Regulation on the consumption-based accounting of heating and hot water costs (Regulation on heating cost accounting-heating costs)

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Heating Cost

Date of completion: 23.02.1981

Full quote:

" Regulation on heating cost accounting in the version of the notice of 5. October 2009 (BGBl. I p. 3250) "

Status:

New by Bek. v. 5.10.2009 I 3250

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.5.1984 + + +) 
(+ + + measures on the basis of the EinigVtr cf.  Heating Cost V Annex EV + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 32/2006 (CELEX Nr: 306L0032) see  V v. 2.12.2008 I 2375 
 And Bek.  v. 5.10.2009 I 3250 + + +)   

  

This Regulation was adopted pursuant to section 2 (2) and (2) 3 as well as § § 3a and 5 of the Energy Saving Act of 22.7.1976 I 1873 by the Federal Ministers of Economics and Technology for spatial planning, construction and urban development. Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to the distribution of costs

1.

the operation of central heating systems and central hot water supply systems,

2.

the independent commercial supply of heat and hot water, also from installations according to point 1, (heat supply, hot water supply)

by the building owner on the users of the rooms supplied with heat or hot water. (2) The building owner is the same

1.

Who, in his own name and for his own account, authorised the use of such a use,

2.

the person who has been transferred to the holding of installations within the meaning of Article 1 (1) (1) in such a way that he is entitled to demand a fee for the purpose of the service,

3.

in the case of home ownership, the housing owner's community in relation to the owner of the apartment, in the case of the renting of one or more condominities of the apartment owners in relation to the tenant.

(3) This Regulation shall also apply to the distribution of the costs of heat supply and hot water supply to the users of the rooms supplied with heat or hot water, to the extent that the supplier pays off directly with the users and in doing so does not cover the costs of the In these cases the rights and obligations of the owner of the building shall apply to the supplier. (4) This Regulation shall also apply to: Rental conditions for price-bound living space, unless otherwise specified for this is. Unofficial table of contents

§ 2 precedence over legal provisions

Except in the case of buildings with no more than two apartments, one of which is inhabited by the landlord himself, the provisions of this Regulation shall be subject to legal provisions. Unofficial table of contents

§ 3 Application to the property

The provisions of this Regulation shall apply to home ownership, whether or not by agreement or decision of the owner of the property deviating from the distribution of the costs of the supply of heat and hot water have been taken. The fitting and selection of the equipment in accordance with § § 4 and 5 as well as the distribution of the costs and the other decisions of the owner of the building in accordance with § § 6 to 9b and 11 are to be applied in accordance with the regulations governing the administration of the building. of the Community property in the property law, or have been made by agreement of the owner of the housing. The costs of fitting the equipment shall be distributed in accordance with the rules laid down therein concerning the management of the administrative costs. Unofficial table of contents

§ 4 obligation to apply to the consumer

(1) The owner of the building has to record the user's pro-rata consumption of heat and hot water. (2) In order to do so, he has to provide the rooms with equipment for the collection of consumption; the users have this to tolerate. If the owner of the building wants to rent the equipment for consumption recording or procure it by another type of use, he shall inform the user beforehand, indicating the costs incurred as a result; the measure shall be: inadmissible if the majority of users withhold within one month of receipt of the notification. The choice of equipment is left to the owner of the building within the framework of § 5. (3) Shared spaces are exempt from the obligation to apply the consumption. This does not apply to communal rooms with a high consumption of heat or hot water, such as swimming pools or saunas. (4) The user is entitled to demand the fulfilment of these obligations by the building owner. Unofficial table of contents

§ 5 Equipment for the collection of consumption

(1) For the purpose of recording the proportional heat consumption, heat meters or heating cost distributors are to be used for the detection of the proportional hot water consumption of hot water meters or other suitable equipment. In so far as non-legal provisions are applicable, only such equipment may be used for the purpose of the collection of excise duties, in respect of which expert bodies have confirmed that they comply with the recognised rules of technology. or that their suitability has been demonstrated in a different way. Only those places whose suitability has been confirmed by the competent authority in accordance with the State Law in consultation with the Physikalisch-Technische Bundesanstalt shall be considered as competent bodies. The equipment must be suitable for the heating system in question and must be fitted in such a way as to ensure its technically sound functioning. (2) The consumption of the users supplied by an installation within the meaning of Article 1 (1) shall not be used with the aid of: in the first instance, the shares of the groups of users whose consumption is covered by the same equipment are to be recorded first by means of pre-recording of the total consumption. The building owner can also carry out a pre-collection according to user groups in the case of different types of use or building, or for other appropriate reasons. Unofficial table of contents

§ 6 mandatory for consumption-related costs

(1) The building owner shall distribute the costs of the supply of heat and hot water on the basis of the consumption collection in accordance with § § 7 to 9 to the individual users. As a rule, the result of the reading is to be communicated to the user within one month. A separate communication is not required if the reading result is stored in the user's premises for a longer period of time and can be called up by the user himself. A separate notification of the consumption of hot water shall not be required even if a hot water meter is installed in the useful unit. (2) In the cases referred to in Article 5 (2), the costs shall initially be at least 50 per cent according to the ratio of the , to split shares in total consumption to user groups. If the costs are not fully allocated according to the ratio of the shares recorded in the total consumption,

1.

to distribute the remaining costs of the supply of heat to the individual user groups according to the living area or useful area or after the converted space; it is also possible to use the living area or floor area or the converted space of the heated rooms,

2.

distribute the other costs of the supply of hot water according to the living or useful area to the individual user groups.

The cost shares of the user groups shall then be distributed among the individual users in accordance with paragraph 1. (3) In the cases referred to in the second sentence of Article 4 (3), the costs shall be based on the ratio of the shares recorded in the total consumption to the common areas and the costs of the total consumption. to divide the remaining rooms. The distribution of the pro rata costs incurred in the common spaces is governed by legal provisions. (4) The choice of accounting standards pursuant to paragraph 2 as well as in accordance with § 7 (1) sentence 1, § § 8 and 9 shall remain the property of the building owner. . It can change these for future billing periods by explaining to users

1.

in the introduction of a pre-collection by user groups,

2.

after the implementation of structural measures, which have a lasting effect on heating energy, or

3.

for other factual reasons after their first provision.

The determination and modification of the accounting standards shall only be permitted with effect at the beginning of a billing period. Unofficial table of contents

§ 7 Distribution of the costs of the supply of heat

(1) From the cost of the operation of the central heating system, at least 50 of the hundred, at most 70 of the hundred shall be distributed according to the recorded heat consumption of the users. In buildings, which are the requirements of the heat-protection ordinance of 16 August 1994 (BGBl. 2121), which are supplied with an oil or gas heating system and in which the exposed lines of heat distribution are mainly insulated, the costs of operation of the central heating system shall be of the order of the hundred after the , to distribute the user's heat consumption. In buildings where the exposed lines of the heat distribution are predominantly uninsulated and therefore a significant proportion of the heat consumption is not recorded, the heat consumption of the users can be determined according to recognized rules of technology. . The consumption of individual users thus determined shall be taken into account as the recorded heat consumption in accordance with the first sentence. The remaining costs are to be distributed according to the living area or floor area or after the converted space; it is also possible to base the living area or floor area or the converted space of the heated rooms. (2) To the cost of the operation of the central Heating system including the exhaust system shall include the cost of the fuel consumed and its supply, the cost of the operating stream, the cost of operation, monitoring and maintenance of the plant, the periodic testing of its Operational readiness and operational safety, including the setting by a skilled person who Cleaning of the plant and the operating room, the costs of the measurements according to the Federal Immission Control Act, the cost of the rental or other types of use of a equipment for consumption collection as well as the costs of use equipment for the collection of consumption, including the cost of calibration and the cost of calculation, distribution and consumption analysis. In particular, the analysis of consumption should reflect the development of the costs of heating and hot water supply for the last three years. (3) For the distribution of the costs of heat supply, paragraph 1 shall apply. (4) The costs of the Heat supply shall include the charge for the supply of heat and the cost of the operation of the associated domestic facilities in accordance with paragraph 2. Unofficial table of contents

§ 8 Distribution of the costs of the supply of hot water

(1) From the cost of the operation of the central hot water supply system, at least 50 of the hundred, at most 70 of the hundred after the detected warm water consumption, shall be distributed to the other costs according to the living or useful area. (2) To the costs The operation of the central hot water supply system includes the costs of water supply, insofar as they are not charged separately, and the costs of water heating in accordance with § 7 (2). Costs of water consumption, basic fees and meter rent, the costs of the Use of intermediate counters, the cost of the operation of an in-house water supply system and a water treatment plant including the processing materials. (3) For the distribution of the costs of hot water supply, paragraph 1 shall apply. (4) The costs of the hot water supply include the charge for the delivery of the hot water and the cost of the operation of the associated domestic facilities in accordance with § 7 (2). Unofficial table of contents

Section 9 Distribution of the costs of the supply of heat and hot water for connected plants

(1) Where the central plant for the supply of heat is connected to the central hot water supply system, the cost of the holding shall be divided up in a uniform manner. In the case of installations with boilers, the shares in the uniformly incurred costs shall be determined according to the shares in the fuel consumption or the energy consumption, in the case of independent industrial heat supply in accordance with the proportions of heat consumption. Costs which have not been incurred in a uniform manner shall be added to the share of the costs which have been incurred in a uniform manner. The share of the central plant for the supply of heat is the result of the total consumption after deduction of consumption of the central hot water supply system. In the case of installations which are not supplied with heat either by heating boilers or by means of independent commercial heat supply, it is possible to use accepted rules of technology for the allocation of costs. The share of the central hot water supply unit in the heat consumption shall be determined in accordance with paragraph 2, the share of the fuel consumption referred to in paragraph 3. (2) The amount of heat (Q) generated by the central hot water supply system shall be as of 31 December To measure in 2013 with a heat meter. If the amount of heat can only be measured with an unacceptably high outlay, it can be used according to the equation

Q = 2.5-	kWh	-V-(tw-10 ° C)
	M 3 -K

shall be determined. The reason for this is that:

1.

the measured volume of the used hot water (V) in cubic metres (m ³ );

2.

the measured or estimated mean temperature of the hot water (tw) in degrees Celsius (° C).

If, in exceptional cases, neither the quantity of heat nor the volume of the hot water consumed can be measured, the quantity of heat produced on the central hot water supply system can be determined according to the following equation:

Q = 32-	kWh	-Aresidential
	M 2 ALiving

In this case, the living or useful area (living area), which is supplied by the central installation with hot water, is to be used. The amount of heat (Q) determined by the equations in the 2 or 4 sentence is

1.

multiply in the case of fuel-related billing of natural gas by 1.11; and

2.

to divide by 1.15 in the case of self-employed industrial heat supply.

(3) In the case of installations with boilers, the fuel consumption of the central hot water supply system (B) in litres, cubic metres, kilograms or shaking space meters shall be according to the equation:

B =	Q
	Hi

shall be determined. The reason for this is that:

1.

the quantity of heat (Q) referred to in paragraph 2 in kWh; of the central hot water supply system;

2.

the calorific value of the fuel consumed (Hi) in kilowatt hours (kWh) per litre (l), cubic meter (m ³ ), kilogram (kg) or bed trauma (SRm). As Hi values can be used for

Light heating oil EL	10	kWh/l
Heavy fuel oil	10.9	kWh/l
Natural gas H	10	kWh/m 3
Natural gas L	9	kWh/m 3
Liquid gas	13	kWh/kg
Coke	8	kWh/kg
Lignite	5.5	kWh/kg
Coal	8	kWh/kg
Wood (air dry)	4.1	kWh/kg
Wood pellets	5	kWh/kg
Holzhackschnitzel	650	kWh/SRm.

If the billing documents of the energy supply company or fuel supplier contain hi-values, they shall be used. In so far as the billing is based on kWh values, a conversion into fuel consumption is not required. (4) The share of the costs of the supply of heat is in accordance with § 7 (1), the share of the costs of the supply with hot water according to § 8 , to the extent that this Regulation does not determine or permit any other provision. Unofficial table of contents

Section 9a Cost distribution in special cases

(1) If the proportional heating or warm water consumption of users for an accounting period cannot be properly recorded due to equipment failure or for other compelling reasons, it shall be based on the consumption of the building owner on the basis of the consumption to identify the rooms concerned in comparable periods or the consumption of comparable other rooms in the respective accounting period or the average consumption of the building or the user group. The proportional consumption thus determined shall be based on the distribution of costs instead of the consumption recorded. (2) The residential or commercial area affected by the consumption determination referred to in paragraph 1 or the converted space 25 shall be exceeded by the hundred the total residential or useful area for the distribution of costs, or of the relevant entire converted space, shall be the sole cost of the costs of the distribution of the other costs in accordance with the fifth sentence of Article 7 (1) and Article 8 (1). to lay down legends. Unofficial table of contents

Section 9b Cost allocation in case of user change

(1) In the event of a change of user within a billing period, the building owner has to make a reading of the equipment for the consumption of the rooms affected by the change (intermediate reading). (2) The amount of the data collected according to the recorded consumption Distribution costs shall be based on the intermediate reading, the other costs of heat consumption on the basis of the number of days paid by the recognised rules of technology, or the other costs incurred by the (3) Is an intermediate reading. (3) Is an intermediate reading it is not possible, or because of the point in time of the user's change, for technical reasons, it does not allow a sufficiently precise determination of the consumption shares, the total costs shall be determined in accordance with the standards in force in accordance with paragraph 2 for the other costs (4) Legal business provisions differing from paragraphs 1 to 3 shall remain unaffected. Unofficial table of contents

§ 10 Exceeding of maximum rates

Legal provisions which provide for higher than the maximum rates of 70 of the hundred mentioned in § 7 (1) and § 8 (1) shall remain unaffected. Unofficial table of contents

Section 11 Exceptions

(1) Where the provisions of § § 3 to 7 relate to the supply of heat, they shall not be applied

1.

to rooms,

a)

in buildings which require a heating heat requirement of less than 15 kWh/ (m ² -a)

b)

in which the provision of equipment for the collection of excise duties, the recording of heat consumption or the distribution of the costs of heat consumption is not possible, or is only possible at a disproportionate cost; the costs are disproportionate, if they cannot be generated by the savings, which can normally be achieved within ten years; or

c)

which have been completed before 1 July 1981 and in which the user cannot influence heat consumption;

2.

a)

on old-age and nursing homes, students ' and apprentice homes,

b)

comparable buildings or parts of a building whose use is reserved for groups of persons with whom, owing to their particular personal circumstances, regular tenancy agreements are not concluded on a regular basis;

3.

on premises in buildings which are mainly supplied

a)

with heat from plants for the recovery of heat or from heat pumps or solar plants, or

b)

with heat from combined heat and power plants or from installations for the recovery of waste heat, provided that the heat consumption of the building is not covered;

4.

the costs of the operation of the associated domestic facilities, in so far as these costs are not included in the costs of the supply of heat in the cases referred to in Article 1 (3), but are charged separately from the owner of the building;

5.

in any other individual case in which the competent authority under national law has exempted from the requirements of this Regulation because of special circumstances, in order to avoid undue effort or other undue hardship.

(2) In so far as § § 3 to 6 and § 8 refer to the supply of hot water, paragraph 1 shall apply accordingly. Unofficial table of contents

§ 12 Right of reduction, transitional arrangements

(1) In so far as the costs of the supply of heat or hot water are not invoided in accordance with the provisions of this Regulation, the user shall have the right, in the case of the non-consumption-based invoicing of the costs, to the right of the user. to reduce the percentage of the population falling by 15 per cent. This does not apply in the case of home ownership in the ratio of the individual owner of the apartment to the community of apartment owners; in this respect, it remains in the general regulations. (2) The requirements of § 5 (1) sentence 2 shall apply until 31. December 2013 as fulfilled

1.

for the hot water cost distributor, which is available on 1 January 1987 for the collection of the water consumption of hot water, and

2.

for the other arrangements for the collection of consumption already existing on 1 July 1981.

(3) In the case of a price-bound apartment within the meaning of the Neubaumietenverordnung 1970, paragraph 2 shall apply, with the proviso that the date "1 July 1981" shall be replaced by the date "1 August 1984". (4) § 1 (3), § 4 (3) sentence 2 and § 6 (3) shall apply to: Accounting periods beginning after 30 September 1989; legal provisions relating to the prior application of these provisions shall remain unaffected. (5) In the cases referred to in Article 1 (3), the heat consumption of the individual users shall be 30%. September 1989 with facilities for measuring the amount of water, the requirement of § 5 (1) shall apply. (6) In the case of accounting periods commenced before 1 January 2009, this Regulation shall continue to apply in the version valid until 31 December 2008. Unofficial table of contents

§ 13 (Berlin-clause)

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Section 14 (Entry into force)

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Annex EV Excerpt from EinigVtr Annex I, Chapter V, field D, Section III
(BGBl. II 1990, 889, 1007)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...
Regulation on heating cost accounting in the version of the Notice of 20 January 1989 (BGBl. 115)
with the following measures:

a)

The Regulation shall enter into force on 1 January 1991. Until 31 December 1990, the rules referred to in Article 3 of the Treaty may be applied in accordance with the rules to date.

b)

Rooms which have been completed before 1 January 1991 and which do not yet have the equipment necessary for the consumption of the products required by the Regulation shall be provided no later than 31 December 1995. The building owner shall be entitled to install the equipment before 31 December 1995.

c)

Insofar as and as long as the competent authorities of the territory referred to in Article 3 of the Treaty have not yet confirmed the suitability of expert bodies pursuant to Article 5 (1) Sentences 2 and 3 of the Regulation, refunds may be provided for: In the case of a competent authority in the territory in which the Regulation was already subject before accession, it shall be used for the purposes of Article 5 (1), second sentence, of the Regulation.

d)

The heating values of the used fuels (Hu) according to § 9 (2) point 3 can also be used:

 Brown coal briquette 5.5 kWh/kg 
 Lignite high-temperature coke 8,0 kWh/kg   

e)

The provisions of this Regulation on the distribution of costs shall apply for the first time in respect of the accounting period which begins after the fitting of the equipment.

f)

Article 11 (1) (1) (b) must be applied with the proviso that the date "1 July 1981" shall be replaced by the date "1 January 1991".

g)

Section 12 (2) must be applied with the proviso that the date "1 January 1987" and "1 July 1981" shall be replaced by the date "1 January 1991" and "1 January 1991".