CO2 Cost Split for Tenants in Germany

As a tenant in Germany, you often face unclear items on the utility bill — since the introduction of CO2 pricing, additional surcharges appear. This article explains clearly and understandably when landlords may pass on CO2 costs, which legal bases apply (e.g. Heating Cost Ordinance, Operating Costs Ordinance and §§ 535–536 BGB)^[1][2][3] and what receipts you can demand. You will receive a practical sample letter to request clarification, tips on meeting deadlines and advice on documenting evidence. The goal is to give you confidence when checking statements and in disputes with the landlord, so you can effectively assert your rights as a tenant in Germany. I show concrete steps to file an objection, prepare evidence and contact the local court if legal clarification becomes necessary.

What is the CO2 cost split?

CO2 pricing causes costs for CO2 emissions to appear in some statements. Whether these costs may be allocated depends on whether the lease or an operating cost agreement provides for this and whether the items are transparently shown. In individual cases, the Heating Cost Ordinance and the Operating Costs Ordinance regulate the permissible distribution and accounting of heating and operating costs.^[2][3]

Legal bases explained briefly

Fundamentally, the provisions of the German Civil Code (BGB) regulate the duties of landlord and tenant, especially regarding billing and defects (§§ 535–580a BGB). For the concrete allocation of heating and CO2 costs, the Heating Cost Ordinance and the Operating Costs Ordinance are decisive. Check your lease clauses carefully and request a transparent breakdown of items if anything is unclear.^[1][2][3]

When can landlords pass on CO2 costs?

Landlords may pass on CO2 costs only if this is contractually agreed or if the costs qualify as operating costs under the BetrKV. It is important that the statement is comprehensible: source of costs, period, distribution key and any flat rates must be evident. If transparency is missing, tenants can ask questions or object within the applicable deadlines.

Practical steps to clarify

1. Collect all relevant documents and statements (documents, evidence).
2. Request a detailed breakdown with a sample letter (form, notice).
3. Observe deadlines: respond within review and objection periods (deadline, within).
4. If disputes remain unresolved, consider clarifying the matter at the local court (court, hearing).
5. Document payments and any reimbursements carefully (payment, rent).

Sample letter: Draft a clear letter stating which items you cannot understand, request specific receipts (invoices, meter readings, distribution key) and set a reasonable deadline for submission. A practical example: "Please send me the detailed breakdown of CO2 costs including invoices and the distribution key by DD.MM.YYYY; otherwise I reserve the right to take legal steps."

FAQ

Who may allocate CO2 costs in the operating cost statement?

Generally, landlords may only allocate CO2 costs if this is provided in the lease or operating cost agreement and the costs are clearly itemized. The Heating Cost Ordinance[2] and the Operating Costs Ordinance[3] set the framework.

How quickly must I react to an unclear statement?

Respond promptly and request clarification in writing. Statutory deadlines apply to billing and asserting claims; check the statement as soon as possible and document your objections.

Is there an official template for objections?

There is no single mandatory federal form, but you can use a sample letter naming the requested receipts and a deadline. If uncertain, the local court can advise on further procedure.[4]

How-To

1. Gather all relevant documents: statements, individual invoices, meter readings (documents).
2. Create or use a sample letter and request detailed receipts (form).
3. Set a clear deadline (e.g. 14 days) for submitting documents and note the dispatch date (deadline).
4. If no clarification occurs, prepare a factual account and evidence for a possible court submission at the local court (court).
5. Keep all proofs of paid amounts and reimbursements and log communications (payment).

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§ 535 ff. — Gesetze im Internet
• Heizkostenverordnung (HeizKV) — Gesetze im Internet
• Information on the local court and jurisdiction — Justiz

1. [1] BGB §§ 535–536 — Gesetze im Internet
2. [2] Heating Cost Ordinance (HeizKV) — Gesetze im Internet
3. [3] Operating Costs Ordinance (BetrKV) — Gesetze im Internet
4. [4] Local court and procedures — Justiz