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Heating Cost Ordinance

The Heating Costs Ordinance (HKVO)

The Heating Costs Ordinance is the ordinance on consumption-based billing of heating and hot water costs (Ordinance on Heating Cost Billing – HeizkostenV – HKVO)

Heating Costs Ordinance as the basis for heating cost billing

The requirements of the EU Energy Efficiency Directive necessitated a revision of the German Heating Costs Ordinance (HKVO). The main objective is to reduce energy consumption and promote greater energy efficiency and sustainability in the building sector. Read on to find out what you, as a property manager or landlord, need to do to comply with the new legislation.

The latest version of the Ordinance on Consumption-Based Billing of Heating and Hot Water Costs (Heating Cost Ordinance or HKVO) came into force on October 1, 2024. Following the initial version of March 1, 1981, and amendments on May 1, 1984, March 1, 1989, January 1, 2009, and December 1, 2021, this is now the sixth version of the Heating Cost Ordinance. While the first amendments primarily addressed uncertainties that arose in practice during the early years of the Heating Cost Ordinance, the amendments from 2009 onward primarily pursued energy policy objectives.

After more than four decades of existence, it can be said that the Heating Costs Ordinance is mature and practical. Discussions about its purpose and content are now rare, and the understanding that billing based on consumption leads to significant energy savings has become universally accepted.

Energy savings through billing based on consumption

While in the early years of the heating cost ordinance the primary focus was on energy conservation due to Germany's import dependencies, environmental protection subsequently became increasingly important. Today, Germany's energy suppliers are hardly in a position to sustainably jeopardize our energy supply through boycotts. However, recognized major dangers to the global climate arise when CO₂ emissions increase.2The concentration of methane in the Earth's atmosphere, which is responsible for the so-called greenhouse effect, is not drastically reduced as quickly as possible. Billing based on consumption makes a valuable contribution to this, because energy savings are demonstrably achieved through consumption recording.

The Heating Costs Ordinance is the legal basis and set of rules for all parties involved, i.e., building owners, property managers, tenants, apartment owners and, last but not least, metering service companies, for carrying out the annual heating cost statement.

New obligations and deadlines under the Heating Costs Ordinance since 2021

With the revised Heating Costs Ordinance (HKVO), which came into force in December 2021, the requirements of the EU Energy Efficiency Directive (EED) are transposed into German law. The political objectives are greater climate protection and reduced emissions in Europe. Specifically, this means the following obligations for property managers in Germany.

Minol helps you create heating bills that comply with all legal requirements in the future – with the right solutions for landlords and property managers. Remember: Failure to meet the new requirements entitles tenants to a three percent reduction in their heating bill. Minol solutions make it easy for you to continue billing your properties in accordance with the German Heating Cost Ordinance (HKVO).

  • Minol devices: smoke detectors, heat cost allocators, heat meters, water meters
    December 2021

    Digital measurement technology

    Only remotely readable meters and heat cost allocators may be installed in new buildings.
    With Minol Connect you use modern and interoperable wireless technology.

  • Extended consumption information - extended information on the bill
    December 2021

    Further information

    For billing periods beginning on or after December 1, 2021, supplementary information must be provided with the annual statement.
    Minol's billing complies with legal requirements. You don't need to commission anything.

  • eMonitoring: Interim consumption information
    January 2022

    Interim consumption information

    Monthly consumption information for residents will become mandatory for properties with remote meter reading.
    Minol eMonitoring and Cloud2Cloud are the right solutions for property managers and residents alike.

  • Connectability to a smart meter gateway
    December 2022

    Smart Meter Gateway

    Only technology that can be securely connected to a Smart Meter Gateway (SMGW) may be installed.
    Minol Connect already offers this today.

  • End 2026

    Digital measurement technology

    Remotely readable measuring equipment will become mandatory.
    All measurement technology must be converted to radio by the end of 2026 at the latest.

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Since January 2022, landlords and property managers in properties with wireless meter readings have been required by the German Heating Costs Ordinance (HKVO) to provide their tenants with monthly consumption information. Minol now offers the new Minol App for this purpose, which – enhanced with new features – replaces the previous app. One key focus is monitoring one's own CO₂ emissions.

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The heating cost regulations over the years

§ 1 Application

2009 versionCurrent version
(1) This Regulation applies to the allocation of the costs of operating central heating systems and central hot water supply systems, and of the independent commercial supply of heat and hot water, including from systems referred to in point 1 (heat supply, hot water supply) by the building owner to the users of the rooms supplied with heat or hot water.(1) This Regulation shall apply to the distribution of the costs of operating central heating systems and central hot water supply systems, the independent commercial supply of heat and hot water, including from systems referred to in point 1 (heat supply, hot water supply) by the building owner to the users of the rooms supplied with heat or hot water.
(2) The building owner has the same rights as anyone entitled to grant use in their own name and for their own account, and anyone to whom the operation of facilities within the meaning of Section 1 Paragraph 1 No. 1 has been transferred in such a way that they are entitled to demand payment from the user. In the case of condominium ownership, this is the community of condominium owners in relation to the condominium owner, and in the case of the letting of one or more condominiums, it is the condominium owner in relation to the tenant.(2) The building owner shall have equal rights to: persons entitled to grant use in their own name and for their own account; persons to whom the operation of facilities within the meaning of Section 1 Paragraph 1 No. 1 has been transferred in such a way that they are entitled to demand payment from the user; in the case of condominium ownership, the community of condominium owners in relation to the condominium owner; in the case of the letting of one or more condominiums, the condominium owner in relation to the tenant.
(3) This Regulation shall also apply to the allocation of the costs of the supply of heat and hot water to the users of the rooms supplied with heat or hot water, insofar as the supplier bills the users directly and bases the calculation not on the consumption measured for the individual user, but on the users' shares of the total consumption; in these cases, the rights and obligations of the building owner under this Regulation shall apply to the supplier.(3) This Regulation shall also apply to the allocation of the costs of the supply of heat and hot water to the users of the rooms supplied with heat or hot water, insofar as the supplier bills the users directly and bases the calculation not on the consumption measured for the individual user, but on the users' shares of the total consumption; in these cases, the rights and obligations of the building owner under this Regulation shall apply to the supplier.
(4) This Regulation shall also apply to tenancies of rent-controlled housing, unless otherwise provided for therein.(4) This Regulation shall also apply to tenancies of rent-controlled housing, unless otherwise provided for therein.

§ 2 Priority over contractual provisions

2009 versionCurrent version
Except in the case of buildings with no more than two apartments, one of which is occupied by the landlord himself, the provisions of this regulation take precedence over contractual provisions.Except in the case of buildings with no more than two apartments, one of which is occupied by the landlord himself, the provisions of this regulation take precedence over contractual provisions.

§ 3 Application to Condominium Ownership

2009 versionCurrent version
The provisions of this regulation apply to condominium ownership, regardless of whether the condominium owners have agreed or resolved to deviate from this regulation regarding the distribution of heating and hot water costs. The installation and selection of fixtures according to the relevant sections are also affected. 4 and 5 as well as the distribution of costs and other decisions of the building owner according to the §§ 6   9b and 11 The regulations governing the management of common property contained in the Condominium Act or agreed upon by the condominium owners shall apply accordingly. The costs for installing the fixtures shall be distributed in accordance with the regulations concerning the allocation of administrative costs.The provisions of this regulation apply to condominium ownership regardless of whether the condominium owners have agreed or resolved to provide different arrangements for the distribution of heating and hot water costs. The regulations contained in the Condominium Act or agreed upon by the condominium owners for the management of common property apply accordingly to the installation and selection of fixtures pursuant to Sections 4 and 5, as well as to the distribution of costs and other decisions of the building owner pursuant to Sections 6 to 9b and 11. The costs for installing fixtures are to be distributed in accordance with the regulations provided therein for the allocation of administrative costs.

§ 4 Obligation to record consumption

2009 versionCurrent version
(1) The building owner shall record the proportionate consumption of heat and hot water by the users.(1) The building owner shall record the proportionate consumption of heat and hot water by the users.
(2) The building owner must equip the premises with metering devices; the users must tolerate this. If the building owner intends to rent the metering devices or procure them through another form of leasing, he must inform the users in advance, specifying the resulting costs; the measure is inadmissible if a majority of the users object within one month of receiving the notification. The choice of equipment remains at the discretion of the building owner within the framework of Section 5.(2) The building owner must equip the premises with metering devices; the users must tolerate this. If the building owner intends to rent the metering devices or procure them through another form of leasing, he must inform the users in advance, specifying the resulting costs; the measure is inadmissible if a majority of the users object within one month of receiving the notification. The choice of equipment remains at the discretion of the building owner within the framework of Section 5.
(3) Commonly used rooms are exempt from the obligation to record consumption. This does not apply to common rooms with high heat or hot water consumption due to their use, such as swimming pools or saunas.(3) Commonly used rooms are exempt from the obligation to record consumption. This does not apply to common rooms with high heat or hot water consumption due to their use, such as swimming pools or saunas.
(4) The user is entitled to demand that the building owner fulfill these obligations.(4) The user is entitled to demand that the building owner fulfill these obligations.

§ 5 Equipment for recording consumption

2009 versionCurrent version
(1) Heat meters or heat cost allocators must be used to record the proportionate heat consumption, and hot water meters or other suitable equipment must be used to record the proportionate hot water consumption. Unless calibration regulations apply, only equipment for consumption recording may be used for which expert bodies have confirmed that it complies with recognized engineering standards or that its suitability has been demonstrated in another way. Expert bodies are defined as those whose suitability has been confirmed by the competent authority under state law in consultation with the German Federal Institute of Physics and Metrology (PTB). The equipment must be suitable for the respective heating system and installed in such a way as to ensure its technically sound operation.(1) Heat meters or heat cost allocators must be used to record the proportionate heat consumption, and hot water meters must be used to record the proportionate hot water consumption. Unless calibration regulations apply, only equipment for recording consumption may be used for which expert bodies have confirmed that it complies with recognized engineering standards or that its suitability has been demonstrated in another way. Only those bodies whose suitability has been confirmed by the competent authority under state law in consultation with the German Federal Institute of Physics and Metrology (PTB) are considered expert bodies. The equipment must be suitable for the respective heating system and installed in such a way as to ensure its technically sound operation.
(2) If the consumption of users supplied by a system as defined in Section 1(1) is not recorded using identical equipment, the shares of the groups of users whose consumption is recorded using identical equipment must first be determined by preliminary recording of the total consumption. The building owner may also carry out preliminary recording by user group in the case of different types of use or buildings, or for other justifiable reasons.(2) Metering equipment pursuant to paragraph 1 sentence 1 and Section 9 paragraph 2 sentence 1, installed after December 1, 2021, must be remotely readable and guarantee data protection and data security in accordance with the state of the art. Metering equipment is considered remotely readable if it can be read without access to individual units. From December 1, 2022, only remotely readable equipment that can be securely connected to a smart meter gateway pursuant to Section 2 sentence 1 number 19 of the Metering Point Operation Act of August 29, 2016 (Federal Law Gazette I p. 2034), as last amended by Article 10 of the Act of July 16, 2021 (Federal Law Gazette I p. 3026), and in compliance with the state of the art as laid down in the protection profiles and technical guidelines of the Federal Office for Information Security pursuant to the Metering Point Operation Act, may be installed. Paragraphs 1 to 3 shall not apply if a single meter or heat cost allocator is replaced or supplemented which is part of an overall system and the other meters or heat cost allocators of this overall system are not remotely readable at the time of replacement or supplementation.
 (3) Non-remotely readable consumption metering equipment installed before 1 December 2021 or after 1 December 2021 in accordance with paragraph 2, sentence 4, must comply with the requirements of paragraphs 2 and 5 by retrofitting or replacement by 31 December 2026. Sentence 1 does not apply if, in a specific case, this is technically impossible due to special circumstances or would result in unreasonable expense or otherwise cause undue hardship.
 (4) Remotely readable consumption recording equipment installed before 1 December 2022 must, after 31 December 2031, meet the requirements of paragraph 2 sentence 3 and paragraph 5 by retrofitting or replacement.
 (5) From 1 December 2022, only remotely readable consumption metering devices may be installed that, including their interfaces, are interoperable with similar devices from other manufacturers and comply with the state of the art. Interoperability must be ensured in such a way that, if another person takes over the meter reading, they can remotely read the consumption metering devices themselves. The key material for the remotely readable consumption metering devices must be provided to the building owner free of charge.
 (6) Compliance with the state of the art as defined in paragraphs 2 and 5 is presumed if protection profiles and technical guidelines published by the Federal Office for Information Security are adhered to, or if the consumption recording equipment is connected to a smart meter gateway pursuant to Section 2 sentence 1 number 19 of the Metering Point Operation Act and the protection profiles and technical guidelines applicable under the Metering Point Operation Act are adhered to. If the building owner has made use of the option provided in Section 6 paragraph 1 of the Metering Point Operation Act for the heating energy sector, remotely readable consumption recording equipment as defined in paragraphs 2 and 3 must be connected to existing smart meter gateways pursuant to Section 2 sentence 1 number 19 of the Metering Point Operation Act.
 (7) If the consumption of users supplied by a system as defined in Section 1(1) is not recorded using identical equipment, the shares of the groups of users whose consumption is recorded using identical equipment must first be determined by preliminary recording of the total consumption. The building owner may also carry out preliminary recording by user group in the case of different types of use or buildings, or for other justifiable reasons.
 (8) The Federal Government shall evaluate the impact of the provisions in paragraphs 2, 5 and 6 on tenants three years after 1 December 2021, in particular with regard to additional operating costs due to remotely readable equipment and the benefits of such equipment for tenants. The evaluation report shall be published no later than 31 August 2025.

§ 6 Obligation to allocate costs based on consumption

2009 versionCurrent version
(1) The building owner shall allocate the costs of heating and hot water supply to the individual users based on consumption readings in accordance with Sections 7 to 9. The reading results should generally be communicated to the user within one month. Separate notification is not required if the reading results are stored in the user's premises for a longer period and can be accessed by the user. Separate notification of hot water consumption is also not required if a hot water meter is installed in the unit.(1) The building owner shall allocate the costs of heating and hot water supply to the individual users based on consumption readings in accordance with Sections 7 to 9. The reading results for non-remotely readable equipment should generally be communicated to the user within one month. Separate notification is not required if the reading results are stored in the user's premises for a longer period and can be accessed by the user. Separate notification of hot water consumption is also not required if a hot water meter is installed in the unit.
(2) In the cases referred to in Section 5(2), the costs shall initially be allocated to the user groups at least 50 percent according to the ratio of their recorded shares of total consumption. If the costs are not fully allocated according to the ratio of their recorded shares of total consumption, the following shall apply: the remaining costs of heating shall be allocated to the individual user groups according to the living space or usable area or the enclosed volume; the living space or usable area or the enclosed volume of the heated rooms may also be used as a basis; the remaining costs of hot water supply shall be allocated to the individual user groups according to the living space or usable area.
The cost shares of the user groups are then to be distributed among the individual users in accordance with paragraph 1.		(2) In the cases referred to in Section 5(2), the costs must first be allocated to the user groups at least 50 percent according to the ratio of their recorded shares of total consumption. If the costs are not fully allocated according to the ratio of their recorded shares of total consumption, the remaining costs of heating must be allocated to the individual user groups according to living space or usable area, or according to the enclosed volume; the living space or usable area, or the enclosed volume of the heated rooms, may also be used as the basis for allocation. The remaining costs of hot water supply must then be allocated to the individual user groups according to living space or usable area. The cost shares of the user groups are then to be allocated to the individual users in accordance with paragraph 1.
(3) In the cases referred to in Section 4(3), second sentence, the costs shall be allocated between the common areas and the other rooms according to the ratio of their respective shares of the total consumption. The allocation of the costs attributable to the common areas shall be governed by contractual provisions.(3) In the cases referred to in Section 4(3), second sentence, the costs shall be allocated between the common areas and the other rooms according to the ratio of their respective shares of the total consumption. The allocation of the costs attributable to the common areas shall be governed by contractual provisions.
(4) The choice of billing methods pursuant to paragraph 2 and Sections 7(1), sentence 1, 8, and 9 remains at the discretion of the building owner. The building owner may change these methods for future billing periods by notifying the users: upon the introduction of preliminary recording by user group, after the implementation of structural measures that result in sustained savings in heating energy, or for other justifiable reasons after their initial determination. The establishment and amendment of the billing methods are only permissible with effect from the beginning of a billing period.(4) The choice of billing methods pursuant to paragraph 2 and pursuant to Section 7 paragraph 1 sentence 1, Sections 8 and 9 remains at the discretion of the building owner. The building owner may change these methods for future billing periods by notifying the users upon the introduction of preliminary recording by user group, after the implementation of structural measures that result in sustained savings in heating energy, or for other justifiable reasons after their initial determination. The establishment and amendment of the billing methods are only permissible with effect from the beginning of a billing period.

§ 6a Billing and consumption information; information in the billing statement

2009 versionCurrent version
-(1) Where remotely readable equipment for recording consumption has been installed, the building owner shall provide users with billing or consumption information for heating and hot water based on actual consumption or readings from heat cost allocators at the following intervals: for all billing periods beginning on or after 1 December 2021, a) at the request of the user or if the building owner has opted to receive the bill electronically from the utility company, at least quarterly; and b) otherwise at least twice a year; 2. from 1 January 2022, monthly.
 (2) Consumption information referred to in paragraph 1, point 2, shall contain at least the following information: the user’s consumption in kilowatt hours in the last month, a comparison of this consumption with the consumption of the previous month of the same user and with the corresponding month of the previous year of the same user, insofar as such data have been collected, and a comparison with the consumption of a standardized average user or an average user determined by comparative tests of the same user category.
 (3) Where billing is based on actual consumption or on the readings of heat cost allocators, the building owner must make the following information available to users together with the billing statements for billing periods beginning on or after 1 December 2021: Information about
a) the share of energy carriers used and, for users supplied with district heating from district heating systems, also the associated annual greenhouse gas emissions and the primary energy factor of the district heating network, but for district heating systems with a total thermal output of less than 20 megawatts only from 1 January 2022
b) the taxes, duties and customs duties levied,
c) the charges for the provision and use of the equipment for recording consumption, including calibration, as well as for meter reading and billing; contact information, including internet addresses of consumer organizations, energy agencies or similar bodies where information on offered energy efficiency improvement measures, end-user comparison profiles and objective technical specifications for energy-related appliances can be obtained; in the case of a consumer contract pursuant to Section 310 Paragraph 3 of the German Civil Code, information on the possibility of conducting dispute resolution proceedings under the Consumer Dispute Resolution Act, whereby Sections 36 and 37 of the Consumer Dispute Resolution Act remain unaffected; comparisons with the consumption of a standardized or comparatively determined average user of the same user category, whereby in the case of electronic billing such a comparison may be made available online and referenced in the billing statement; a graphical comparison of the weather-adjusted energy consumption of the user's most recent billing period with their weather-adjusted energy consumption in the previous billing period. According to paragraph 1, number 5, this includes heat consumption and hot water consumption. Heat consumption must be adjusted for weather conditions using a method that complies with recognized engineering standards. Compliance with recognized engineering standards is presumed if simplifications are used for comparing weather-adjusted energy consumption figures, and these simplifications have been jointly published in the Federal Gazette by the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of the Interior, Building and Community.
 (4) The obligations under Section 556 paragraph 3 of the Civil Code remain unaffected.
 (5) Bills which are not based on actual consumption or on the readings of heat cost allocators must contain at least the information referred to in paragraph 3 sentence 1 numbers 2 and 3.

§ 6b Admissibility and scope of data processing

2009 versionCurrent version
-The collection, storage and use of data from remotely readable equipment for consumption recording may only be carried out by the building owner or a third party commissioned by him and insofar as this is necessary: ​​for the fulfillment of the consumption-based cost allocation and for billing the user in accordance with Section 6 or for the fulfillment of the information obligations in accordance with Section 6a.

§ 7 Distribution of the costs of heat supply

2009 versionCurrent version
(1) At least 50 percent and at most 70 percent of the operating costs of the central heating system must be allocated according to the recorded heat consumption of the users. In buildings that do not meet the requirements of the Thermal Insulation Ordinance of August 16, 1994 (Federal Law Gazette I, p. 2121), that are heated with oil or gas, and in which the exposed heat distribution pipes are predominantly insulated, 70 percent of the operating costs of the central heating system must be allocated according to the recorded heat consumption of the users. In buildings in which the exposed heat distribution pipes are predominantly uninsulated and therefore a significant proportion of the heat consumption is not recorded, the heat consumption of the users may be determined according to recognized engineering standards. The consumption of the individual users determined in this way is taken into account as recorded heat consumption pursuant to sentence 1. The remaining costs are to be allocated according to the living space or usable area or the enclosed volume; the living space or usable area or the enclosed volume of the heated rooms may also be used as the basis.(1) At least 50 percent and at most 70 percent of the operating costs of the central heating system must be allocated according to the recorded heat consumption of the users. In buildings that do not meet the requirements of the Thermal Insulation Ordinance of August 16, 1994 (Federal Law Gazette I, p. 2121), that are heated with oil or gas, and in which the exposed heat distribution pipes are predominantly insulated, 70 percent of the operating costs of the central heating system must be allocated according to the recorded heat consumption of the users. In buildings in which the exposed heat distribution pipes are predominantly uninsulated and therefore a significant proportion of the heat consumption is not recorded, the heat consumption of the users may be determined according to recognized engineering standards. The consumption of the individual users determined in this way is taken into account as recorded heat consumption pursuant to sentence 1. The remaining costs are to be allocated according to the living space or usable area or the enclosed volume; the living space or usable area or the enclosed volume of the heated rooms may also be used as the basis.
(2) The costs of operating the central heating system, including the exhaust system, include the costs of the fuel consumed and its delivery, the costs of the electricity used, the costs of operating, monitoring, and maintaining the system, the costs of regularly checking its operational readiness and safety, including adjustments by a qualified professional, the costs of cleaning the system and the boiler room, the costs of measurements required under the Federal Immission Control Act, the costs of renting or otherwise leasing equipment for recording consumption, and the costs of using such equipment, including calibration costs and the costs of calculating, allocating, and analyzing consumption. The consumption analysis should, in particular, reflect the development of costs for heating and hot water supply over the past three years.(2) The costs of operating the central heating system, including the exhaust system, include the costs of the electricity and fuel consumed for heat generation and their supply, the costs of the operating electricity, the costs of operating, monitoring and maintaining the system, the regular testing of its operational readiness and safety, including adjustments by a qualified professional, the cleaning of the system and the operating room, the costs of measurements in accordance with the Federal Immission Control Act, the costs of renting or otherwise leasing equipment for recording consumption, and the costs of using such equipment, including the costs of calibration and the costs of calculating, allocating and providing billing and consumption information in accordance with Section 6a.
(3) Paragraph 1 shall apply mutatis mutandis to the distribution of the costs of the supply of heat.(3) Paragraph 1, sentences 1 and 3 to 5, shall apply mutatis mutandis to the distribution of the costs of the supply of heat.
(4) The costs of heat supply shall include the charge for the heat supply and the costs of operating the associated building systems in accordance with paragraph 2.(4) The costs of heat supply shall include the charge for the heat supply and the costs of operating the associated building systems in accordance with paragraph 2.

§ 8 Distribution of the costs of hot water supply

2009 versionCurrent version
(1) Of the costs of operating the central hot water supply system, at least 50 percent and at most 70 percent shall be allocated according to the recorded hot water consumption, and the remaining costs according to the living or usable area.(1) Of the costs of operating the central hot water supply system, at least 50 percent and at most 70 percent shall be allocated according to the recorded hot water consumption, and the remaining costs according to the living or usable area.
(2) The costs of operating the central hot water supply system include the costs of the water supply, insofar as they are not billed separately, and the costs of water heating in accordance with Section 7(2). The costs of the water supply include the costs of water consumption, the basic charges and the meter rental, the costs of using submeters, the costs of operating an in-house water supply system and a water treatment plant, including the treatment chemicals.(2) The costs of operating the central hot water supply system include the costs of the water supply, insofar as they are not billed separately, and the costs of water heating in accordance with Section 7(2). The costs of the water supply include the costs of water consumption, the basic charges and the meter rental, the costs of using submeters, the costs of operating an in-house water supply system and a water treatment plant, including the treatment chemicals.
(3) Paragraph 1 shall apply mutatis mutandis to the distribution of the costs of hot water supply.(3) Paragraph 1 shall apply mutatis mutandis to the distribution of the costs of hot water supply.
(4) The costs of hot water supply include the charge for the supply of hot water and the costs of operating the associated building systems in accordance with Section 7(2).(4) The costs of hot water supply include the charge for the supply of hot water and the costs of operating the associated building systems in accordance with Section 7(2).

§ 9 Distribution of the costs of supplying heat and hot water in combined systems

2009 versionCurrent version
(1) If the central heating system is connected to the central hot water supply system, the operating costs incurred jointly must be allocated. For systems with boilers, the shares of the costs incurred jointly are to be determined according to the shares of fuel consumption or energy consumption; for independent commercial heat supply, they are to be determined according to the shares of heat consumption. Costs that were not incurred jointly must be added to the share of the costs incurred jointly. The share of the central heating system is calculated from the total consumption after deducting the consumption of the central hot water supply system. For systems that are supplied with heat neither by boilers nor by independent commercial heat supply, recognized engineering standards may be used to allocate the costs. The share of the central hot water supply system in heat consumption is to be determined according to paragraph 2, and the share in fuel consumption according to paragraph 3.(1) If the central heating system is connected to the central hot water supply system, the operating costs incurred jointly must be allocated. For systems with boilers, the shares of the costs incurred jointly are to be determined according to the shares of fuel consumption or energy consumption; for heat pumps or independent commercial heat supply, they are to be determined according to the shares of heat consumption. Costs that were not incurred jointly must be added to the share of the costs incurred jointly. The share of the central heating system is calculated from the total consumption after deducting the consumption of the central hot water supply system. For systems that are not exclusively supplied with heat by boilers, heat pumps, or independent commercial heat supply, recognized engineering standards may be used to allocate the costs. The share of the central hot water supply system in heat consumption is to be determined according to paragraph 2, and the share in fuel consumption according to paragraph 3.
(2) The amount of heat (Q) supplied to the central hot water supply system must be measured with a heat meter from 31 December 2013. If the amount of heat can only be measured with an unreasonably high effort, it may be calculated according to the equation

                 kWh
Q = 2,5 ———— V (tw – 10 °C)
                m³ · K

The following are to be determined: the measured volume of hot water consumed (V) in cubic meters (m³); the measured or estimated average temperature of the hot water (tw) in degrees Celsius (°C).
If, in exceptional cases, neither the amount of heat nor the volume of hot water consumed can be measured, the amount of heat attributable to the central hot water supply system can be determined according to the following equation.

                 kWh
Q = 32 · —————- · Aresidential
              m² AWohn

The basis for calculation is the living or usable area (AWohn) supplied with hot water by the central system. The heat quantity (Q) determined according to the equations in sentence 2 or 4 is to be multiplied by 1,11 for condensing-based billing of natural gas and divided by 1,15 for independent commercial heat supply.		(2) The amount of heat (Q) supplied to the central hot water supply system shall be measured with a heat meter. If the amount of heat can only be measured with an unreasonably high effort, it can be determined as a result in kilowatt-hours per year using the following equation: Q = 2,5 x V x (tw -10) The following values ​​must be taken into account: the value 2,5 for the efficiency factor of the heat generator, the average specific heat capacity of the water, the heat losses for hot water storage, distribution including circulation, measurement data on hot water consumption, the measured volume of hot water consumed (V) in cubic meters, the measured or estimated average temperature of the hot water (tw) in degrees Celsius, and the value 10 for the usual cold water inlet temperature to the hot water supply system in degrees Celsius. If, in exceptional cases, neither the amount of heat nor the volume of hot water consumed can be measured, the amount of heat attributable to the central hot water supply system can be determined as a result in kilowatt hours per year using the following numerical equation: Q = 32 x AresidentialThe following values ​​must be taken into account: the value 32 for the useful heat demand for hot water, the efficiency factor of the heat generator, measurement data on hot water consumption, and the living or usable area (AWohn) in square meters supplied with hot water by the central system. The heat quantity (Q) determined according to the numerical equations in sentence 2 or 4 is to be multiplied by 1,11 for condensing-based billing of natural gas, divided by 1,15 for independent commercial heat supply, and multiplied by 0,30 for the operation of a monovalent heat pump.
(3) For installations with boilers, the fuel consumption of the central hot water supply system (B) in liters, cubic meters, kilograms or cubic meters of bulk volume shall be calculated according to the equation

      Q
B = —
      Hi

to determine.

The basis for calculation is the amount of heat (Q) supplied to the central hot water supply system according to paragraph 2 in kWh; the calorific value of the fuel consumed (Hi) in kilowatt hours (kWh) per liter (l), cubic meter (m³), kilogram (kg) or cubic meter of loose material (SRm).
Hi values ​​can be used for
Light heating oil EL 10 kWh/l
Heavy heating oil 10,9 kWh/l
Natural gas H 10 kWh/m³
Natural gas L 9 kWh/m³
Liquefied petroleum gas 13,0 kWh/kg
Coke 8,0 kWh/kg
Lignite 5,5 kWh/kg
Hard coal 8,0 kWh/kg
Wood (air-dried) 4,1 kWh/kg
Wood pellets 5,0 kWh/kg
Wood chips 650 kWh/SRm
If the billing documents from the energy supplier or fuel provider contain Hi values, these should be used. If billing is based on kWh values, conversion to fuel consumption is not necessary.		(3) For installations with boilers, the fuel consumption of the central hot water supply system (B) in liters, cubic meters or kilograms shall be determined according to the following equation: Q
B = —
       The following must be taken into account: the amount of heat (Q) supplied to the central hot water supply system according to paragraph 2 in kWh; the calorific value of the fuel consumed (Hi) in kilowatt hours per liter, cubic meter or kilogram. The calorific values ​​to be used according to sentence 2 number 2 are those specified in the billing documents of the energy supply company or fuel supplier. If these values ​​are not specified by the energy supplier or fuel provider, the following values ​​can be used as a guideline: Calorific Value Unit Light heating oil extra light 10 kilowatt hours per liter Heavy heating oil 10,9 kilowatt hours per liter Natural gas H 10 kilowatt hours per cubic meter Natural gas L 9 kilowatt hours per cubic meter Liquefied petroleum gas 13 kilowatt hours per kilogram Coke 8 kilowatt hours per kilogram Lignite 5,5 kilowatt hours per kilogram Bituminous coal 8 kilowatt hours per kilogram Firewood (air-dried) 4,4 kilowatt hours per kilogram Wood pellets 5 kilowatt hours per kilogram Wood chips (air-dried) 4 kilowatt hours per kilogram If billing is based on kilowatt-hour values, conversion to fuel consumption is not necessary.
(4) The share of the costs of the supply of heat shall be allocated in accordance with Section 7(1) and the share of the costs of the supply of hot water in accordance with Section 8(1), unless otherwise provided or permitted by this Regulation.(4) The share of the costs of the supply of heat shall be allocated in accordance with Section 7(1) and the share of the costs of the supply of hot water in accordance with Section 8(1), unless otherwise provided or permitted by this Regulation.

§ 9a Cost allocation in special cases

2009 versionCurrent version
(1) If the proportionate heat or hot water consumption of users cannot be properly recorded for a billing period due to equipment failure or other compelling reasons, the building owner must determine it based on the consumption of the affected rooms in comparable periods, or the consumption of comparable other rooms in the respective billing period, or the average consumption of the building or the user group. The proportionate consumption thus determined must be used as the basis for cost allocation instead of the recorded consumption.(1) If the proportionate heat or hot water consumption of users cannot be properly recorded for a billing period due to equipment failure or other compelling reasons, the building owner must determine it based on the consumption of the affected rooms in comparable periods, or the consumption of comparable other rooms in the respective billing period, or the average consumption of the building or the user group. The proportionate consumption thus determined must be used as the basis for cost allocation instead of the recorded consumption.
(2) If the living or usable area or the enclosed space affected by the consumption determination pursuant to paragraph 1 exceeds 25 percent of the total living or usable area or the total enclosed space relevant for the allocation of costs, the costs shall be allocated exclusively according to the standards to be applied pursuant to Section 7 paragraph 1 sentence 5 and Section 8 paragraph 1 for the allocation of the remaining costs.(2) If the living or usable area or the enclosed space affected by the consumption determination pursuant to paragraph 1 exceeds 25 percent of the total living or usable area or the total enclosed space relevant for the allocation of costs, the costs shall be allocated exclusively according to the standards to be applied pursuant to Section 7 paragraph 1 sentence 5 and Section 8 paragraph 1 for the allocation of the remaining costs.

§ 9b Cost sharing in case of change of user

2009 versionCurrent version
(1) In the event of a change of occupant within a billing period, the building owner shall have a meter reading taken. Equipment for recording consumption to take interim meter readings of the rooms affected by the change.(1) In the event of a change of occupant within a billing period, the building owner shall have a meter reading taken. Equipment for recording consumption to take interim meter readings of the rooms affected by the change.
(2) The costs to be allocated according to the recorded consumption shall be on the basis of the interim meter reading, the remaining costs of heat consumption on the basis of the recognized rules of technology. Degree day figures or to divide the remaining costs of hot water consumption proportionally between previous and subsequent users.(2) The costs to be allocated according to the recorded consumption shall be on the basis of the interim meter reading, the remaining costs of heat consumption on the basis of the recognized rules of technology. Degree day figures or to divide the remaining costs of hot water consumption proportionally between previous and subsequent users.
(3) If an interim meter reading is not possible or if, due to the timing of the change of user, it does not allow for a sufficiently accurate determination of the consumption shares for technical reasons, the total costs shall be allocated according to the standards applicable to the other costs pursuant to paragraph 2.(3) If an interim meter reading is not possible or if, due to the timing of the change of user, it does not allow for a sufficiently accurate determination of the consumption shares for technical reasons, the total costs shall be allocated according to the standards applicable to the other costs pursuant to paragraph 2.
(4) Contractual provisions that deviate from paragraphs 1 to 3 shall remain unaffected.(4) Contractual provisions that deviate from paragraphs 1 to 3 shall remain unaffected.

§ 10 Exceeding the maximum rates

2009 versionCurrent version
Legal provisions that provide for higher maximum rates than the 70 percent specified in Section 7 Paragraph 1 and Section 8 Paragraph 1 remain unaffected.Legal provisions that provide for higher maximum rates than the 70 percent specified in Section 7 Paragraph 1 and Section 8 Paragraph 1 remain unaffected.

§ 11 Exceptions

2009 versionCurrent version
(1) Insofar as Sections 3 to 7 relate to the supply of heat, they shall not apply to rooms,
a) in buildings with a heating energy demand of less than 15 kWh/(m² · a),
b) where the installation of equipment for recording consumption, the recording of heat consumption or the distribution of the costs of heat consumption is not possible or only possible at disproportionately high costs; disproportionately high costs exist if these cannot be recouped by the savings that can generally be achieved within ten years; or
c) which were completed before 1 July 1981 and in which the user cannot influence the heat consumption;

a) on retirement and nursing homes, student and apprentice dormitories,
b) comparable buildings or parts of buildings whose use is reserved for groups of persons with whom, due to their special personal circumstances, normal lease agreements are not usually concluded;

on rooms in buildings that are predominantly supplied
a) with heat from heat recovery systems or from heat pump or solar systems or
b) with heat from combined heat and power plants or from waste heat recovery plants, provided that the building's heat consumption is not recorded, if the competent authority under state law has granted an exception in the interest of energy conservation and the user;

on the costs of operating the associated building systems, insofar as these costs are not included in the costs of heat supply in the cases of Section 1 Paragraph 3, but are billed separately by the building owner;

in other individual cases where the competent authority under state law has exempted the applicant from the requirements of this regulation due to special circumstances in order to avoid unreasonable expense or other undue hardship.		(1) Insofar as Sections 3 to 7 relate to the supply of heat, they shall not apply to rooms,
a) in buildings with a heating energy demand of less than 15 kWh/(m² · a),
b) where the installation of equipment for recording consumption, the recording of heat consumption or the distribution of the costs of heat consumption is not possible or only possible at disproportionately high costs; disproportionately high costs exist if these cannot be recouped by the savings that can generally be achieved within ten years; or
c) which were completed before 1 July 1981 and in which the user cannot influence the heat consumption;

a) on retirement and nursing homes, student and apprentice dormitories,
b) comparable buildings or parts of buildings whose use is reserved for groups of persons with whom, due to their special personal circumstances, normal lease agreements are not usually concluded;

on rooms in buildings that are predominantly supplied
a) with heat from heat recovery systems or from solar systems or
b) with heat from combined heat and power plants or from waste heat recovery plants, provided that the building's heat consumption is not recorded;

on the costs of operating the associated building systems, insofar as these costs are not included in the costs of heat supply in the cases of Section 1 Paragraph 3, but are billed separately by the building owner;

in other individual cases where the competent authority under state law has exempted the applicant from the requirements of this regulation due to special circumstances in order to avoid unreasonable expense or other undue hardship.
(2) Insofar as Sections 3 to 6 and Section 8 relate to the supply of hot water, paragraph 1 shall apply accordingly.(2) Insofar as Sections 3 to 6 and Section 8 relate to the supply of hot water, paragraph 1 shall apply accordingly.

§ 12 Right to reduce payments, transitional provisions

2009 versionCurrent version
(1) If the costs of supplying heat or hot water are not billed according to consumption, contrary to the provisions of this regulation, the user has the right to reduce their share of the costs by 15 percent. This does not apply to condominium ownership in the relationship between the individual condominium owner and the community of condominium owners; in this respect, the general provisions remain in effect.(1) If the costs of heating or hot water supply are not billed according to consumption, contrary to the provisions of this regulation, the user has the right to reduce their share of the costs by 15 percent. If the building owner has not installed remotely readable equipment for recording consumption, contrary to Section 5, paragraph 2 or 3, the user has the right to reduce their share of the costs by 3 percent. The same applies if the building owner does not provide the information required under Section 6a, or does not provide it completely. Sentences 1 to 3 do not apply to condominium ownership in the relationship between the individual condominium owner and the condominium owners' association; in this respect, the general provisions remain in effect.
(2) The requirements of Section 5 Paragraph 1 Sentence 2 shall be deemed fulfilled until December 31, 2013, for hot water cost allocators that were in place on January 1, 1987, for recording the proportionate hot water consumption and for other equipment for recording consumption that was already in place on July 1, 1981. (3) For rent-controlled apartments within the meaning of the New Construction Rent Ordinance 1970, Paragraph 2 shall apply with the proviso that the date “July 1, 1981” shall be replaced by the date “August 1, 1984”. (4) Section 1 Paragraph 3, Section 4 Paragraph 3 Sentence 2, and Section 6 Paragraph 3 shall apply to billing periods beginning after September 30, 1989. Contractual provisions regarding the earlier application of these regulations remain unaffected. (5) If, in the cases referred to in Section 1(3), the heat consumption of individual users is determined on September 30, 1989, using devices for measuring the amount of water, the requirement of Section 5(1) shall be deemed to be fulfilled. (6) For billing periods that began before January 1, 2009, this Regulation shall continue to apply in the version in force until December 31, 2008.(2) If, in the cases referred to in Section 1(3), the heat consumption of the individual users on 30 September 1989 is determined using devices for measuring the quantity of water, the requirement of Section 5(1), first sentence, shall be deemed to be fulfilled.
 (3) If the proportionate consumption of heat or hot water from heat pumps by users is not yet recorded on 1 October 2024, the building owner must install consumption recording equipment by 30 September 2025. In the cases referred to in sentence 1, the provisions of this Regulation shall apply for the first time to the billing period beginning after the installation. The owner of a rented building in which at least one tenant pays a gross rent including heating shall determine the following before the start of the first billing period after 30 September 2025: the average annual cost of heating and hot water supply incurred in 2022, 2023 and 2024, and the share of each unit in the determined average according to its living or usable floor area.