Nebenkostenabrechnung: Annual Utility Bill Audit
Check your annual service charge settlement. Landlords must issue it within 12 months of the accounting period. Learn which costs are illegal and how to contest them.
WHAT TO DO
What is it and when to do it?
The Nebenkostenabrechnung is an annual settlement of operating costs (heating, water, building cleaning, property insurance, etc.). The landlord must issue it within 12 months of the accounting period ending (§556 Abs. 3 BGB). Miss the deadline and the right to demand additional payment is forfeited.
Cost traffic light
Check each line item using this traffic-light principle:
Green — tenant pays (§2 BetrKV):
Heating and hot water, cold water and sewage, building cleaning, lift operation, building insurance, land tax (Grundsteuer), refuse collection, street lighting, garden maintenance (if in the contract).
Red — landlord pays (cannot be charged to tenants):
Maintenance and repair costs, property management fees, tenant-search costs, roof repairs, landlord’s personal insurance.
Checking the Verteilerschlüssel
Operating costs are split between apartments using a distribution key set out in the rental contract — usually floor area (Wohnfläche) or number of occupants (Personenzahl). If the bill uses a different key, that alone is grounds for an objection.
I received a €600 demand. Checking against §2 BetrKV, I found roof-repair costs included in the bill. I sent a written objection citing the provision — two weeks later a corrected bill arrived for €180.
Always request Belegeinsicht — the right to inspect the original receipts. The landlord must produce documentation for every cost item (§259 BGB). Arrange an appointment or ask for copies — this is your legal right.
FREQUENTLY ASKED QUESTIONS
Which costs are landlords NOT allowed to pass on to tenants? ▾
Only costs listed in the exhaustive catalogue of §2 BetrKV may be charged to tenants. Not permitted: maintenance and repair costs (the landlord's responsibility), property management fees (Verwaltungskosten), tenant-search costs, roof repairs, and the landlord's personal insurance.
How long do I have to contest the bill? ▾
12 months from the date you received the Nebenkostenabrechnung (§556 Abs. 3 BGB). After that deadline, neither party can raise objections — the landlord cannot demand additional payment either if the bill arrived more than 12 months after the accounting period ended.
What if the Abrechnung arrives more than 12 months after the accounting period? ▾
The landlord loses the right to demand a top-up payment (§556 Abs. 3 BGB). However, your right to a refund of overpaid advance payments remains intact. Send a written objection stating this rule.