Heating Replacement in Monuments: Tenants in Germany

Many tenants in Germany face uncertainty when the landlord plans a heating replacement under the Gebäudeenergiegesetz (GEG) and the building is listed. This text clearly explains what rights you have as a tenant, which deadlines apply and which forms or proofs are important. It shows common mistakes tenants should avoid and describes sensible steps for documentation, communication with the landlord and, if necessary, legal clarification at the local court. The aim is to give you concrete actions so that energy-related modernizations proceed legally and with minimal adverse effects on your living conditions.

What tenants need to know

A heating replacement under the GEG can be permissible even in listed buildings if the measure complies with the requirements of the monument protection authority and the GEG. Landlords must announce modernizations and sometimes obtain permits; tenants may have rights to information and participation. Relevant legal bases are the Gebäudeenergiegesetz (GEG)^[1] and the tenancy provisions of the Civil Code (BGB) on modernizations and tenant obligations^[2].

Typical tenant mistakes

• Ignoring deadlines or responding too late to announcements, which can result in losing important rights to object.
• Unclear assumptions about costs: tenants often assume modernizations will immediately increase utility charges without waiting for a detailed statement.
• Insufficient documentation of defects or disruptions during the works, e.g. missing photos or defect records.
• Not keeping forms and correspondence properly or not submitting them on time.
• Lack of evidence: no photos, no witness statements and no written complaints when damage occurs.
• Not seeking legal advice in time before deadlines expire or an eviction case threatens.

How to document and respond

Practically, tenants should respond in writing, note deadlines and archive all landlord communications. Take photos before, during and after the works, note disturbances and, if necessary, obtain statements from the monument protection authority or an expert.

Communication with landlord and authorities

Request detailed information about the scope of work, schedules and expected impacts on heating and hot water. Ask for energy efficiency evidence and for approvals from the monument protection authority if applicable. If modernization cost allocations are announced, request a transparent cost breakdown.

FAQ

Who decides in a dispute about a heating replacement in a listed building?

In a dispute, the local court (Amtsgericht) is initially competent; appeals can go to the regional court and the Federal Court of Justice.

Which deadlines are important for objections or appeals?

Answers depend on the individual case; deadlines are often stated in the announcement; respond within the stated deadline and secure evidence where possible.^[2]

Which official rules apply to heating and heat cost billing after a heating replacement?

The Heating Costs Ordinance and the GEG regulate billing and obligations; check statements carefully and ask the landlord for explanations.^[3]

How-To

1. Note deadlines: read the announcement carefully and note the specified deadlines.
2. Request information: ask in writing for detailed information, permits and a cost breakdown.
3. Collect evidence: gather photos, witness statements, timestamps and written complaints.
4. Consider legal steps: for serious conflicts, check legal options and contact the competent local court or legal advice.

Help and Support / Resources

• GEG: law text and information
• BGB: tenancy law §§ 535–580a
• Information on local courts (example: Justice NRW)

1. [1] Gebäudeenergiegesetz (GEG) – Gesetze im Internet
2. [2] Bürgerliches Gesetzbuch (BGB) – Mietrecht §§ 535–580a
3. [3] Heizkostenverordnung (HeizKV) – Gesetze im Internet