Tenants: Heating Replacement in Social Housing Germany
Many tenants in Germany wonder who pays when the heating system in social housing is replaced under the Building Energy Act (GEG). The replacement can affect heating supply, operating costs and potential modernization charges. As a tenant you should know your rights, observe deadlines and document all costs and communication in writing. This guide explains in practical terms which legal bases apply, when landlords may pass on costs, how to collect receipts and which deadlines for objections or lawsuits are relevant. The language is simple so that non-lawyers can understand when the apartment remains habitable and when a rent reduction is possible. At the end you will find an FAQ, a step-by-step guide for documenting costs and links to official forms and courts.
What applies to heating replacement under the GEG?
The replacement of a heating system may fall under the Building Energy Act (GEG). In principle, under tenancy law the landlord remains obliged to maintain the property; the duty to preserve the rented property arises from the Civil Code (BGB).[1] For social housing, funding rules and loans under the Housing Promotion Act (WoFG) also play a role.[4] Whether and how costs can be passed on to tenants depends on the type of measure (operational, modernization) and contractual agreements.
When can the landlord pass on costs?
A distinction is made between ongoing operating costs, which can regularly be passed on, and modernization costs, which may be apportioned under certain conditions. Special rules of the Heating Costs Ordinance (HeizKV) apply to heating and operating costs.[2] Modernization charges are subject to formal deadlines and information obligations.
- Check whether the measure counts as modernization or maintenance (modernization can allow apportionment).
- The landlord must comply with modernization notices and deadlines (notice, start, expected duration).
- Collect evidence: invoices, statements, photos (document, photo, receipt) for possible disputes.
How to document costs correctly?
Documentation protects your rights: note dates, keep contractor invoices, photographs of installation sites and all correspondence. Request a detailed cost breakdown from the landlord if costs are to be passed on. If the billing is unclear, tenants have the right to inspect the receipts.
- Keep invoices and receipts (receipt, invoice) both digitally and physically.
- Document correspondence: letters, emails, announcements (notice, form).
- Record deadlines: announcement dates, deadlines for objections or complaints (deadline).
What to do in case of problems or unclear costs?
If you doubt the legality of a cost apportionment, first request clarification from the landlord in writing (registered mail or documented email) and set deadlines. If uncertainty persists, a rent reduction can be considered or legal advice sought. For court action, the rules of the Code of Civil Procedure (ZPO) apply; the local court (Amtsgericht) is usually responsible for tenancy disputes.[3]
FAQ
- Who decides whether the new heating increases heating capacity?
- The landlord usually hires specialists; tenants can request to see expert reports and ask technical questions.
- Can tenants refuse payments immediately?
- No. You must not unilaterally refuse blanket payments; review bills and obtain legal advice before withholding payment.
- When is a rent reduction possible?
- If the usability is significantly restricted (e.g., no heating in winter), a rent reduction may be considered. Documentation and legal advice are important.
How-To
- Document: collect invoices, photos and dates.
- Request in writing: ask the landlord for a detailed cost breakdown.
- Set a deadline: give the landlord a reasonable period to clarify before further action.
- Seek advice: contact tenant advice centers or a lawyer if doubts remain.
Help and Support / Resources
- Civil Code (BGB) — tenant and landlord rights
- Heating Costs Ordinance (HeizKV)
- Housing Promotion Act (WoFG)
