Heating Cost Distribution Key Violates Heizkostenverordnung

What does it mean?

The Teilungserklärung mandates a heating-cost distribution key (e.g. by Balkonfläche or Wohnfläche only) that conflicts with the Heizkostenverordnung (1981): that regulation requires at least 50–70 % of heating costs to be allocated by measured consumption. The clause is therefore partly unenforceable; current billing must combine a consumption-based share with the fixed share.

Is this a problem when buying?

Something to clarify before buying. Not an automatic deal-breaker, but worth checking.

What you should do as a buyer

Ask the current Verwalter for recent Heizkostenabrechnungen and confirm that ≥ 50 % is distributed verbrauchsabhängig. If not, the community is exposed to Anfechtungsrisiko by any owner who disagrees with the bill.

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