According to the law, operating costs are included in the rent. However, it can be agreed in the rental agreement that the tenant pays part of the operating costs separately. Only the items listed in the rental agreement have to be borne by the tenant.
A reference in the rental agreement to the operating costs ordinance in force since January 1, 2004, which contains the catalog of cost items that can be allocated in Section 2 of the BetrKV, is generally sufficient.
According to the Operating Costs Ordinance, allocable operating costs are:
- 1. the current public charges on the property,
This includes, in particular, property tax; - 2. the costs of water supply,
This includes the costs of water consumption, the basic fees, the costs of renting or other types of use of water meters as well as the costs of their use including the costs of calibration as well as the costs of calculation and distribution, the costs of maintaining water volume regulators, the costs of operation an in-house water supply system and a water treatment system including the treatment materials; - 3. the costs of drainage,
This includes the fees for house and property drainage, the costs of operating a corresponding non-public facility and the costs of operating a drainage pump; - 4. the costs
a) the operation of the central heating system including the exhaust system,
This includes the costs of the fuel used and its delivery, the costs of the operating electricity, the costs of operating, monitoring and maintaining the system, the regular inspection of its operational readiness and operational safety including the hiring by a specialist, the cleaning of the system and the operating room Costs of measurements in accordance with the Federal Immission Control Act, the costs of renting or other types of use of equipment for consumption recording as well as the costs of using equipment for consumption recording including the costs of calibration and the costs of calculation and distribution or
b) the operation of the central fuel supply system,
This includes the costs of the fuel used and its delivery, the costs of the operating electricity and the costs of monitoring as well as the costs of cleaning the system and the operating room or
c) the independent commercial supply of heat, including from systems within the meaning of letter a,
This includes the fee for the heat supply and the costs of operating the associated building systems in accordance with letter a or
d) cleaning and maintenance of floor heating systems and individual gas fireplaces,
This includes the costs of removing water deposits and
combustion residues in the system, the costs of regular testing of operational readiness and operational safety and the associated adjustment by a specialist as well as the costs of measurements in accordance with the Federal Immission Control Act; - 5. the costs
a) the operation of the central hot water supply system,
This includes the costs of water supply in accordance with number 2, insofar as they are not already taken into account there, and the costs of water heating in accordance with number 4 letter a or
b) the independent commercial supply of hot water, including from systems within the meaning of letter a,
This includes the fee for the supply of hot water and the costs of operating the associated building systems in accordance with number 4 letter a
or
c) cleaning and maintenance of hot water devices,
This includes the costs of removing water deposits and combustion residues inside the devices as well as the costs of regular testing of operational readiness and operational safety and the associated adjustment by a specialist; - 6. the costs of associated heating and hot water supply systems
a) for central heating systems in accordance with number 4 letter a and in accordance with number 2, insofar as they are not already taken into account there,
or
b) for the independent commercial supply of heat in accordance with number 4 letter c and in accordance with number 2, insofar as they are not already taken into account there, or
c) for connected floor heating and hot water supply systems in accordance with number 4 letter d and in accordance with number 2, insofar as they are not already taken into account there; - 7. the costs of operating the passenger or freight elevator,
This includes the costs of the operating electricity, the costs of supervision, operation, monitoring and maintenance of the system, the regular inspection of its operational readiness and operational safety, including the hiring of a specialist, and the costs of cleaning the system; - 8. the costs of street cleaning and garbage disposal,
The costs of street cleaning include the fees payable for public street cleaning and the costs of corresponding non-public measures; The costs of waste disposal include, in particular, the fees to be paid for waste collection, the costs of corresponding non-public measures, the costs of operating waste compressors, waste chutes, waste extraction systems and the operation of waste quantity recording systems, including the costs of calculation and distribution; - 9. the costs of building cleaning and vermin control,
The costs of building cleaning include the costs for cleaning the parts of the building shared by the residents, such as entrances, hallways, stairs, basements, attic rooms, laundry rooms, elevator cars; - 10. the costs of garden maintenance,
This includes the costs of maintaining landscaped areas including the renewal of plants and trees, the maintenance of playgrounds including the renewal of sand and the maintenance of squares, entrances and driveways that are used for non-public transport; - 11. the costs of lighting,
This includes the costs of electricity for outdoor lighting and the lighting of parts of the building shared by residents, such as entrances, hallways, stairs, basements, attic rooms, laundry rooms; - 12. the costs of chimney cleaning,
This includes the sweeping fees according to the applicable fee schedule, unless they have already been taken into account as costs according to number 4 letter a; - 13. the costs of property and liability insurance,
This includes in particular the costs of insuring the building against fire, storm, water and other natural hazards, glass insurance, liability insurance for the building, the oil tank and the elevator; - 14. the costs for the caretaker,
This includes remuneration, social contributions and all monetary benefits that the owner or person entitled to the building grants to the caretaker for his work, as long as this does not relate to maintenance, repairs, renewal, cosmetic repairs or property management; If work is carried out by the caretaker, costs for work in accordance with numbers 2 to 10 and 16 may not be included; - 15. the costs
- a) the operation of the community antenna system,
This includes the costs of operating electricity and the costs of regular testing of its operational readiness, including hiring by a specialist or the usage fee for an antenna system that is not part of the building, as well as the fees that arise under the Copyright Act for cable retransmission, or - b) the operation of private facilities connected to a broadband cable network
distribution system,
This includes the costs in accordance with letter a, as well as the ongoing monthly basic fees for broadband cable connections;
- a) the operation of the community antenna system,
- 16. the costs of operating the laundry facilities,
This includes the costs of operating electricity, the costs of monitoring, maintaining and cleaning the facilities, the regular inspection of their operational readiness and operational safety as well as the costs of the water supply in accordance with number 2, insofar as they are not already taken into account there; - 17. other operating costs,
This includes operating costs within the meaning of Section 1, which are not covered by numbers 1 to 16. It is legal to agree on an appropriate advance payment for operating costs in the rental agreement. The landlord must account for the operating costs annually. It is also permissible to agree on a flat rate for operating costs, which is not billed separately.
Special regulations must be observed when billing heating costs. The Heating Cost Ordinance (HeizkVO) applies.