CO2 Cost Split 2025 for Tenants in Germany
Many tenants in Germany will receive new or additional CO2 cost entries in their utility bill in 2025. This text clearly explains what CO2 cost allocation means, how to check back-charges, and what rights tenants have when they receive a demand for payment. You will learn which documents are important, which deadlines apply and which official legal bases you should know. The goal is to provide simple action steps so you can check charges, respond properly by form and deadline, and if necessary find the right path to the local court or seek advice.
What are CO2 costs?
CO2 costs are costs caused by the pricing of CO2 emissions for fuels or energy sources and are reflected in the final price of heating and hot water. Landlords may pass these costs partially to tenants via the utility bill if contractually and legally permissible.
Who pays what? Typical distribution
- Tenants often pay the proportional consumption share for heating and hot water via the utility bill.
- Landlords must itemize CO2 costs separately and show the calculation transparently in the statement.
- Back-charges must generally be asserted within the accounting and review periods provided by law.
Checking a back-charge: practical steps
If you receive a demand for payment, first check the billing period, the calculation basis and whether CO2 items are itemized separately. Request a detailed breakdown and supporting documents from the landlord if unclear, and document every letter and payment.
- Request the documents in writing and set a deadline for submission.
- Observe deadlines: objections should be made promptly, typically within a few weeks to months.
- Check whether CO2 costs are correctly allocated by consumption or by area.
Legal basis
Key rules include the provisions in the Civil Code (BGB) on tenant obligations and operating cost accounting[1], the Heating Costs Ordinance for consumption billing[2], and the Operating Costs Ordinance on permitted cost types[3]. For disputes the local court is the first instance, and the Federal Court of Justice decides on fundamental legal questions[4].
Sample forms and practical templates
There is no single nationwide template for objections to utility bills, but typical documents are:
- Written request to present the supporting documents (use your own letter as a template).
- Objection to the statement with a deadline (informal pleading to the landlord).
- Filing a claim at the competent local court (see ZPO information for procedure).
Collecting evidence: what helps
- Gather bills, bank statements and payment receipts.
- Note phone calls with date, time and content.
- For technical questions: document inquiries to contractors or energy suppliers.
FAQ
- Who has to pay CO2 costs?
- The distribution depends on the lease and legal rules; tenants often pay the proportional consumption share.
- Can I object to a back-charge?
- Yes, request supporting documents and object within a short deadline; document everything in writing.
- When can I go to court?
- If objections fail, you can file a claim at the local court; prior advice is often advisable.
How-To
- Check the utility statement immediately for separate CO2 items and the billing period.
- Request complete supporting documents from the landlord in writing with a deadline.
- Compare allocation keys (consumption share or floor area) with the Heating Costs Ordinance and the lease.
- If unclear, seek professional advice (tenant counsel, consumer advice centers).
- If the conflict continues, prepare documents for a possible claim at the local court.
Key takeaways
- Always request supporting documents in writing.
- Watch deadlines for objections closely.
- Good documentation strengthens your position.
Help and Support / Resources
- BGB §§ 535–580a on Gesetze im Internet
- Heating Costs Ordinance on Gesetze im Internet
- Operating Costs Ordinance (BetrKV) on Gesetze im Internet
