Ordinance on heating billing

Basic data
Title:	Ordinance on the consumption-based billing of heating and hot water costs
Short title:	Ordinance on heating billing
Abbreviation:	HeizkostenV (rarely: HeizkV)
Type:	Federal Ordinance
Scope:	Federal Republic of Germany
Legal matter:	Private law , energy law
References :	754-4-4
Original version from:	February 23, 1981 ; ( Federal Law Gazette I p. 261 , ber.p. 296 )
Entry into force on:	July 1, 1981
New announcement from:	October 5, 2009 ; ( BGBl. I p. 3250 )
Last change by:	Art. 1 Regulation of 8 December 2008 ; ( Federal Law Gazette I, p. 2375 , ; calc. 2009 I, p 435 )
Effective date of the ; last change:	January 1, 2009 ; (Art. 2 of December 2, 2008)
	Please note the note on the applicable legal version.

The ordinance on heating cost accounting (HeizkostenV) is a German legal ordinance that regulates the accounting for heating costs and hot water in the tenancy / usage relationship and in the apartment owner relationship .

In addition to the second calculation ordinance and the operating costs ordinance, the ordinance on heating cost accounting is one of the main codifications of tenancy law alongside the civil code .

In principle, the ordinance (§ 3) also applies to apartment owners' associations under the WEG .

Priority clause

According to § 2 HeizkostenV, the ordinance on heating billing generally applies before any legal agreement on hot water and heating billing , unless it is a building with one or two apartments, one of which is occupied by the landlord.

Duty to record consumption and to distribute costs

The owner of the building is obliged to determine the proportionate consumption with suitable devices. The user is entitled to the fulfillment of this obligation (§ 4 Paragraph 4 HeizkostenV).

Basically there is an obligation to distribute the costs depending on consumption. This cost distribution then results from the distribution formulas depending on the system used. In the case of common rooms, the distribution is to be determined according to the contractual provisions.

Distribution formulas (§§ 7-9)

Heating system or heat supplies (§ 7)

Between 50 and 70 percent of the costs of operating a central heating system are to be distributed according to the recorded heat consumption of the users. The remaining costs are to be distributed according to living or usable area or room volume or heated area. This also applies to costs for heat delivery. The costs are:

consumed fuels and their delivery
the electrical supply of the heating system
Monitoring, maintenance and operating costs
Costs of regular professional testing and maintenance of the system
Cleaning costs for the system and the operating room
Costs for measurements according to the BImSchG
Costs of renting or costs of using equipment for recording consumption, including calibration costs
Calculation and distribution costs (costs for the creation of the HK billing)

Hot water supply systems (§ 8)

A range of 50 to 70 percent after consumption also applies to the cost distribution. Other costs are to be distributed according to the living or usable area.

The following costs apply here:

Water supply costs, if there is no separate billing
Water heating costs (as in § 7)

As a cost of water supply will be

the water consumption,
Basic fees,
Meter rental (and costs for intermediate meters),
Operating costs of the in-house water supply system and
Operating costs of a water treatment plant and its treatment materials

designated.

Affiliated systems (§ 9)

From December 31, 2013, a heat meter is mandatory to separate the hot water costs. The formulas below may only be used if retrofitting is only possible with unreasonably high effort.

The calculation is more complicated for connected systems that provide heat and hot water.

The calculation rule is stipulated by law. The fuel consumption for a central hot water supply system (B) in liters, cubic meters or kilograms (depending on the fuel) must be calculated by December 31, 2008 , whereby ${\ displaystyle B = {2 {,} 5 \ cdot V \ cdot (t_ {w} -10) \ over H_ {u}}}$

V is the measured volume of hot water consumed (in cubic meters),
t _{w is} the measured or estimated mean temperature of the hot water in degrees Celsius and
H _{u is} the calorific value of the fuel consumed in kilowatt hours (kWh) per liter (l) / cubic meter (m³) / kilogram (kg).

The following values are legally stipulated for the calorific value :

Heating oil: 10 kWh / l
Town gas: 4.5 kWh / m³
Natural gas L: 9 kWh / m³
Natural gas H: 10.5 kWh / m³
Crushed coke: 8 kWh / kg

In addition for the new federal states:

Lignite briquette: 5.5 kWh / kg
High-temperature lignite coke : 8 kWh / kg

If the energy supply company has specified separate calorific values, these apply.

Since 1 January 2009, applies to the fuel consumption (B) : . ${\ displaystyle B = {Q \ over H_ {i}}}$

In the case of central hot water supply systems, the amount of heat (Q) must be measured with a heat meter; this is mandatory from December 31, 2013, provided that it does not result in unreasonably high costs. If no heat meter is used, the heat quantity (Q) is determined as a function of the volume consumed and the temperature t _w .

The calculation rule applies until December 31, 2008: (see definitions of V and t _w above ). ${\ displaystyle Q = 2 \ cdot V \ cdot (t_ {w} -10)}$

Since 1 January 2009 rather than the formula . This formula is in the regulation and contains the physical units. Formula without units: (see definitions of V and t _w above ). ${\ displaystyle Q = 2 {,} 5 \ cdot {\ mathrm {kWh} \ over \ mathrm {m} ^ {3} \ cdot \ mathrm {K}} \ cdot V \ cdot (t_ {w} -10 ^ {\ circ} \ mathrm {C})}$ ${\ displaystyle Q = 2 {,} 5 \ cdot V \ cdot (t_ {w} -10)}$

The statutory calculation regulations for fuel consumption and heat quantity assume a temperature of 10 ° C for the temperature of the cold water fed in.

Accession area

For the accession area of the five new federal states including East Berlin, the ordinance came into force on January 1, 1991. The Unification Agreement has laid down several provisions in Annex I, Chapter V, Subject D, Section III, No. 10.

Exceptions

Recording and evaluating consumption costs a disproportionately high amount (cf. § 11 Point 1a); 15% of the heating costs can be assumed as a guide. Retirement, nursing homes, student and apprentice homes (or similar living spaces) do not fall under the provisions of §§ 3–7 of the HeizkostenV. This also includes rooms ready for occupancy before July 1, 1981 , in which the user has no influence on the heat consumption. If state law so provides, buildings that are equipped with heat pumps , heat recovery systems, solar systems, combined heat and power systems or waste heat systems are also benefited in this regard , whereby in the last two cases there is no recording of heat consumption.

Right of reduction

The user of premises that are not part of the home ownership may reduce the costs incurred by 15 percent in the case of a non-consumption-based cost billing.

Amendment 2009

The consumption-dependent part of the billing scale can be selected by the owner, as was the case until the end of 2008, in the range between 50 and 70 percent. It has been regulated that for houses that do not meet the requirements of the 1994 Thermal Insulation Ordinance, whose heat-distributing pipes are predominantly insulated and whose heat is supplied via an oil or gas-powered heating system, 70 percent of the heating costs are to be billed according to consumption.

The heating bill for passive houses should be zero, as the measurement supplements may make up a large part of the heating costs here.

There is a right of reduction for tenants if the landlord has not complied with retrofitting obligations for the heat generator.

Outdated measuring devices must be replaced: Heat cost allocators or hot water cost allocators installed before July 1981 must be replaced by the end of 2013 at the latest. An exception applies to heat cost allocators that have been newly approved by an expert and can continue to be used after 2013.

literature

Siegfried Lammel: Heizkostenverordnung - Ordinance on the consumption-based billing of heating and hot water costs. (Ordinance on heating cost accounting - HeizkostenV). 3. Edition. CH Beck, Munich 2010, ISBN 978-3-406-59008-5 .
Schmid, Michael J .: The amendment of the HeizkostenV , MDR 2009, 129.
Schmidt-Futterer, tenancy law. Major commentary on residential and commercial tenancy law , 10th edition, CH Beck, Munich 2011.

Web links

Full text of the regulation on heating billing

Individual evidence

↑ Reference date December 31, 2013: Installation of heat meters for hot water separation required by law ( Memento of November 6, 2014 in the Internet Archive )

[1] Reference date December 31, 2013: Installation of heat meters for hot water separation required by law ( Memento of November 6, 2014 in the Internet Archive )