Operating Cost Audit 2025: Tenants in Germany

As a tenant in Germany, you often face the question of whether an operating cost audit is worthwhile. From 2025, billing standards are changing and digital receipts make audits easier, but effort, costs and chances of success vary. This guide explains in clear, understandable language when an audit pays off, which operating cost items are most often incorrect and how to draft a sample letter to request documents. You receive practical steps for securing evidence, deadlines and possible cost coverage as well as notes on going to the local court. The aim is to give you clear decision-making bases as a tenant and to make the next steps easy to implement. We list relevant sections from the BGB^[1], the BetrKV information^[2] and suitable templates for inspecting documents.

Advantages and Disadvantages of an Audit

• Potential refunds for incorrect statements, especially heating and water costs.
• Audits take time: reviewing receipts, asking questions, observing deadlines.
• Documentation increases chances of success: secure invoices, meter readings and photos.
• Professional audit costs may occur and the result must justify the effort.
• In disputed cases, court clarification may be necessary; the local court (Amtsgericht) is responsible.

When Is an Audit Worthwhile?

An audit is particularly worthwhile if the operating cost statement seems unusually high, individual items are unclear or the landlord refuses access to documents. Check allocation keys, billing periods and whether advance payments were correctly considered. For systematic errors or suspicious flat rates, a formal audit may be worthwhile; in single cases a targeted request via a sample letter may suffice.

Key Areas to Check

• Heating costs: reading intervals, distribution key and billing period.
• Water and sewage: consumption values and allocation key.
• Caretaker, cleaning and garden costs: proof of services performed.
• Contracts, timesheets or invoices: are receipts available and comprehensible?

Sample Letter: Request for Operating Cost Documents

Write a short, factual letter with a deadline requesting access to the billing documents. Name the billing year, specific items and a deadline of typically 14 to 30 days. Request copies or on-site inspection and indicate possible legal steps if documents are not provided.

Practical Steps Before Commissioning

• Skim the statement: mark unusual increases or unfamiliar items.
• Send the sample letter to the landlord and request inspection of the receipts.
• Check meter readings and payment proofs yourself once.
• Compare audit effort with expected refund or correction.

Common Errors and How to React

Typical errors are wrong allocation keys, double-billed items or missing receipts. React in writing, document every communication and prepare evidence. If necessary, a professional audit by a qualified body may be appropriate; in borderline cases the local court decides, and BGH decisions serve as legal guidance.^[3]

FAQ

What does an operating cost audit check?

An audit checks total amounts, individual cost items, distribution keys and the associated receipts.

Who pays for an audit?

Generally, the one who commissions the audit pays; if successful, cost coverage can sometimes be negotiated or allocated by a court.

How long can tenants inspect documents?

Tenants have a right to inspect billing documents; typical response times to requests are 14 to 30 days.

How-To

1. Collect receipts and the statement and mark suspicious items.
2. Send a template letter to the landlord and request inspection of the receipts.
3. Document your own evidence (meter readings, photos) and make copies.
4. If needed, commission a professional audit and weigh costs against benefits.
5. In case of dispute: consider filing at the local court and observe deadlines.

Help and Support

• BGB §535 – Duties of the landlord
• Operating Costs Regulation (BetrKV) — rules on allocable costs
• Federal Court of Justice (BGH) — case law and information

1. [1] BGB §535 – Pflichten des Vermieters — gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) — gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) — Urteile und Informationen