Reader question: When does a 15 percent reduction come into consideration because of a missing consumption statement and which exceptions must be checked beforehand?
In your German heating cost statement the entire personal share is distributed only on the basis of square metres. Consumption values are missing. You have heard of a 15 percent reduction and want to check whether it applies in this particular statement. The visible area key alone is not yet sufficient for that.
§12 paragraph 1 HeizkostenV links the right to reduce to the fact that, contrary to the provisions of the Regulation, billing is not based on consumption. It concerns the cost share attributable to the user. [HeizkostenV12] The decisive word is the deviation from an actually existing obligation.
A permissible basic cost line is not an error
According to the basic rules for central heating and hot water, at least 50 and at most 70 percent are distributed according to recorded consumption; in addition there is another cost share, in particular according to area. For heating §7 contains further special provisions. [HeizkostenV7][HeizkostenV8]
Therefore first search the full statement for both parts. A separate line “Grundkosten nach Fläche” does not by itself trigger a reduction. Check whether there are consumption costs with the values actually allocated to you alongside it. Do not confuse the allocation to user groups with the final share of your own unit. [HeizkostenV6]
Clarify scope of application and exceptions
The Regulation has a special precedence over contractual agreements; §2 excludes certain houses occupied by the landlord with at most two flats. §11 contains further exceptions, for example for certain homes, particularly low heating demand or disproportionate expense as well as official exemptions. [HeizkostenV2][HeizkostenV11]
Please, when an exception is claimed, state the concrete factual circumstance alleged and the basis for it. The statement “measuring is not worthwhile” does not automatically confirm that requirement. Likewise, an actually documented exception will not be ignored because a consumption-based statement would have been desirable in your case.
Alternative determination is a separate question
If recording has failed, §9a may, under its conditions, provide for other methods of determination and, for certain larger failures, a special distribution. [HeizkostenV9a] A single missing reading value is therefore not classified as a complete breach without further examination.
Submit the explanatory note you received about this. What failed, which unit or area is affected and which calculation was applied instead? If the reply is incomprehensible, ask for this specific calculation method. The mere designation “estimate” does not decide either its admissibility or the right to a reduction.
Calculate the correct basis only after classification
In the hypothetical case it is already individually clarified that the exclusively area-related heating cost statement, without a relevant exception, violates the Regulation. The affected personal heating cost share amounts to 1.200 Euro. Fifteen percent of that is 180 Euro.
The calculation is therefore made neither on the entire annual rent nor on the heating costs of the whole building. A payment already made in advance and the final additional payment are also not automatically the same calculation basis. Which costs are covered by a specific breach belongs in the examination of the complete billing document.
Assert the result specifically
Keep the statement, the contested distribution, information on exceptions and your own calculation method together. Other information or equipment obligations have their own facts under §12; they are not dealt with across the board by 15 percent. The relationship of an apartment owner to the community is also expressly regulated differently. [HeizkostenV12]
Have the scope and legally secure implementation of the concrete reduction clarified before you change the ongoing rent payment. A substantiated objection to a particular statement is more helpful than a blanket reduction because of all suspected errors.