BetrKV §2 — die 17 allocable Cost types.

What German operating-costs regulation is

The Betriebskostenverordnung (BetrKV) defines conclusively in §2 which costs count as operating costs and are therefore recoverable. Under German law this list is binding — anything not named in German operating-costs regulation may only be passed on if the tenancy agreement expressly provides for it, and it must be specific to a cost type (not a blanket "other operating costs").

Die 17 Kategorien des §2 Service Charges

1. Ongoing public charges on the property

Especially the Property tax. Distribution by living area. For mixed properties (residential + commercial) proportionally.

2. Costs of water supply

Water bill and water meter rental. With meters per apartment: by consumption (mandatory per §556a BGB). Without meters: by persons or area.

3. Costs of drainage

Wastewater fees, rainwater fees. Distribution as for water.

4. Costs of central heating

Fuel, maintenance, chimney sweeping, cleaning. Distribution per German heating regulation §7: 50–70% consumption + rest by area.

5. Costs of central hot water supply

Similar to heating, but recorded separately. Distribution per German heating regulation.

6. Combined heating and hot water supply systems

Special case when heating and hot water come from one system. Distribution per special rules (German heating regulation).

7. Elevator costs

Elevator maintenanceandElevator electricity. By units, by area, or combined. Ground-floor tenants cannot be generally excluded (Federal Court of Justice case law).

8. Costs of street cleaning and waste disposal

City fees for street cleaning, waste collection, bulky waste. Distribution typically by units or area.

9. Costs of building cleaning and pest control

House cleaning (Treppenhaus, Eingangsbereich), Pest control (e.g. for mice, cockroaches). Distribution by units.

10. Costs of garden maintenance

Garden maintenance of shared outdoor areas. Private gardens of individual tenants count not. Distribution by living area.

11. Costs of lighting

Common electricity: Stairwell lighting, exterior lighting, doorbell. By units.

12. Costs of chimney cleaning

Chimney sweep fees. Usually by units or by area.

13. Costs of property and liability insurance

Building insurance (fire, storm, water), Liability insurance for the building, Glasversicherung for common areas. By area.

NOT allocable: landlord's home insurance, legal protection, landlord liability for own risks.

14. Costs for the caretaker

CaretakerorCaretaker — cleaning, small repairs, snow clearance, technical supervision. Distribution by units.

Attention: If the caretaker also Administrative tasks takes over (rental management, accounting), this share must be deducted and is not allocable.

15. Costs of the antenna or cable TV system

Until 1 July 2024, this was allocable to tenants. Since the Telecommunications Modernization Act landlords may no longer pass cable-TV costs on in the utility bill. Tenants must decide for themselves which provider to use.

Exception: Internet via fiber/DSL — if clearly commissioned as a telecommunications service, it can still be allocatable, but only in very limited cases since July 2024.

16. Costs of laundry facilities

Shared washing machines, dryers — electricity, water, maintenance. Per use unit or token system.

17. Sonstige Betriebskosten

The collective item for everything not in 1–16. But: Must be specifically named in the lease in advance. Blanket wordings such as "and other operating costs" are invalid according to Federal Court of Justice case law.

Examples of items typically falling here:

• Rauchwarnmelder-Wartung
• Dachrinnenreinigung
• Wartung Aufzug-Notruf
• Maintenance of the ventilation system
• Wachdienst (selten, nur in besonderen Wohnformen)

What is NOT allocable

You must bear these costs yourself as landlord — they may never go into the utility billing:

• Administration costs — not to be smuggled in via the "caretaker" item either
• Maintenance and repairs — leaking roof, heating failure, water damage
• Bank fees and account-management fees
• Erstausstattung von Anlagen (z. B. erstmaliger Einbau eines Aufzugs)
• Costs of tenant search (advertisements, estate agents)
• Vacancy costs — for unlet units you pay the proportionate costs yourself
• Legal fees
• Costs of the owners' meeting in WEGs (that is administration)

Common disputes

• Cable television no longer allocable from July 2024 — many landlords have overlooked this
• Other operating costs — only if explicitly named in the contract
• Caretaker vs. administration — the share must be separated
• Vacancy — the landlord bears the proportionate costs of unlet units
• Ground-floor residents vs. elevator — not generally excludable, but contract clauses possible