Tenants: Operating Cost Audit in Germany

Many tenants in Germany feel overwhelmed by unclear utility bills. A targeted operating cost audit helps identify unnecessary payments and assert refunds. This guide explains step by step how to hire an audit in 2025 without a lawyer, which documents are important, which legal rules apply and how to meet deadlines. It is aimed at tenants without legal knowledge and uses plain language, practical examples and pointers to official forms and courts in Germany. At the end you will find an FAQ, a detailed how-to and links to relevant authorities so you can check your utility costs confidently and effectively.

Why an operating cost audit matters

Utility bills often contain errors: incorrect allocation keys, non-allocable items or calculation mistakes. As a tenant you have rights under the German Civil Code (BGB) regarding operating costs and maintenance of the rental property ^[1]. In addition, the Operating Costs Ordinance (BetrKV) regulates which items may be charged to tenants ^[2]. An audit creates clarity and increases your chances of justified refunds.

What to prepare

Before commissioning an external audit, gather all relevant documents and create a simple overview.

• Check billing period: verify the date of the bill and the covered period.
• Collect receipts: have invoices, contracts, meter reading records and service charge accounts ready.
• Organize proof of payment: arrange bank statements and transfer receipts chronologically.
• Document written communication: copy emails, letters and reminders.

How to commission an audit

You can have an operating cost audit carried out by an independent real estate expert, accountant or specialized appraiser. Compare offers in writing and clarify scope, fees and deadlines.

• Clarify costs: ask about flat rates or hourly fees and whether refunds-only fees apply.
• Processing time: set a deadline for the audit and reporting.
• Written audit order: agree scope and documentation form in the contract.

Court procedures and key authorities

If a dispute arises, tenancy law disputes are usually brought before the local court (Amtsgericht); higher instances are the regional court (Landgericht) and, where applicable, the Federal Court of Justice (BGH) for precedent. Procedural rules are found in the Code of Civil Procedure (ZPO) ^[3]. Before filing a lawsuit, it is sensible and often required to send a final written request for payment or review to the landlord.

FAQ

Can I commission an operating cost audit without a lawyer?

Yes. Many tenants commission experts or auditors directly. A lawyer is only necessary if court proceedings become unavoidable.

How long do I have to complain about utility bills?

Check the time limits on the bill and act promptly; receipts and documentation make complaints much easier.

Which laws apply to utility bills?

The relevant rules include sections 535–580a of the BGB and the Operating Costs Ordinance (BetrKV) and the Heating Costs Ordinance (HeizKV) ^[1][2].

How-To

1. Check deadlines: review the date of the bill and note important deadlines.
2. Gather documents: collect statements, receipts and proof of payment.
3. Select an auditor: get two offers and agree the scope in writing.
4. Have the audit done: obtain a written audit report and claim refunds if errors are found.
5. If disputed: send a final request and consider filing in the local court (Amtsgericht).

Help and Support / Resources

• Gesetze im Internet (BGB)
• Operating Costs Ordinance (BetrKV)
• Federal Court of Justice (BGH)

1. [1] German Civil Code (BGB) – gesetze-im-internet.de
2. [2] Operating Costs Ordinance (BetrKV) – gesetze-im-internet.de
3. [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de