CO2 Cost Allocation: Tenants in Germany

Many tenants in Germany are unsure how CO2 costs are distributed in utility bills. This guide explains practical cases, shows which provisions of the BGB, the Heating Costs Ordinance and the Operating Costs Ordinance are relevant, and provides a practical checklist for reviewing your bill. You will learn which documents you can request, how to prove errors and which deadlines apply for objections or legal action. The guide is written for non-lawyers with concrete steps and examples so you can enforce your rights as a tenant against unjustified claims without assuming legal expertise. We explain how CO2 charges can be allocated between landlord and heating billing, when an allocation is legally permissible, and which steps are sensible before filing a claim at the local court.

What does CO2 cost allocation mean?

CO2 costs arise from pricing energy consumption and can appear in heating bills. The critical question is whether CO2 costs are part of heating costs and therefore billed under the Heating Costs Ordinance or treated as other operating costs.

Legal basis

Important basics for tenants are the rules of the BGB on tenancy relationships, especially duties of landlords and tenants and billing obligations^[1]. Additional rules for heating and CO2 costs are found in the Heating Costs Ordinance^[2] and the Operating Costs Ordinance^[3]. These texts set out which costs are allocable and what proof obligations the landlord has.

Practical cases

• Allocation by consumption: heating bills with proportional CO2 allocation (heating) can be permissible if measurement data exist.
• Flat rate per square meter: flat charges must be agreed in the lease and shown in the operating cost breakdown.
• Missing documentation: if documentation for CO2 costs is missing, tenants should request proof from the landlord.

How to check CO2 costs

Proceed systematically: request a detailed breakdown, compare with previous years and note deadlines for objections. Document all contacts and evidence.

• Request documentation: ask the landlord for copies of invoices and calculation bases.
• Check calculations: compare totals and allocation keys with the lease.
• Observe deadlines: objections should be filed within the applicable deadlines (within 30 days if contractually specified).
• Document objections: submit objections in writing and by registered mail if possible.

How-To

1. Check: compare the CO2 item with prior years and request documentation.
2. Meet deadlines: file an objection within the relevant timeframe (within 30 days if in the contract).
3. Write an objection: state your concern briefly and request correction and proof.
4. Gather evidence: save invoices, photos and correspondence as PDFs or paper copies.
5. Legal action: if no agreement is reached, consider filing a claim at the local court.

FAQ

Who must pay CO2 costs?

Whether tenants must pay CO2 costs depends on the classification of the costs (heating or other operating costs) and the lease agreement.

Can the landlord retroactively allocate CO2 costs?

Allocation must comply with statutory distribution rules and the lease; retroactive, non-transparent claims can be contested.

What deadlines apply for objections?

Deadlines may be contractually set; generally, act quickly and submit your objection in writing.

Help and Support / Resources

• BGB: German Civil Code (gesetze-im-internet.de)
• Heating Costs Ordinance (gesetze-im-internet.de)
• Federal Court of Justice - BGH (bundesgerichtshof.de)

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1. [1] BGB §§535–580a (gesetze-im-internet.de)
2. [2] Heating Costs Ordinance (gesetze-im-internet.de)
3. [3] Operating Costs Ordinance (gesetze-im-internet.de)