Second calculation regulation
| Basic data | |
|---|---|
| Title: | Ordinance on housing calculations according to the Second Housing Act |
| Short title: | Second calculation regulation |
| Abbreviation: | II. BV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany excl. Saarland |
| Issued on the basis of: | Section 91 (2), Section 105 (1) II. WoBauG aK |
| Legal matter: | Special administrative law |
| References : | 2330-2-2 |
| Original version from: | October 17, 1957 ( BGBl. I p. 1719 ) |
| Entry into force on: | November 1, 1957 |
| New announcement from: | October 12, 1990 ( BGBl. I p. 2178 ) |
| Last change by: |
Art. 78 para. 2 G of 23 November 2007 ( Federal Law Gazette I p. 2614, 2628 ) |
| Effective date of the last change: |
November 30, 2007 (Art. 80 para. 1 G of November 23, 2007) |
| GESTA : | C098 |
| Please note the note on the applicable legal version. | |
The Second Calculation Ordinance (II. BV) is a German statutory ordinance in which the profitability calculation of living space is regulated. The areas of application of II. BV are first of all social housing and tax-privileged free housing . In practice, however, the II. BV is applied far beyond this. On the basis of the II. BV, a cost rent can be determined, i.e. a rent that covers the costs incurred (including interest on equity).
For this purpose, II. BV regulates the calculation of the following costs:
- Capital costs ( §§ 18 ff. )
- Management costs ( § 24 )
- Depreciation ( § 25 )
- Administrative costs ( § 26 )
- Maintenance costs ( § 28 )
- Rent loss risk ( § 29 )
operating cost
With regard to operating costs , it only refers to the Operating Costs Ordinance (BetrKV), which has been in force since January 1, 2004 , which replaces Section 27 II. Calculation Ordinance and Appendix 3 to II. Calculation Ordinance. There are no changes to older rental contracts.
Changes are:
- That garbage disposal costs also include the operating costs of garbage chutes.
- Community antenna and cable television fees now include the cost of cable-wide broadcasting under copyright law.
- In the case of water and heating costs, calibration costs are now apportionable.
- The costs of operating the laundry facilities such as washing machines, drying or ironing facilities that can be used jointly by all tenants can now be passed on to the tenants.
Living space
Up to December 31, 2003, the II. BV contained in §§ 42–44 regulations for the calculation of living space . The living space ordinance has been in effect here since January 1, 2004 . Values that were calculated up to December 31, 2003 based on II. BV remain valid.
