is the case when the following conditions are met:

1. The building fulfills not the requirements of the Thermal Insulation Ordinance of August 16, 1994.
2. It will be accompanied by a Oil or gas heating provided.
3. The exposed pipes in the apartments are mostly insulated.

If all three conditions are met, the change is mandatory (§ 7 para. 1 HKVO). In this case, prior notification to the tenants is not necessary – however, transparent communication is recommended.

How can it be determined whether a legal change is necessary?

The following checklist will help with the evaluation:

• Was the building application before 16.08.1994/XNUMX/XNUMX Was the building constructed and no energy-efficient renovation carried out?
• Will the building be equipped with gas or oil heated?
• Is there exposed pipes in apartments, the mostly insulated arrived?

Only if all points applyThe change to a 30:70 ratio is legally mandatory. In practice, however, these conditions are rarely met.

Checklist for Section 7 Paragraph 1, Sentence 2 of the HKVO (German Ordinance on the Preservation of Commercial Preservation).

What is often overlooked in practice: Only if all three conditions apply simultaneously must the distribution key of 30% basic costs to 70% consumption costs be applied for legal reasons.

#1
The requirements of the Thermal Insulation Ordinance of August 16, 1994, are not met. Buildings for which a building permit application was submitted before August 16, 1994, and which have not undergone energy-efficient renovations since then, most likely do not meet the requirements of the Thermal Insulation Ordinance of August 16, 1994. However, only a specialist, such as an energy consultant, can determine this with absolute certainty.

#2
It is an oil or gas heating system.

#3
There are exposed pipes for heat distribution in the building, and these are mostly insulated. The question of insulation only arises for pipes that are exposed within apartments, i.e., those running visibly on the wall (surface-mounted). The criterion "exposed pipes mostly insulated" almost never applies in practice. The justifications provided by the Federal Government and the Federal Council make it clear that the issue concerns pipes within apartments. Such exposed pipes for connecting radiators, or the vertical risers within the apartment, were not insulated according to the building services engineering (TGA) standards in the former East Germany, nor according to the former building regulations in West Germany, and were only very rarely retrofitted with insulation. If there are no exposed pipes, the requirement is no longer applicable according to current knowledge, and the unrestricted freedom to choose the allocation method remains.

How does one proceed with a voluntary change?

If there is freedom of choice, any change to the distribution key should always be well justified and decided jointly with the owners' association.

• Owner Inform tenants early, ideally with reference to the HKVO (German Heating Cost Ordinance).
• Verwalter Minol will be informed about the new allocation in the next cost statement.

Conclusion: Make informed decisions and communicate them in a timely manner

The Change of the distribution key in the heating cost statement Today, the legal situation is more flexible than before. Nevertheless, some formal requirements must be observed. Most importantly, to inform in a timely manner, to document decisions and to correctly assess the technical and structural situation of the building.