Heating costs are recognized based on usage.
Rental contract, the additional costs can be detected varied. The easiest way is to agree on a simple monthly rent (inclusive rent) or a heating costs would be. Then the tenant would pay a lump sum, which contains the basic rent and all utility costs. This would not in the sense of the legislator.
Charges for energy must be recorded based on consumption
- The legislator is trying to curb energy consumption. This is the purpose the heating regulation. They ultimately aim to encourage the tenant to a consumption-conscious energy behavior. This is only possible if the tenant's energy consumption at least partially paid based on consumption. Would he be able to settle the energy consumption independently, this would be counterproductive. Therefore, the agreement of a warm rent or included rent or heating costs is not allowed.
- The heating regulation therefore requires the owner to capture the proportionate consumption of tenants for heating and hot water. To this end, he shall be provided with metering devices the apartment. The tenant must tolerate this (§ 4 HeizkV).
Consumption share of heating and hot water for at least 50 percent
- The energy consumption of the tenant for heating and hot water needs of the owner at least 50 percent, more than 70 percent report using the consumption and to forward to the tenant. Unless approve all tenants of a multi-family residential buildings, the share of consumption can be up to 100 percent. The agreement of a lower consumption ratio than 50 percent, however, is not permitted.
- For the non-usage-consumption ratio can be agreed upon rental contract a specific allocation formula. Regularly this is the living space.
- Once a year, the landlord must create the service charge settlement. The detection of the energy consumption is transmitted normally a heat measuring service company. While calls for the law that an average educated tenants can nachverziehen a utility bill conceptually and mathematically should. However, this applies only to a limited considering its complexity for the heating bill. However, the landlord must the different positions with respect to the mentioned heating (fuel costs, maintenance costs, cleaning costs) and explain the distribution key. In addition, the billing period (12 months) must be clearly indicated. The time of reading is notified.
Exceptions to the consumption-based billing
- An exception to the consumption-based billing of costs for heating and hot water is, inter alia, when the metering is technically impossible or uneconomical. Uneconomical it is when the expected savings in energy consumption (for example, due to the installation of a hot water meter) is not sufficient to cover the investment and running costs. The effort will be for the consumption-based billing must therefore over a period of at least ten years covered by the energy savings (§ 11 HeizkV).
- An exception also exists in buildings with no more than two apartments, the landlord a self inhabited by them. Again, the parties may agree to warm rent or included rent or heating costs.
Otherwise, the heating regulation is a very complex set of rules. It is difficult to understand for the layman. It contains a number of times, difficult conceptual realities. Examples can illustrate this 9 HeizkV basis of §. The provision contains a complex calculation basis, if the energy consumption for hot water can not be measured with reasonable efforts. The amount of heat is then to detect the basis of a mathematical equation.