Operating cost statement: deadlines and common mistakes

The twelve-month deadline

The statement must reach the tenant no later than twelve months after the end of the billing period (§ 556 (3) BGB). After that, additional claims are excluded unless the landlord is not responsible for the delay. A credit in the tenant’s favour remains payable.

The tenant has twelve months too: that is how long objections can be raised after receipt.

What the statement must contain

A statement is formally valid if, for each cost type, it makes clear:

• the total costs
• the allocation key and, where necessary, its explanation
• the tenant’s share
• the advance payments made

Typical mistakes

Only cost types agreed in the tenancy agreement and covered by the Operating Costs Ordinance may be passed on. Management fees as well as maintenance and repair costs are not among them. Ongoing service costs, for example for the lift or smoke detectors, can usually be passed on, however. Cable TV charges have not been chargeable since 1 July 2024.

Heating and hot water costs must be allocated at least 50 and at most 70 per cent by consumption. Since 2023 the CO₂ price has also been split between landlord and tenant according to a tiered model. If either is missing, the tenant may reduce their share: by 15 per cent where consumption is not metered, by 3 per cent where the CO₂ price is not split.

Keep vouchers ready

Tenants may inspect the vouchers behind the statement. If your records are in order and available digitally, queries are answered in minutes rather than days.