Reader question: How do I, as a tenant who supplies my own heat, prepare to claim reimbursement of the landlord's share of the carbon dioxide costs?
Your rented flat has its own gas heating, and you concluded the fuel contract yourself. The invoice shows carbon dioxide costs. The fact that you initially pay these to the supplier does not yet answer which share you ultimately have to bear in relation to the rental.
§ 6 paragraph 2 CO₂KostAufG provides a claim for reimbursement for tenants who supply their own heat or heat and hot water. [CO2KostAufG6] This article deals with the carbon dioxide costs. The costs of certain new heating systems, which are now additionally regulated by law, require a separate examination and are not silently included in the same amount.
Clarify scope and supplier invoice first
The law contains a specific scope and exceptions; the carbon dioxide allocation generally concerns billing periods from the beginning of 2023. [CO2KostAufG2][CO2KostAufG11] Therefore have the contract, supplier invoice, type of supply and billing period ready.
§ 3 prescribes important supplier information, including fuel emissions and the carbon dioxide cost component. [CO2KostAufG3] Look for these stated details. The total gas costs are not automatically carbon dioxide costs. If crucial data are missing, ask the supplier specifically, rather than estimating an arbitrary share of the total invoice.
Determine the correct bracket for the self-supplied flat
According to § 5 paragraph 3 the specific carbon dioxide emissions of the rented flat are determined per square metre of living space and year and compared with the statutory table. For differing periods the statutory adjustments must be observed. [CO2KostAufG5]
The classification does not replace an energy performance certificate value and is not read off from the age of the heating alone. Actual, correctly assigned emission data and the relevant living area are required. If the same fuel is used for several purposes, further rules under § 6 paragraph 3 must be examined. [CO2KostAufG6]
Fictitious calculation case without special corrections
For a learning case assume the scope applies, a full billing year, sole use for heating/hot water and all base data are already clarified. Assume 1.800 kilograms of carbon dioxide, 80 square metres of living space and €120 stated carbon dioxide costs. The figures are freely chosen and are not a price or consumption benchmark.
The division results in 22,5 kilograms per square metre per year. The statutory bracket of 22 to under 27 foresees 70 per cent for the tenant and 30 per cent for the landlord. [CO2Tabelle] In the assumed case 30 per cent of €120 yields a landlord share of €36. Other cost items are not included in this multiplication.
Check exceptions before issuing the final claim
§ 9 can, in the case of proven public-law obstacles to energy improvements, reduce the landlord's share or exclude a split. [CO2KostAufG9] An asserted particularity must therefore be substantiated and examined. The mere description “old building” does not replace this evidence.
Further fuel usage is also relevant: § 6 paragraph 3 distinguishes, among other things, commercial other purposes with special proof and additional own appliances with a statutory reduction. [CO2KostAufG6] The calculation example deliberately assumes that no such correction applies.
Notify the claim in a timely and comprehensible manner
§ 6 paragraph 2 requires the claim to be asserted in text form within twelve months after the billing by the fuel or heat supplier. If service charge advance payments have been agreed, the landlord can offset in the next annual statement following the notification; otherwise reimbursement is due no later than twelve months after notification. [CO2KostAufG6]
Therefore send the invoice, the comprehensible classification and the demanded share with a clear period and secure proof of receipt. Have the exact deadline calculated. A possible substitute amount will not be deducted from the next rent without further examination. Your completed result includes the examined claim and later the actual offset or payment.