Ordinance On General Conditions For The Supply Of Water

Original Language Title: Verordnung über Allgemeine Bedingungen für die Versorgung mit Wasser

Read the untranslated law here: http://www.gesetze-im-internet.de/avbwasserv/BJNR007500980.html

Ordinance on general conditions for the supply of water (AVBWasserV) AVBWasserV Ausfertigung date: 20.06.1980 full quotation: "Ordinance on general conditions for the supply of water by June 20, 1980 (BGBl. I S. 750, 1067), most recently by article 8 of the Decree of December 11, 2014 (BGBl. I p. 2010) is changed" stand: last amended by article 8 V v. 11.12.2014 I 2010 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.4.1980 +++) (+++ requirements due to the EinigVtr see AVBWasserV annex EV;) Requirements no longer apply under article 1 No. 4 book. d DBuchst. OO G v. 21.1.2013 I 91 mWv 29.1.2013 +++) input formula on the basis of section 27 of the Act to the rule of law of the terms and conditions of 9 December 1976 (Federal Law Gazette I p. 3317) is prescribed with the consent of the Bundesrat: § 1 Regulation (1) as far as water supply company for connection to the public water supply and public supply water draft contract or terms and conditions use , are formulated above for a variety of contracts (General conditions of supply), the sections 2 to 34 shall apply. These are, as far as paragraph 3, and § 35 see nothing else, part of the supply contract.
(2) the regulation does not apply to the connection and the supply of industrial companies and resellers, as well as for the provision of fire-fighting water.
(3) of the Treaty can be completed to supply policies, deviate from §§ 2 to 34, if the water supply company has offered a contract to the terms of this regulation and the variations the customer expressly agrees. On the different conditions, the §§ 305 to 310 of the Civil Code shall apply.
(4) the water supply company has its general supply conditions insofar as they are not exhaustively regulated in this regulation or pursuant to paragraph 3 of the sections 2 to 34 different publicly disclose including the corresponding tariffs and price lists in an appropriate manner.

§ 2 conclusion of contract (1) the contract to be completed in writing. Is he established in some other way, the water supply company immediately in writing to confirm the conclusion of the contract the customer has. Are issued the confirmation with automated systems, requires no signature. In the contract or in the contract confirmation is to refer to the General conditions of supply.
(2) the contract thus concluded, that water is being drawn from the distribution of the water supply company, the customer is obliged to immediately notify the company. It is supplied to the prices for similar conditions of supply.
(3) the water supply company is obliged free of charge handed the Treaty's underlying supply policies including the corresponding tariffs and price lists to any new customers at the conclusion of the contract, as well as the other customer upon request.

Section 3 covers (1) the water supply company has to provide opportunity to the customers within economic reason, to limit the reference on the consumption purpose desired by him or a partial requirement. The customer is obliged to meet its water needs to the agreed extent of the distribution of the water supply company.
(2) before the establishment of an in-house production facilities, the customer has to release the water supply company. The customer has suitable measures to ensure that no disturbances in the public water supply system are possible by its own facility.

§ 4 the type of supply (1) the water supply company provides to the General supply conditions including the corresponding prices of water available.
(2) changes to the General supply conditions are only effective after the public announcement. This applies also for the corresponding prices unless they be communicated not the customers in a particular case.
(3) the water must comply with the applicable legislation and the recognised rules of technology for the agreed requirements type (drinking or process water). The water supply company is obliged to deliver the water under pressure is needed for a proper common needs in the supply area. The company is entitled to change the texture and the pressure of the water, if this is absolutely necessary in specific cases for economic or technical reasons, in the context of legal and regulatory provisions, as well as the recognized rules of the technology the needs of the customer are taken into account as far as possible.
(4) the customer places demands on quality and pressure of the water, which extend beyond the aforementioned obligations, then it is his own, to take the necessary measures.

Article 5 scope of supply, notification of interruptions of supply (1) the water supply company is obliged to provide water available in the agreed scope at any time at the end of the connection cable. This does not apply 1 as far as time limits to ensure the public water supply are required or otherwise contractually reserved, 2. If and as long as the company supply due to force majeure or other circumstances, eliminating economic cannot be reasonably expected to him, is prevented from.
(2) the supply can be interrupted, as far as this is necessary to carry out of essential work. The water supply company has immediately to correct any interruption or irregularity.
(3) the water supply company has the customers intended not only for short duration, a disruption of supplies in a timely manner in an appropriate way to teach. The obligation to notify shall not apply if the briefing 1 according to circumstances is not possible and the company is not responsible for this or the Elimination of disruptions have already occurred would delay 2..

§ 6 liability for disruptions (1) for damages a customer suffers by interruption of the water supply or irregularities in the supply, is liable the Nagahama him water utilities under contract or action in case 1 the killing or injury to body or health of the customer, unless it impermissible that the damage has been caused by the company or a subcontractors or vicarious agents neither intentionally nor negligently , unless 2. damage to a thing, that the damage was caused by intent or gross negligence of the company or its agents or vicarious agents, 3. a pecuniary loss, unless this has been caused by intent or gross negligence of the owner of the company, an authorized institution or partner.
Section 831 para 1 sentence 2 of the civil code is to apply only to intentional actions of vicarious agents.
(2) paragraph 1 shall apply also to claims by customers, which assert them against a third water supply company in tort. The water supply company is committed to its customers upon request can be cleared up with the damage caused by a third company to provide information related facts, as they are known by him, or by him in a reasonable manner and their knowledge to claim of damages is required.
(3) the obligation shall not apply to damage under 15 euros.
(4) the customer is entitled to pass on the delivered water to a third party, and this takes a damage by interruption of the water supply or irregularities in the delivery the water supply company liable the third parties in the same extent as the customer under the supply contract.
(5) the customer forwards the supplied water to a third party, he shall within the framework of its legal options to ensure that this can rise no further claims for damages in tort as laid down in paragraphs 1 to 3. The water supply company has customers on this at the conclusion of the contract must be notified.
(6) the customer shall immediately damage the water supply company supplies him or, if this is to inform the liable company. The client forwards the supplied water to a third party, he has this obligation to impose the third parties.

§ 7 (dropped out) § 8 land use


(1) customers and port workers who are property owners, have purposes the local supply free of charge to allow for attaching and laying of cables and accessories to the closed and land in the same coverage area included transmission of water through their required protection measures. This obligation concerns only plots, which are connected to the water supply, which are used by the owner in economic connection with the water supply or for a water supply is otherwise economically advantageous. It is not applicable, if the occupancy of the land more than necessary or unreasonably would strain the owner.
(2) the customer or port workers is to notify in due time about the nature and extent of the intended use of the plot.
(3) the land owner may require the relocation of facilities when they are no longer reasonable in the current place for him. The cost of installation has the water supply company to carry; This does not apply as far as the facilities serve only the supply of the land.
(4) if the water draw is set, so the property owners has to allow the removal of facilities or at the request of the company to tolerate them even five years free of charge, except that this cannot be reasonably expected to him.
(5) customers and port workers who are not property owners, have to teach the written consent of the property owner to the use of the land to be supplied within the meaning of paragraphs 1 and 4 at the request of the water supply company.
(6) paragraphs 1 to 5 are not for public roads and thoroughfares, as well as for plots, which are determined by the planning approval for the construction of public roads and thoroughfares.

Section 9 entitled construction grants (1) that is water supply company, to demand a reasonable construction cost subsidy to partially cover of the distribution systems of economic operations serving costs necessary for the creation or reinforcement of the local supply, except as permitted by you assign only the supply area, in which the connection is made by the port workers. Construction grants may cover no more than 70 per cent of these costs.
(2) the cost share to be taken over by the port workers as construction cost subsidy can be measured on the basis of the Street frontage of connected land and the price for a meter supply line. The price of one meter supply arises from the acquisition and production costs of distribution facilities referred to in paragraph 1, divided by the sum of the street front length of all land, which can be connected to the distribution systems in the supply sector. The water supply companies can consider calculating a consider the conditions of coverage minimum Street frontage of up to 15 meters.
(3) the water supply companies can use, other cost-oriented design units in calculating the construction cost subsidy instead of or in addition to the road frontage as the lot size, floor space or the number of housing units or similar business units. In this case the sum of base units of land is in the calculation of the grant of cost of construction to take into account, which can be connected in the supply sector.
(4) a further grant of construction costs may only be required if the port workers significantly increased its power requirement. He is to measure the paragraphs 2 and 3.
(5) is made a connection to a distribution system, which is built or begun its construction before this time before January 1, 1981, so the water supply company may require notwithstanding a construction grant from paragraphs 1 to 3 in accordance with the calculation standards previously used for the plant.
(6) the construction grant and the House supply regulated in § 10 para 5 to calculate separately and broken down to identify the port workers.

§ 10 House connection (1) the House connection consists of the connection of distribution network with the customer's system. It begins at the Friedensbrücke of distribution network and ends with the main shut-off device.
(2) type, number and location, the laterals and changes thereto are determined after consultation with the port's and respecting its legitimate interests by the water utilities.
(3) house connections belong to the facilities of the water supply company and is subject to agreed its property. In the area referred to in article 3 of the Unification Treaty, existing on the effective date of accession property of a customer at a house connection, which he has built or expanded at its own expense, will remain as long as he does not transfer title to the water supply company. House connections are manufactured exclusively by the water supply company, entertain, renewed, modified, separated and removed, must be accessible and protected against damage. As far as the utilities themselves, but by subcontractors create the House connection or change of home port is, are desires of the connector holder in the selection of subcontractors to take into account. The connection has to create the structural conditions for the safe construction of the House connection. He must allow no effects on the House connection or take out.
(4) the water supply company is authorized by the port workers of the economic management necessary expenses for 1 the creation of the home port, 2. changes of the House connection, which required or for other reasons he prompted a change or extension of its plant to demand. Flat rate, the cost can be calculated.
(5) other connections to and this part becomes a part of the distribution network the House connection come five years after production of the domestic power, the water supply company to redistribute the costs and refund the port workers as overpaid.
(6) where in terms of ownership of the home port and the resulting obligations for manufacturing, entertainment, renewal, amendment, existing general conditions of supply different separation and removal from paragraph 3, these regulations can persist even after the entry into force of this regulation.
(7) any damage to the home port, in particular the leak be lines, as well as other errors are immediately inform your water supply company.
(8) customers and port workers who are not property owners, have the written consent of the property owner for the production of domestic power under recognition of obligations related to teach at the request of the water supply company.

§ 11 measuring devices on the site boundary (1) that can water utilities require that the port shall at his own expense after his election on the site boundary install a suitable water meter shaft or water meter Cabinet, if 1 the land is undeveloped or 2. is the supply of the building with cables that are disproportionately long or only under particular difficulties can be laid, or 3 there is no room for Frost-proof housing the water meter.
(2) the connection shall be obliged to keep the equipment in good condition and readily accessible.
(3) the connection holder may demand the relocation of facilities at his own expense when they are no longer reasonable in the current place for him and laying without prejudice to a proper measurement is possible.
(4) § 10, subsection 8 shall apply mutatis mutandis.

§ Responsible is 12 customer installation (1) for the proper construction, expansion, modification, and entertainment of the plant behind the House connection, with the exception of the measuring equipment of the water supply company of port workers. He has rented the facility or equipment a third party or otherwise left to use, so in addition to this, he is responsible.
(2) the plant must provisions only in accordance with the provisions of this regulation and other legal or governmental as well as according to the generally recognised rules of technology built, expanded, modified, and maintained. The construction of the plant and significant changes may be performed only by the water supply company or by a registered installer directory of a water supply company. The water supply company is entitled to monitor the execution of the work.
(3) plant parts that are in front of the measuring devices, can be sealed. As well, parts that belong to the customer installation can be taken under seal closure, to ensure a proper measurement. The necessary equipment of the plant is according to the cause of the water supply company.
(4) the parts of the House connection, which are in accordance with § 10 paragraph 6 in the property of the customer and he is obliged to its entertainment, are components of the customer system.


§ 13 commissioning the customer installation (1) the water supply company or its representative on the customer's system to the distribution system and put it into operation.
(2) any commissioning shall be requested from the water supply company of the installation company.
(3) the water supply company may demand reimbursement for the commissioning by the customer; flat rate, the cost can be calculated.

§ 14 shall be entitled to review the customer's system (1) that is water supply company before and after her commissioning to verify the customer's system. It has to inform the customer on detected safety deficiencies and may require their removal.
(2) deficiencies, which compromise the security or expect significant disruptions to the water supply company is entitled to refuse the connection or the supply; with danger to life or limb, it is this committed.
(3) by making or omission of the inspection of the system as well as their connection to the distribution system, the water supply company assumes no liability for lack of freedom of the system. This does not apply when it has found defects a review which pose a threat to life or limb.

§ 15 operation, extension and change of customer equipment and appliances, disclosure requirements are (1) conditioning and appliances to operate, that errors other customers, disturbing implications of facilities of water supply company or third party, or impact on the quality of drinking water are excluded.
(2) extensions and changes of the system and the use of additional appliances shall be communicated to the water supply company, as far as this price rated sizes change or to be observed performance increased significantly.

§ 16 right of access the customer must allow access to its rooms and facilities referred to in section 11 the Commissioner with a pass of the water supply company, as far as this is necessary and agreed upon for the examination of technical facilities to carry out other rights and obligations under this regulation, in particular to the reading, or for determining price bases.

§ 17 technical connection conditions the water supply company has the right to set more technical requirements at the home port and other equipment, as well as on the operation of the system, as far as this is necessary for reasons of safe and trouble-free supply, in particular with regard to the requirements of the distribution network. These requirements must not be contrary to the recognized rules of technology. The connection of certain appliances may be subject of the prior consent of the utility. Consent may only be withheld if the connection would endanger a safe and trouble-free supply.
(2) the water supply company has to show the further requirements of the competent authority. The authority may criticise them if they are incompatible with the content and purpose of this regulation.

§ 18 measurement (1) which provides water supply companies the amount of water consumed by the customer by measuring devices that comply with the calibration regulations. For public consumption, the quantity delivered can be also calculated or estimated if measure disproportionate to the amount of the costs.
(2) the water supply company has to ensure that a proper measurement of the amount of water consumed is guaranteed. It determines the type, number and size and location of the measuring devices. As well, the delivery, installation, monitoring, entertainment and distance measuring equipment is task of the company. It has to listen to the customers and the port workers and safeguard their legitimate interests. It is obliged at the request of the customer or of the house owner to move the measurement services, if this is possible without compromising a faultless measurement; the customer or the house owner is obliged to bear the costs.
(3) the customer is responsible for the misplacement or damage to the measuring devices, as far as this fault him. He has the loss forthwith damages and errors these facilities the water supply company. He is obliged to protect them against water, dirt and groundwater as well as frost.

§ 19 review of measuring equipment (1) the customer may request the verification of the measuring at any time according to section 39 of the measurement and calibration Act. The customer must request examination not of the water supply company, he shall notify this before submitting.
(2) assessing costs the company to load, if the deviation exceeds the statutory transport error limit, otherwise the customer.

Article 20 the measurement devices are reading (1) by the Commissioner of the water supply company in same time intervals or read at the request of the company by the customer. It has to ensure, that the measuring facilities are easily accessible.
(2) as long as the representative of the company can enter the premises of the customers, not for the purpose of reading, the company must estimate the consumption on the basis of the last reading; the actual conditions are adequately taken into account.

§ 21 calculation error (1) checking of the measuring equipment is the transport error limit exceeded or errors are identified in the determination of the amount invoiced, the computed too much or too little amount to reimburse or pay for. Is the size of the error does not correctly determine or a measuring device does not display, so the water supply company determines the consumption for the time since the last error-free reading from the average fuel consumption of their previous and following the defect the reading period or on the basis of last year's consumption by estimating; the actual conditions are adequately taken into account.
(2) claims are limited to the defect of the preceding the reading period referred to in paragraph 1, unless the effect of the defect can be determined over a larger period of time; in this case, the claim to no longer than two years is limited.

§ 22 use of water (1) the water is only for one's own purposes of customers, its tenants and similar to entitled persons made available. Forwarding to third parties is only permitted with the written consent of the water supply company. These must be granted if not overwhelming supply economic reasons preclude the interest to the forwarder.
(2) the water must be used for all purposes insofar as not in this regulation or in accordance with other statutory or regulatory provisions restrictions are intended. The water supply companies can limit the use for specific purposes, insofar as this is necessary to ensure the General water supply.
(3) the connection of the equipment for the reference of building water shall be requested from the water supply company before starting construction work. The applicant has the water utility companies to refund all the production and removal of construction water supply costs. Sentences 1 and 2 apply to other connections temporary purposes according to.
(4) water should be drawn from public hydrants not to fire, but other temporary uses, to use hydrant standpipes of the water supply company with water meters.

Article 23 penalty (1) removes water customer, bypassing, influence on or prior to installation of the measuring equipment, or after setting the supply, so the water supply company is entitled to demand a contractual penalty. It can be assumed a maximum of five times of that consumption, resulting pro rata on the basis of previous year consumption for the period of unauthorized removal. The previous year consumption of the customer can be identified not one comparable customers is to be based. The penalty is calculated according to the prices for the customers.
(2) a penalty may also be required if the customer intentionally or grossly negligently violates the obligation to make the information required for the pricing. The penalty is twice of the amount the customer fulfilling its obligation to pay in addition would have had after the applicable prices.
(3) the duration of the unauthorized removal or the beginning of the notification obligation cannot be determined, is so the penalty may be imposed after foregoing principles over a set period, for no longer than a year.

Article 24 settlement, price-change clauses (1) is the fee after choice of the water supply company monthly or in other time periods, which, however, twelve months does not significantly exceed, settled.

(2) the prices change within a billing period is relevant for the new prices consumption is calculated pro rata temporis; seasonal fluctuations in consumption are reasonable to take into account on the basis of the experience relevant for each customer group. The same applies when changing the sales tax rate.
(3) price-change clauses are cost close to make out. You may change the prices only by such factors make dependent on the procurement and deployment of water are. The calculation factors must be assigned completely and in General an intelligible form.

Section 25 is billed payments (1) consumption for several months, so the water supply company for the amount of water used after the last settlement may require advance payment. This is pro-rated for the period of payment according to the consumption in the last settled period to calculate. Such a calculation is not possible, so the payment is calculated according to the average consumption of similar customers. The customer makes credible that its consumption is considerably lower, this is appropriate to take into account.
(2) change the prices, so the falling after the price change payments with the percentage can be adapted according to price changes.
(3) results from billing, that excessive advance payments were asked, the excess amount is to refund immediately, but no later than the next tee-off demand to charge. Too much paid reductions are immediately after termination of the supply relationship.

Section 26 forms for invoices and charges forms for bills and deductions must be understandable. The factors relevant to the claim shall be disclosed fully and in General an intelligible form.

§ 27 payment, arrears (1) invoices and charges apply at the time specified by the water supply company, but not before two weeks after receipt of the request for payment.
(2) in the case of default of payment of the customer the water supply company may charge if it prompts again to pay or collect the amount by a Commissioner can be also sweeping the costs thereby incurred.

§ Entitled 28 advance payments (1) that is water supply company, to demand advance payment if the circumstances of the individual case to get is that the customer does not or not timely meet his payment obligations for the water consumption of a billing period.
(2) the advance payment is calculated according to the consumption of the previous billing cycle or the average consumption of similar customers. The customer makes credible that its consumption is considerably lower, this is appropriate to take into account. The period extends over several months and the water supply company collects payments, it may require advance payment only in as many installments. The advance payment is to charge in the next issue of the invoice.
(3) under the conditions of paragraph 1, the water supply company for the creation or change of home port, as well as in the cases of § 22 para 3 sentence 1 may require payment in advance.

§ 29 security deposit (1) is the customer or connecting employees to the advance payment not in the position, so the water supply company in an appropriate level may require security.
(2) cash collateral be remunerated to the respective base interest rate according to § 247 of BGB (Bürgerliches Gesetzbuch) (civil law.
(3) if the customer or port workers is in default and it does not immediately comply with his payment obligations from the supply ratio after renewed a request for payment, so the water supply company of safety can pay off. This is to indicate in the request for payment. Price losses on the sale of securities shall be borne by the customers or port worker.
(4) the security is to return when their conditions have lapsed.

Objections to invoices and discount calculations entitle § 30 non-payment payment postponement or refusal of payment only, 1 and 2 as far as is apparent from the circumstances, that there are obvious errors, if the suspension of the payment or the non-payment period of two years after receipt of a bill or discount calculation is made.

§ 31 set-off against claims of the water supply company may be offset only with undisputed or legally established counterclaims.

§ 32 term of the supply contract, termination (1) the contractual relationship as long as continuously will continue until it is terminated by either side with a period from one month to the end of a calendar month.
(2) in the case of a move, the customer is entitled to terminate the contract with a two-week period at the end of each calendar month.
(3) the consumption set by water without due notice, the customer is liable the water supply company for the payment of the price of water for the consumption displayed by the measuring device and all other obligations.
(4) a change in the person of the customer is to communicate immediately to the water supply company and its consent. The company is not obliged to agree to the entry of the third in the rights deriving from the contractual relationship and obligations.
(5) an undertaking in the rights deriving from the contractual relationship and obligations occurs instead of the previous water supply company, so it required not the consent of the customer. The change of the water utility is to announce publicly.
(6) the notice requires the written form.
(7) the customer may request a temporary shut-off its connection without loosing the contractual relationship.

§ 33 setting the supply, termination without notice (1) the water supply company is entitled without notice discontinue the supply, to avert an imminent threat to the safety of persons or equipment if the customer contravenes the General supply conditions and the adjustment is necessary to 1., 2. to prevent the consumption of water, bypassing, influence on or prior to installation of the measuring equipment or to ensure 3, that errors other customers , disruptive repercussions on bodies of the company or third party, or impact on the quality of drinking water are excluded.
(2) in the case of other infringements, in particular for non-performance of payment obligations despite a reminder, the water supply company is entitled to discontinue supplying two weeks after notice. This does not apply if the customer presents have the consequences of setting out of proportion to the seriousness of the infringement and reasonable chance that the customer meet his obligations. The water supply companies can at the same time threaten the setting of care with the reminder.
(3) the water supply company has to resume the supply without delay as soon as the reasons for their attitude are be omitted and the customer has replaced the cost of adjustment and recovery of the supply. Flat rate, the cost can be calculated.
(4) the water supply company is entitled in the cases of paragraph 1 without notice to terminate this agreement, in the cases of numbers 1 and 3 only, if the conditions for adjusting the supply repeatedly. In case of repeated infringements referred to in paragraph 2, the company to immediate termination is entitled, if it was threatened two weeks ago; Paragraph 2 sentences 2 and 3 shall apply mutatis mutandis.

§ 34 place of jurisdiction (1) the place of jurisdiction for merchants, legal entities of under public law and public funds is at the headquarters of the operating body responsible for the customers of the water supply company.
(2) the same applies, 1 if the customer has no general place of jurisdiction in Germany, or 2. If the customer after conclusion of the contract moved his domicile or normal place of residence from the scope of this regulation or his domicile or habitual residence at the time of the legal action is not known.

Section 35 (1) legislation which regulate the supply relationship public, public water supply are accordingly to make the provisions of this regulation; the provisions of the administrative procedure, as well as Community legislation for the control of tax law remain unaffected.
(2) upon entry into force of this regulation legislation, public governing the supply ratio, are to bring before January 1, 1982.

section 36 (dropped out) section 37 (1) this regulation into force shall with effect from 1 April 1980.
(2) sections 2 to 34 also apply to supply contracts, which are established prior to April 1, 1980, immediately. The water supply company is obliged to inform the customer in an appropriate way about this. Term and termination provisions of the supply contracts concluded prior to promulgation of this Regulation shall remain unaffected.
(3) section 24 para 2 and 3, article 25, paragraph 1 and 2 and article 28 only apply to accounting periods beginning after December 31, 1980.

Closing formula 


The Federal Minister for economic