If your building has central heating or is connected to district heating, you receive a separate bill for heating and hot water. The basis is usually the Heiz- und Kältekostenabrechnungsgesetz (HeizKG). It specifies how costs are divided between consumption and living area, by when they must be billed and how long you can raise objections.
When the HeizKG applies
The law applies to buildings with at least four units of use that are supplied together with heat, hot water or cooling and have meters or should have meters [S1]. Typical cases are a central heating system, a central hot water system or a district heating connection. If your flat has its own gas boiler or you heat with electricity, the HeizKG generally does not apply to you; in that case you pay directly to your energy supplier [S8].
The law refers to suppliers (who operate the system or pass on the heat) and recipients. Recipients include, among others, tenants whose right of use comes directly from the owner of the building, as well as apartment owners [S2]. If you rent a condominium, you may also have the rights of a recipient, for example if you have a contract with the heat supplier yourself or it has been agreed with the owner that you bear the heating costs [S13]; in case of doubt seek advice.
Which costs are billed
The heating bill includes the energy costs – for example for gas, oil, pellets, electricity or district heating – and the other operating costs, such as maintenance, measuring equipment as well as reading and billing [S8][S9]. Costs that do not depend on consumption are distributed according to the serviceable floor area [S3]. Cold water does not belong in the heating bill [S8].
Consumption and area: the allocation key
If a system supplies heating and hot water, the costs must first be separated – preferably by measurement, otherwise according to a technical procedure. If neither is possible, a share between 50 and 70 percent is allocated to heating [S3]. Without an agreement, a ratio of 60 percent heating to 40 percent hot water applies in this case [S4].
After that the energy costs are divided:
- At least 55 and at most 85 percent are distributed according to measured consumption, the remainder according to area [S3].
- If there is no agreement, 70 percent by consumption and 30 percent by area applies [S4].
- For central cooling the consumption share must be at least 80 percent; without an agreement it is 90 percent [S3][S4].
A differing agreement must be made unanimously and in writing and takes effect at the earliest from the next billing period [S4].
Fictitious example: The heating energy of a building costs €20.000 after deduction of the hot water. With a 70 to 30 split €14.000 are distributed according to consumption and €6.000 according to area. Your flat consumes 3,5 percent of the measured heat and has 70 of 1.400 m² of serviceable floor area, i.e. 5 percent. Your share: €490 for consumption plus €300 for area, together €790 – hot water and other costs are added to this.
As the example shows, your share depends more on your own heating behaviour than on the size of the flat.
District heating using Vienna as an example
Arbeiterkammer Wien explains the billing using the example of district heating in Vienna. How billing is carried out depends on who holds the supply contract: either the building owner or the owners' association has the contract and passes the costs on within the building, or each flat has its own supply contract and receives the bill directly from the supplier [S10].
The price typically consists of a fixed part (basic and metering price, dependent on area) and a consumption price for the energy actually taken [S10]. Tariffs change; therefore check the current price sheet of your supplier. Cold water and sewer charges can appear on the district heating bill or in the operating costs – but not twice [S10]. For the consumption price, at least 55 percent must be distributed according to consumption for district heating [S3].
In other federal states regional district heating companies supply at their own prices. However, the allocation within the building there also follows the rules of the HeizKG, insofar as it is applicable.
Deadlines and your rights
- Accounting period: as a rule twelve months, for objective reasons up to a maximum of 16 months [S5].
- Account statement: at the latest six months after the end of the period [S5]. You will receive a summary stating, among other things, consumption, advance payments, result as well as place and period for inspection [S5].
- Inspection: Account statement and supporting documents are available for at least four weeks; copies are provided at your expense [S5].
- Settlement: Additional payments and credits are each due within two months of the account statement [S6].
- Claim for additional amounts: The supplier must assert deficits within one year after the end of the accounting period, otherwise they are excluded [S6].
- Objections: You must raise them in writing and with reasons at the latest six months after billing. Otherwise a properly made account statement is deemed approved [S7].
Who is the supplier in an individual case follows from the supply situation in the building; therefore direct objections to every party that has served or prescribed the account to you [S8]. If no account statement is provided or inspection is refused, you can apply to the district court to oblige the supplier to do so; a fine of up to 10.000 euros may be threatened in the process [S6]. The rules of the MRG concerning conciliation bodies apply mutatis mutandis to the procedure [S11]. In Wien the route therefore leads first to the Conciliation Board for housing law matters [S8].
Moving during the accounting period
If you move in or out in the middle of the period, you can demand an interim reading or a professionally prepared pro rata calculation – the costs are borne by the party who requests it. Without such an interim determination the amounts are allocated to the periods of use in equal monthly shares [S12]. The person who was in the dwelling during the relevant period must make additional payments; a credit also applies only for one’s own period of use [S12]. When moving out, provide your new address so that credits or additional claims can reach you [S12].