The key points at a glance
- You may only pass on operating costs if the tenancy agreement provides for it. The usual approach is a reference to the German Operating Costs Ordinance (BetrKV).
- The billing period covers no more than 12 months, usually the calendar year.
- The statement must reach the tenant no later than 12 months after the end of the period. After that, additional claims are excluded.
- Not recoverable are, among others, administration, maintenance and reserve contributions. Cable TV has been out since July 2024.
- Four mandatory formal elements: total costs, allocation key, tenant's share and deduction of the advance payments.
On this page
Legal basis: Section 556 of the German Civil Code and the Operating Costs Ordinance
Two sets of rules carry the entire statement: Section 556 of the German Civil Code (BGB) and the German Operating Costs Ordinance (BetrKV). The Civil Code sets the framework for the pass-through, the billing and the deadlines. The Operating Costs Ordinance defines in 17 items which cost types qualify as operating costs in the first place, from property tax to other operating costs.
Nebenkosten or Betriebskosten?
In everyday German almost everyone says Nebenkosten (ancillary costs), while the law speaks of Betriebskosten (operating costs). Both mean the same thing: the running costs you can pass on to your tenants under Section 556 of the German Civil Code and the Operating Costs Ordinance. In English they are usually called service charges, and this guide uses the terms interchangeably.
The most important principle right at the start: you may only pass on operating costs if the tenancy agreement provides for it. The usual approach is a reference to the German Operating Costs Ordinance. Without such an agreement, the costs stay with you. So take a look at the tenancy agreement first: Is the pass-through agreed, and are special cost types specifically named? The answer determines which items you may later include in the statement. What a solid tenancy agreement looks like from the very beginning is shown in our guide Renting out your apartment.
Period and deadlines: twice 12 months
The deadline structure is pleasantly symmetrical and easy to remember. You bill over a billing period of no more than 12 months, in practice usually the calendar year, if only because many invoices, such as the property tax, arrive on an annual basis. Two deadlines follow: first yours, then your tenant's.
12 months for your statement
The statement must reach your tenant no later than 12 months after the end of the billing period. For the 2025 calendar year that means: receipt by December 31, 2026. What counts is receipt by the tenant, not the date you send it.
12 months for the tenant to object
From receipt of the statement, your tenant has 12 months to raise objections. Keep receipts and calculations close at hand, and every query is answered quickly.
What happens if you are late? If the statement arrives too late, additional claims are excluded. Only if you are not responsible for the delay does a claim remain possible. A credit in the tenant's favor, on the other hand, is owed in any case, even if the statement is late. Missing the deadline can therefore only work against you.
That is exactly why a fixed rhythm pays off: if you prepare the statement every spring, for example, you have many months of buffer and never have to calculate under time pressure. The delivery route is part of the plan too: since receipt is what counts, the statement should not be sent out only in the last days of December.
Recoverable or not: the cost types at a glance
The heart of every statement is the correct selection of cost types. The German Operating Costs Ordinance lists 17 recoverable cost types. They stand opposite costs that never belong in the statement, however closely they relate to the building. The table shows the most important items on both sides:
| Recoverable under the BetrKV | Not recoverable |
|---|---|
| Property tax (Grundsteuer) | Administrative costs, including the property manager's fee |
| Water and wastewater | Maintenance and repairs |
| Heating and hot water | Contributions to the maintenance reserve |
| Elevator | Bank charges |
| Street cleaning and waste collection | Cost share of vacant apartments (borne by the landlord) |
| Building cleaning and pest control | Cable TV (pass-through ended in July 2024) |
| Garden maintenance | |
| Communal lighting | |
| Chimney sweep | |
| Property and liability insurance for the building | |
| Caretaker (excluding shares for administration and maintenance) | |
| Communal antenna | |
| Shared laundry facilities | |
| Other operating costs (only if specifically named in the tenancy agreement) |
Three items deserve a second look:
- Caretaker: The caretaking work itself is recoverable. If the invoice includes shares for administration or maintenance, you deduct those.
- Other operating costs: This item only counts if the respective cost type is specifically named in the tenancy agreement. A general reference to "other operating costs" is not enough.
- Vacancy: If an apartment is vacant, you bear its cost share yourself. It must not be spread across the remaining tenants.
Current: cable TV is out
With the abolition of the so-called "ancillary cost privilege" (Nebenkostenprivileg), cable TV costs can no longer be passed on since July 2024. Since then, your tenants sign their own TV contracts. Check older statement templates and remove the item.
In addition, the principle of cost-effectiveness applies to all items: with operating costs, you must keep costs and benefits in reasonable proportion. An occasional price comparison for insurance, cleaning or garden maintenance is therefore time well spent, and lower service charges please your tenants too.
Heating costs: consumption-based and with the CO2 split
Heating and hot water are the largest item in most statements and follow their own rules: under the German Heating Costs Ordinance (Heizkostenverordnung) you bill these costs 50 to 70 percent based on consumption, that is, on actually metered usage.
Since 2023 the CO2 cost split has been added: for residential buildings, the CO2 costs from fuels are divided between landlord and tenant according to a ten-tier model. The worse the building's energy performance, the larger your share as the landlord. For the statement this means: you no longer pass these costs on in full, only the tenant's share under the tier model.
A figure from our directory
218 of the 2,176 property management companies in our directory list digital heating cost billing (as of July 2026, based on our own analysis of our directory). If you would like to hand the statement over to a management company, you can look out for exactly this feature.
Formal requirements: the four mandatory elements
Formally, your statement does not need to be a work of art. Four elements, however, are mandatory; they form the skeleton of every statement:
Checklist: mandatory formal elements
- An orderly compilation of the total costs: all cost types of the billing period, clearly listed
- Statement and explanation of the allocation key: the standard by which you distribute the costs, explained briefly and clearly
- Calculation of the tenant's share: the arithmetic path from the total costs to the individual apartment's share
- Deduction of the advance payments made: this produces the result, an additional payment or a credit
That is all the formalities require. A short, friendly cover letter with the result rounds off the statement and prevents queries.
Rented-out condominium: the Hausgeld statement is not the service charge statement
If you rent out a condominium, the WEG property management sends you the annual statement of the Hausgeld (the monthly fee every condominium owner pays) each year. The obvious idea of simply passing this statement on to the tenant leads you astray: the Hausgeld statement of the condominium owners' association (WEG) is not the service charge statement. It also contains items you may not pass on, first and foremost the property manager's fee, maintenance costs and the contribution to the maintenance reserve.
Your task: extract the recoverable items and use them to prepare the service charge statement for your tenant. Good property management companies take much of this work off your hands by listing the recoverable costs separately in the annual statement. When choosing a management company, look for exactly this breakdown. What the Hausgeld covers in detail is explained in our guide Hausgeld.
Typical mistakes that are easy to avoid
In practice, the same stumbling blocks come up again and again. All of them can be avoided with little effort:
- Billed too late: Once the 12-month deadline has passed, additional claims are excluded. A fixed billing date early in the year creates a reserve.
- Non-recoverable items slip in: The property manager's fee, repairs and bank charges never belong in the statement.
- Cable TV is still listed: The pass-through ended in July 2024. Update older templates.
- Hausgeld statement passed on 1:1: For rented-out condominiums, the recoverable items must be extracted.
- Allocation key without explanation: Merely stating it is not enough, the key must also be explained.
- Advance payments not deducted: Without the deduction, one of the four mandatory elements is missing.
- Vacancy passed on: You bear the cost share of vacant apartments yourself.
Build these points into your own template once and you benefit every year: the statement becomes routine.
Delegate instead of doing it yourself: a management company takes over completely
Everything in this guide is something you can do well on your own. But you do not have to: a rental property management service (for the entire rental building) or an individual unit management service (Sondereigentumsverwaltung, for a single rented-out condominium) takes over the service charge statement completely, from selecting the costs through the allocation key to delivery on time. You keep the overview, the management company does the work. What that costs is shown in our guide Costs and fees.
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Frequently asked questions about the service charge statement
What is the deadline for the service charge statement?
The statement must reach the tenant no later than 12 months after the end of the billing period. If you bill by calendar year, it must therefore reach the tenant by December 31 of the following year. The billing period itself may cover no more than 12 months.
What happens if I issue the statement too late?
Once the deadline has passed, additional claims are excluded, unless you are not responsible for the delay. A credit in the tenant's favor, however, remains owed even if the statement is late. It therefore pays to prepare the statement early in the year.
Which costs can I pass on to my tenants?
Recoverable are the operating costs listed in the German Operating Costs Ordinance, provided the tenancy agreement provides for the pass-through. They include, among others, property tax, water and wastewater, heating and hot water, the elevator, street cleaning and waste collection, building cleaning, garden maintenance, the chimney sweep, building insurance and the caretaker. Other operating costs only count if they are specifically named in the tenancy agreement.
Which costs are not recoverable?
Not recoverable are administrative costs including the property manager's fee, maintenance and repairs, contributions to the maintenance reserve and bank charges. As the landlord, you bear the cost share of vacant apartments yourself.
What must the statement formally contain?
Four elements are mandatory: an orderly compilation of the total costs, the statement and explanation of the allocation key, the calculation of the tenant's share and the deduction of the advance payments made.
How do I prepare the statement for a rented-out condominium?
The annual Hausgeld statement of the condominium owners' association (WEG) is not the service charge statement. You extract the recoverable items and use them to prepare a separate service charge statement for your tenant. Good property management companies list the recoverable costs separately in the annual statement.
Can I still pass on cable TV costs?
No. Cable TV costs can no longer be passed on since July 2024, when the so-called ancillary cost privilege was abolished. Since then, your tenants sign their own TV contracts.
How long can the tenant object to the statement?
The tenant has 12 months to raise objections, counted from receipt of the statement.
Related guides
This guide was prepared with great care (as of July 2026) but does not replace legal or tax advice in individual cases. For special situations, such as deviating provisions in the tenancy agreement, a law firm specializing in German tenancy law can help.