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Tenancy (major section)

§ 535 Contents and principal obligations of the lease

(1) Through the lease, the landlord is obliged to grant the lessee the use of the leased property during the rental period. The owner has abandoned the leased property to the tenant in a suitable condition for the contractual use and maintain them during the rental period in that state. He has to bear the burden resting on the leased property.

(2) The tenant is obliged to pay the lessor the agreed rent.

§ 536 rent reduction for material and legal defects

(1) If the leased property at the time of release to the tenant a bug that would cancel their intended contractual use, or results in the lease such an error, then the tenant for the time that is set aside on the suitability of the payment of rent free. For the time is reduced while the medical fitness, he has to pay only an appropriately reduced rent. Minor reductions in health is not considered.

(2), paragraph 1, sentence 1 and 2 shall also apply when a property is missing or later assured falls away.

(3) If the tenant the contractual use of the leased property by the right of a third party wholly or partly removed, paragraph 1 and paragraph 2 shall apply accordingly.

(4) In a residential lease is a tenant at the expense of deviating agreement ineffective.

§ 536a claim for damages and reimbursement of expenses of the tenant because of a defect

(1) If a defect within the meaning of § 536 upon conclusion of contract exists or develops such a defect is later due to a circumstance that has represented the owner, or if the landlord with the elimination of a defect in default, the tenant may, without prejudice to the rights demand damages for breach of § 536.

(2) The tenant may remedy the defect himself and demand compensation for the necessary expenses, if

1. the landlord with the elimination of the defect is in default, or 2 the immediate elimination of the defect to preserve or restore the stock of the leased property is necessary.

§ 536b note of the tenant's absence from the terms of contract or acceptance

Does the tenant when the contract was concluded for the lack of rented, it can access the rights in § § 536 and 536a not. Is it the lack of gross negligence remained unknown, it can access these rights only if the owner has fraudulently concealed the defect. If the tenant of a defective item, even though he knows the deficiency, he may invoke the rights under § § 536 and 536a on only if he retains his rights in adoption.

§ 536c defects occurring during the rental period, notification of defects by the tenant

(1) If, in the course of the rental period, a shortage of rented or leased a measure to protect against an unforeseen hazard is required, it must notify the tenant that the landlord immediately. The same applies if a third party usurps a right to the cause.

(2) the renter fails to report, then he is obligated to the landlord to compensate the damage resulting therefrom. Where the landlord due to the omission of the advertisement could not remedy, the tenant is not entitled to

1. The claim in § 536 to certain rights, 2 request pursuant to § 536a paragraph 1 for damages for breach of contract, or 3 to terminate without fixing a reasonable time to remedy the situation under § 543 para 3 sentence 1st

§ 536D Contractual exclusion of rights of the tenant because of a defect

In an agreement by which the rights of the tenant due to a defect in the rented be excluded or limited, the landlord may not claim if he has fraudulently concealed the defect.

§ 537 Payment of rent when the tenant's personal Prevention

(1) The tenant is not exempt from the payment of rent by the fact that he is hindered by a lie in his own person from exercising his fundamental right use. The landlord must, however, the value of the saved expenses and the benefits credited, which he obtained from a different utilization of use.

(2) Unless the landlord is a result of the transfer of use to a third party is unable to grant the lessee the use of it, the tenant is not obligated to pay the rent.

§ 538 wear of the hired through contractual use

Changes or deterioration of the leased property that are caused by the contractual use, has not represented the lessee.

§ 539 reimbursement for other expenses and removal of the tenant's right

(1) The tenant is the landlord charges for the leased property, which the owners do not replace him according to § 536a para 2, replaced by the provisions on agency without authority to require.

(2) The tenant has the right to remove a device with which he provided for the leased property.

§ 540 for use, to third parties

(1) The tenant is not allowed without the permission of the landlord to leave the use of the leased property to a third party, in particular, they continue to rent. The landlord refuses permission, the tenant may terminate the tenancy with the extraordinary legal time limit unless there is in the person of the third party with good cause.

(2) Left to the tenant to use a third party, he has the third party in the use of a burden falling fault responsible, even if the owner has granted permission for the release.

§ 541 Injunction for breach of contract use

Does the tenant contrary to the contract use of the leased continued despite a warning by the lessor, the latter may seek an injunction.

§ 542 the end of the tenancy

(1) is not determined, the rental period, either party may terminate the tenancy under the statutory provisions.

(2) A tenancy that has been received for a specific period, which ends with the expiry of that period, unless

1. In exceptional cases, the legally authorized terminated or 2 renewed.

§ 543 Extraordinary immediate dismissal for cause

(1) Each Contracting Party may, the lease for cause without notice greatly. Good cause exists if the termination, taking into account all the circumstances of the case, the fault of the parties, and weighing the interests of both parties to continue the lease until the expiry of the notice period or until other termination of the lease can not be expected.

(2) An important reason exists in particular if

1. the tenant of the contractual use of the leased in whole or in part not paid on time, or is withdrawn,

2. the tenant's rights violated by the landlord to a significant extent, that he rented by the neglect of care incumbent upon him in serious jeopardy, or a third party or unauthorized

3. the tenant

a) for two consecutive appointments with the payment of rent or a significant proportion of the rent in arrears or

b) in a period that extends over more than two appointments, with the payment of rent in an amount in arrears, which reaches the rent for two months.

In the case of sentence 1 No. 3, the termination shall be excluded if the landlord is previously satisfied. It is ineffective if the tenant was able to free himself from his debt by set-off and immediately declared after the termination of the netting.

(3) Where there are important fundamental in the breach of a duty under the lease, the notice will be permitted after the elapse of an adequate remedy for certain time limits, or after warning. This does not apply if

1. a deadline or a warning apparently no promise of success, 2 the immediate termination justified for special reasons of balance of mutual interests, or

3. the tenant with the payment of rent as defined in paragraph 2, No. 3 is in default. (4) At the Lessee under paragraph 2, the No. 1 entitled terminate the § § 536b, 536D and § § 469 apply correspondingly to 471st Disagree as to whether the landlord must allow the use of the leased time or effect of the remedy before the expiry of this specified period has, so it takes the burden of proof.

§ 545 Tacit renewal of the lease

Does the tenant after the expiry of the lease the use of the hired away, and then extended the lease for an indefinite period, unless an opposing party to explain its determination within two weeks the other part. The period begins

1. for the tenant with the continuation of such use,

2. for the landlord on the date in which he receives from the continuation thereof.

§ 546 obligation to return the tenant's

(1) The tenant is obliged to return the leased property after termination of the lease.

(2) the tenant has given up the use of the leased property to a third party, the owner may reclaim the property after the termination of the lease by the third party.

§ 546A compensate the landlord for late return

(1) If the renter returns the leased property after termination of the lease does not return, the landlord for the duration of the denial of compensation the agreed rent or the rent may require, which is customary for comparable cases.

(2) A claim for further damages is not excluded.

§ 547 refund of rent paid on them in advance

(1) has been paid the rent for the period after termination of the lease in advance, the landlord has to repay it back with interest from reception. If the landlord to terminate the tenancy is not responsible, he must reimburse the Acquired by the rules on the return of unjust enrichment back.

(2) In a residential lease is a tenant at the expense of deviating agreement ineffective.

§ 548 Limitation of Claims and the seizure laws

(1) The compensation of the lessor for any alteration or deterioration of the leased expire in six months. The period begins with the date on which he receives back the leased property. With the limitation of the right of the landlord to return the rented barred his claims for compensation.

(2) the tenant's claim for compensation for expenses or to design the capture of an institution shall expire six months after the termination of the lease.

(3) Where a party to the independent evidentiary proceeding under the Civil Procedure Code, the statute of limitations is suspended. Moreover, the provisions of § 477 paragraph 2 sentence 2 a.m. to 3 p.m., and paragraph 3 accordingly.

§ 549 applicable to housing tenancy rules

(1) For leases on housing apply to § § 535 to 548, if not from § § 549 to 577a suggests otherwise.

(2) The rules on rent increases (§ § 557 to 561) and on tenants at the termination of the tenancy and in the grounds of residential property (§ 568 para 2, § § 573, 573A, 573d, Section 1, § § 574 to 575, 575A, paragraph 1 and do not apply § § 577, 577a) for leases on

1. Accommodation, that is only leased for temporary use,

2. Accommodation, that is part of the landlord is the owner-occupied housing and to provide the landlord with most home furnishings, has provided the floor area to the tenant is not left for long-with his family or persons with whom he conducted a joint stable long-term budget

3. Housing, which has hired a legal entity under public law or a recognized private institution of social welfare to be left people with urgent housing needs, if it has indicated to the tenants upon conclusion of contract to the purposes of housing and the exclusion of those provisions.

(3) For living in a student or youth hostel apply § § 557 to 561, and § § 573, 573A, 573d para 1 and § § 575, 575A, Section 1, § § 577, not 577a.

§ 550 Form of lease

Will not the lease for a longer period than one year concluded in written form, it shall be for an indefinite period. The notice is not earlier than the expiration of one year permitted the release of the room.

§ 551 limit and construction of rental deposits

(1) has to pay the tenant the landlord to carry out its security duties, they shall, subject to paragraph 3, sentence 4 of the maximum of three times the amount attributable to one months rent without the fee, or as an advance reported operating costs.

(2) is to provide as security a sum of money, the tenant is entitled to three equal monthly installments. The first installment is due at the beginning of the tenancy.

(3) The owner has left to him to create a security sum of money with a credit at the rate for savings deposits at three months notice the usual rate. The Parties may agree a different form of investment. In both cases, separate the plant from the assets of the lessor and the lessee is entitled to the proceeds. They increase safety. When living in a student or youth hostel there is no obligation for the landlord, pay interest on security deposit.

(4) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 556 agreements on ownership

(1) The parties may agree that the tenant has ownership within the meaning of § 27 of the Second Calculation regulation.

(2) The parties may agree, unless otherwise rules that operating costs are reported as a lump sum or as a cash advance. Advance payments for operating costs may be agreed only in a reasonable amount.

(3) About the advance payments for operating costs is an annual bill, taking the principle of efficiency is observed. The settlement must be notified to the tenant no later than the end of the twelfth month after the end of the period. After this period, the assertion of a recovery is precluded by the landlord unless the landlord is not responsible for the delay Geldendmachung with. The landlord is not obligated to billings. Objections to the settlement must notify the tenant to the landlord no later than the end of the twelfth month after receipt of the settlement. After this period, the tenant can no longer assert defenses, unless the tenant is not responsible for the delay in claiming to be.

(4) A, to the detriment of the tenant of paragraph 1, paragraph 2, sentence 2 or 3 different agreement is void.

§ 556a accounting standard for operating

(1) Where the Parties have otherwise agreed to apportion the costs unless otherwise provided by rules based on the importance of living space. Operating costs, which are covered by a consumption or dependent of a covered cause of the tenants, according to a scale mutualise who wears the differential rates or different account of causation.

(2) the parties have agreed otherwise, the landlord can be determined by declaration in writing that the operating costs in the future, notwithstanding the agreement reached by all or part may be apportioned according to a scale which takes into account the different consumption or covered covered different causation account . The statement is admissible only before the start of a billing period. If the costs previously included in the rent, it shall be reduced correspondingly.

(3) A is ineffective to the detriment of the tenant of paragraph 2 otherwise specified.

§ 556b of the rent due date, offsetting and retention

(1) The rent is due at the beginning, not later than the third working day of each of the periods to which it is designed for.

(2) The tenant can meet a contractual provision for a rental payment to a claim because of § § 536a, 539, or for unjust enrichment because of overpaid rent off or exercise a lien over such a claim if it his intention to the owner at least one months appear before the due date of the rent in writing has. Any deviation to the detriment of the tenant agreement is null and void.

§ 557 in rent by agreement or law

(1) During the tenancy, the parties may agree to increase the rent.

(2) Future changes to the level of rent, the parties may agree to a graduated rent § 557a or § 557b as an index for rent.

(3) In addition, the landlord can rent increases only in accordance with § § 558 to require up to 560, unless an increase is excluded by agreement, or the exclusion resulting from the circumstances.

(4) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 558 in rent to comparative rent customary

(1) The landlord may agree to an increase in rental demand up to the customary comparative rent if the rent at the time at which the increase is to occur is unchanged for fifteen months. The Mieterhöhungsverlangen earlier than one year can be claimed after the last rent increase. Increases under § § 559 to 560 are not included.

(2) The customary comparative rent is composed of the usual charges agreed upon in a similar community or municipality for housing of comparable type, size, features, condition and location for the last four years or, except for increases under § 560, amended several are. Except for housing, in which the rent by law or in connection has been established with a funding commitment.

(3) Any upward adjustment pursuant to paragraph 1 may increase the rent within three years, except for increases under § § 559 to 560, not more than twenty per cent () threshold.

(4) The capping limit does not apply

1. If an obligation is extinguished the tenant to pay compensation in accordance with the provisions regarding the elimination of Fehlsubventionierung in housing because of the abolition of public commitment and

2. where the increase in the amount of last payment of compensation to be paid does not exceed.
The landlord can the tenant at the earliest four months prior to the abolition of public bond request to grant him within one month of the obligation to pay compensation and the amount of information.

(5) Of the annual amount, which would result in an increase to comparative rent local custom, are third-party funds within the meaning of § 559a deducted in the case of § 559a paragraph 1 with eleven percent of the grant.

(6) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 558a form and justification of the rent increase

(1) The Mieterhöhungsverlangen under § 558 is to explain to the tenant in writing and justified.

(2) In support may in particular be made to

1. Average rent one (§ § 558C, 558d)

2. one inquiry from a Mietdatenbank (§ 558e),

3. a reasoned opinion of a publicly appointed and sworn expert

4. appropriate charges for individual comparable dwellings; need only the appointment of three dwellings.

(3) If a qualified rent prices (§ 558d § 1) is complied with the provisions of § 558d Abs 2, data for the apartment, so shall notify the landlord in his Mieterhöhungsverlangen this information even if the rent increases based on another ground resources under paragraph 2.

(4) The reference to a rent index, which includes stretching, it is sufficient if the rent demanded is within this range. If the date on which the landlord gives his explanation, no rent prices available on the 558C para 3 and § § 558d Abs 2 is observed, can also use others, particularly a rent index of obsolete or a comparable rent prices Municipality will.

(5) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 558B Consent to rent increases

(1) Unless the tenant agrees to rent increases, he owes the increased rent at the beginning of the third calendar month after receipt of the increasing desire.

(2) If the tenant does not agree on rent increases until the end of the second calendar month following the receipt of such request, may sue the landlord for the grant of consent. The application must be filed within a further three months.

(3) is preceded by the action raises the price increase that meets the requirements of § 558a is not equal, it can make up for the landlord in court or to remedy the deficiencies of the increasing desire. The tenant is also in this case, the approval period under paragraph 2 sentence 1.

(4) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 558d Qualified Mietspiegel

(1) A qualified rent index is a rent index, which has been prepared in accordance with recognized scientific principles and accepted by the municipality or of interest to representatives of the landlord and the tenant.

(2) The rent index is skilled at intervals of two years to adapt to market developments. In a sample, or the development of the Federal Statistical Office calculated the price index for all households in Germany can be used. After four years of qualifying rent index is prepared.

(3) If compliance with the provisions of paragraph 2, it is presumed that the designated rent prices in the qualified charges reflect customary comparative rent.

§ 559 in rent for modernization

(1) the lessor has performed structural measures) to increase the practical value of the leased long term to improve the general living conditions in the long term or lasting effect on energy savings or water (modernization, or has performed other physical measures, due to circumstances for which he is not responsible, it can increase the annual rent at eleven per cent of the cost paid for the apartment.

(2) If building work has been performed for several homes, the costs are properly allocated between the individual dwellings.

(3) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 559B assertion of the increase, effect of increasing Statement

(1) The rent increase under § 559 is to explain to the tenant in writing. The declaration is effective only if the increase in it due to the costs calculated and presented in accordance with the requirements of § § 559 and 559a will.

(2) The tenant is liable to pay increased rent at the beginning of the third month after having received the declaration. The deadline is extended by six months, if the landlord the tenant does not have the expected increase of the rent notified pursuant to § 554 para 3 sentence 1 or if the actual rent increases for more than ten percent higher than that notified.

(3) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 560 Changes in operating costs

(1) If an operating allowance is authorized, the landlord, increases in operating costs by declaration in text form mutualise proportionally to the hirer to the extent agreed in the lease. The declaration is effective only if is known to her the reason for the levy and explained.

(2) The lessee owes the part of the levy attributable to him at the start of the second month following the statement. As far as the explanation based on enabling the operating costs have increased retroactively, it affects the timing of the increase in operating expenses, but not more than back to the beginning of the calendar year preceding the declaration, unless the owner, the declaration within three months after the note of the increasing provenance.

(3) reduce the operating costs, it is an operating allowance from the date of reduction to reduce accordingly. The reduction shall be reported immediately to the tenant.

(4) If pre-operating costs have been agreed upon, it may proceed either Contracting Party for a settlement by declaration in writing to adjust to an appropriate level.

(5) The changes in operating costs is important, the principle of profitability.

(6) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 568 Form and content of notice

(1) The termination of the lease requires the written form.

(2) The landlord shall inform the tenant in time to the possibility of the shape and the period of opposition under § § 574 to 574b.

§ 569 Termination for good cause

(1) An important reason for the purposes of § 543 paragraph 1 is available for the tenant even if the rented housing is such that its use is associated with a significant risk to health. This also applies if the tenant knew of the risk-generating nature of the terms of contract, or has waived that make a claim because of this condition due rights.

(2) An important reason for the purposes of § 543 paragraph 1 is present also when a party to disturb peace in the house permanently, so that the termination, taking into account all the circumstances of the case, the fault of the parties, and weighing the respective interests of the continuation of the tenancy until the expiry of the notice period or until other termination of the lease can not be expected.

(3) shall apply in addition to § 543 para 2 sentence 1 No. 3:

1. In the case of § 543 paragraph 2 sentence 1 No. 3 point a part of the arrears of rent shall only be regarded as insignificant, if it exceeds the rent for a month. This does not apply if the housing is rented only for temporary use.

2. The termination shall also be invalid if the owner no later than the expiration of two months of legal dependence is satisfied regarding the claim of eviction due rent and the compensation due under § 546A, subsection 1 or a public body committed to satisfaction. This does not apply if the termination does not exceed two years, already under sentence 1 has become ineffective termination is preceded it.

3. If the tenant has been convicted to pay a higher rent under § § 558 to 560, the lessor can lease payments because the tenant did not cancel prior to the expiration of two months after having been finally sentenced, unless the conditions of extraordinary termination without notice if only because the rent due date are met.

(4) The main reason leading to the dismissal must be stated in the letter of termination.

(5) An agreement that is different to the detriment of the tenant from paragraphs 1 to 3 of this provision or of § 543, is ineffective. Furthermore, an agreement is null and void, after which the owner will be entitled to terminate other than those authorized by law for reasons extraordinarily without notice.

§ 573c periods of regular termination

(1) The notice is later than the third working day of a calendar month to the end of the month after next. The period of notice for the landlord is extended to five and eight years since the release of the living space for three months.

(2) For housing, which has only been rented for temporary use, can be agreed for a shorter period of notice.

(3) For housing under § 549 para 2 no 2 is the termination of a month later than the fifteenth to the end of this month allowed.

(4) A is ineffective to the detriment of the tenant to paragraphs 1 or 3 different agreement.

§ 573d extraordinary notice of termination of statutory deadline

(1) Can a tenancy be terminated with the extraordinary legal deadline, with the exception of termination to the tenant's heirs according to § 564, § § 573 and 573A.

(2) The notice is later than the third working day of a calendar month to the end of the month after next, for housing under § 549 para 2, No. 2, at least on the fifteenth of the month to the end of this month statutory time limit (). § 573A para 1 sentence 2 shall not apply.

(3) A deviating agreement to the disadvantage of the lessee is ineffective.

§ 580a of notice

(1) If a lease of land on spaces that are not business premises, or in the register of ships registered vessels, the proper notice is permissible,

1. if the rent is expressed in days, every day of the expiry of the following day;

2. If the rent is measured in weeks, not later than the first working day following the end of a week on Saturdays;

3. if the rent in months or longer periods of time is measured, not later than the third business day of each calendar month of the end of the month after next, when a lease of commercial vacant land or in the register of ships registered vessels but only the end of each calendar quarter.

(2) For a lease of premises, the proper notice no later than the third business day of each calendar quarter, allowed the end of the next calendar quarter.

(3) If a lease of movable property is the proper cancellation allowed

1. if the rent is expressed in days, every day of the expiry of the following day;

2. If the rent is measured by longer periods of time, not later than the third day before the day will end with the expiry of the lease.

(4) paragraph 1 No. 3, paragraph 2 a.m. to 3 p.m. No. 2 shall also apply if a lease can be terminated with the statutory deadline.

The provision corresponds with only linguistic changes to the previous § 565 para 1, section 1a, as well as para 4 and 5 According to the official justification for the legislature to designate the different types follow the termination of the new unified terminology. § 580a, paragraph 4, the notice provides for the "extraordinary notice with a statutory deadline." Compared to the current law is the business rent explicitly stated that the extent applicable, the period of § 580a para 2nd Thus, the previously existing dispute that is the deadline to apply for the extraordinary termination of the legal limit at the business premises lease, taken in the sense of control (cf. OLG Düsseldorf, MDR 2001, 265; KG, 2001, GE decided to 552). Regulation on the establishment of operating Pers. Outline no.: 2330-32-2. Of 25 November 2003 (Federal Law Gazette, Part I, 2003, p. 2346)

§ 1 operating

1.Betriebskosten are the costs incurred by the owner or a long or by the ownership or leasehold on the land or the use as prescribed by the building, the annex building, equipment, facilities and the land continuously.

2. Property and labor of the owner or a long or may be carried at the amount for an equivalent benefit of a third party, especially an entrepreneur, could be set, and the turnover of the third party must not be set.

(2) The operating costs do not include:

1. the cost of labor required to manage the building and facilities, the cost of supervision, the value of the administrative work done by the landlord personally, the costs of statutory and voluntary audits of annual accounts and the costs of conducting business (administrative)

2. costs that must be expended during the life of the conservation of the proper use, in order to remove properly due to wear, aging and weathering effects resulting structural or other deficiencies (Instandhaltungsund repair costs).

§ 2 Statement of ownership

Operating within the meaning of § 1 are:

1.the current public burdens of the property, this belongs, in particular the land tax;

2. the cost of water supply, and include the cost of water consumption, the basic rate, the cost of rental or other forms of use, of water meters and the costs of their use, including the costs of verification and the cost of calculating and allocating the costs of maintenance of water regulators , the cost of running an in-house water supply plant and a water treatment plant, including the preparation materials;

3. the cost of dewatering, these include the fees for domestic and private property drainage, the cost of the operation of a corresponding non-public facility and the cost of operation of a drainage pump;

4. The cost of operating the central heating system, including exhaust system, this includes the cost of spent fuel and its delivery, the cost of operating current, the cost of the operation, monitoring and maintenance of the system, the periodic review of their operational readiness and operational safety, including setting a specialist, the cleaning of the facility and the operating room, the cost of measurement under the Federal Pollution Control Act, the cost of rental or other forms of use, one for metering equipment and the costs of equipment for the use of a metering, including the costs of verification and the cost the calculation and allocation;

or

b) the operation of the central fuel supply system, it includes the cost of spent fuel and its delivery, the cost of operating current and the costs of monitoring and the costs of cleaning the facility and the operating room;

or

c) the independent commercial supply of heat, even from premises within the meaning of

A letter, and include the payment for the supply of heat and the cost of the operation of the associated equipment to bring home a point;

or

d) the cleaning and maintenance of floor heating systems and Gaseinzelfeuerstätten, these include the cost of disposing of water, sediments and combustion wastes at the plant, the cost of regular review of operational readiness and operational security and the related adjustment by a qualified technician and the cost of the measurements according to the Federal - Pollution Control Law;

5. ades operation costs of the central hot water system, do the costs of water supply in accordance with paragraph 2 belong where they are not there already considered, and the cost of heating water, according to in paragraph 4 a;

or

b) the independent commercial supply of hot water, even from premises within the meaning of

A letter, and include the payment for the supply of hot water and the cost of the operation of the associated equipment to the house in paragraph 4 a;

or

c) the cleaning and maintenance of water heaters, these include the costs of removing water deposits and combustion residues in the interior of the equipment and the costs of the periodic review of operational readiness and operational security and the related adjustment by a qualified technician;

6. the costs associated heating and hot water installations

a) for central heating systems in accordance with paragraph 4, point a and in accordance with paragraph

2, where they are not there already taken into account,

or

b) the independent commercial supply of heat according to point 4 c

and in accordance with paragraph 2, provided they are not there already taken into account,

or

c) associated with floor heating and hot water supply systems in accordance with paragraph 4, point d, and in accordance with paragraph 2, where they are not there already taken into account;

7. the cost of the operation of passenger or goods lift, this includes the cost of operating current, the cost of supervision, operation, monitoring and maintenance of the system, the periodic review of their operational readiness and reliability, including the setting by a trained person and the costs of cleaning facility;

8. the cost of street cleaning and garbage disposal, the cost of street cleaning include the public for road fees and the costs of taking no public action, the cost of waste disposal, especially belonging to the garbage disposal fees, the costs of taking no public action the cost of the operation of waste compressors, Müllschluckern, Müllabsauganlagen and the operation amount of garbage collection facilities, including the cost of the calculation and allocation;

9. the cost of cleaning and pest control, to the cost of cleaning include the cost of cleaning up of the residents shared parts of buildings such as entrances, hallways, stairways, basement, attic rooms, laundry rooms, car of the elevator;

10. the cost of gardening, it includes the cost of nursing-scale gardening areas, including the replacement of plants and trees, the maintenance of playgrounds, including the replacement of sand and the maintenance of seats, entrances and access roads that serve the non-public transport;

11. the cost of lighting, this includes the cost of electricity for outdoor lighting and lighting of the residents shared parts of buildings such as entrances, hallways, stairways, basement, attic rooms, laundry rooms;

12. the cost of chimney cleaning, these include the Kehrgebühren after the relevant fees to the extent they are not already included as expenses to be in paragraph 4 a;

13th the cost of property and liability, and include in particular the cost of insuring the building against fire, storm, water and other natural forces, glass insurance, liability insurance for the building, the oil tank and the lift;

14th the cost of the care-taker, and include the remuneration, social security contributions and any cash benefits that the owner or the long or the janitor paid for his work, insofar as it concerns not the maintenance, repair, replacement, minor repairs or the property management, as far as working from the caretaker be executed, should not cost of labor set out in paragraphs 2 to 10 and 16 are scheduled;

15th costs

a) the operation of community antenna system, it includes the cost of operating current and the costs of the periodic review of their operation, including setting by a qualified technician or user fee for not belonging to the building antenna system and the fees under the Copyright Act for the cable retransmission arise;

or

b) the operation of private affiliated with a broadband cable distribution system, this includes the cost corresponding to a point, as well as the ongoing monthly charges for broadband connections;

16th The cost of operating the facilities for laundry care, these include the cost of operating current, the cost of supervision, care and cleaning of equipment, periodic review of their operational readiness and operational reliability and the cost of water supply in accordance with paragraph 2, provided they are not there already considered are;

17.sonstige operating costs, this includes operating costs as defined in § 1, which are not covered by the numbers 1 to 16 On the basis of § 1 paragraph 2, of § 2 para 2 a.m. to 3 p.m., § 3 para 2, § § 4 to 6, § 7 para 3 to 5 and § 8 of the energy conservation law of 22 July 1976 (BGBl I p. 1873), of which § § 4 a.m. to 5 p.m. by Article 1 of the Act of 20 June 1980 (Federal Law Gazette I, p. 701) have been amended, ordered the Federal Government regulation on energy-efficient insulation and energy-saving systems engineering for buildings

§ 1 Scope

(1) This regulation provides requirements for

1.Gebäude with normal indoor temperatures (§ 2 No. 1 and 2) and

2.Gebäude with low internal temperatures (§ 2 No. 3), including its heating, ventilation and air conditioning and hot water systems serving.

(2) 1This Regulation shall not apply with the exception of § 11 for

1. Farm buildings, which are mainly used for raising or keeping of animals,

2. Farm buildings, where they must be kept on the purpose of large scale and long-lasting open

3. underground structures,

4. Greenhouses and cultural areas for breeding, multiplication and sale of plants

5. Will air domes, tents and other buildings that are intended to be positioned repeatedly and cut up to.

2 On the heating elements, which are not in the spatial context of buildings in accordance with paragraph 1, is only applied § 11th

Regulation on energy-efficient insulation and energy-saving systems engineering for buildings

§ 2 Definitions

In this Regulation

1. with normal indoor temperatures, such buildings are buildings that are on the purpose to a temperature of 19 degrees Celsius, and more and more heated than four months a year,

2. Dwelling houses such buildings as defined in paragraph 1, which are used wholly or mainly for living well,

3. Buildings are those buildings with low internal temperatures, which on the purpose to an internal temperature exceeding 12 degrees Celsius and less than 19 degrees Celsius and is heated for more than four months a year,

4. Such rooms are heated rooms that are heated due to its intended use, directly or through space interconnection,

5. are renewable energies for heating purposes, hot water or ventilation of buildings used in a spatial context, and to derived solar energy, ambient heat, geothermal and biomass,

6. is a boiler of the combined boiler and burner heat generator, used to transfer the released by the combustion heat to the heat-carrying water,

7. are devices with a burner fitted to the boiler and fitted to a boiler burner

8. Nominal power is the highest of the boilers used in continuous heat given quantity per unit time, the boiler is set up for a Nennwärmeleistungsbereich, then the nominal thermal output of the usable within the bounds of Nennwärmeleistungsbereichs permanently set and highest heat output by an additional panel indicated, without additional plate is considered Nominal power the highest value of Nennwärmeleistungsbereichs,

9. is a standard boilers a boiler, where the average temperature can be restricted by its interpretation,

10th is a low-temperature boilers a boiler that can be continuously operated at an inlet temperature of 35 to 40 degrees Celsius, and in certain circumstances where it may come to condense the water vapor contained in exhaust gases,

11. a condensing boiler is a boiler, which for the condensation of a large part of the construct is contained in the exhaust steam. Regulation on energy-efficient insulation and energy-saving systems engineering for buildings

§ 6 minimum insulation, thermal bridges

(1) In buildings to be built are components that run distinguish it from the outside air, the earth or parts of buildings, with much lower temperatures, so as to compliance with the requirements of the minimum heat protection in accordance with recognized rules of technology.

(2) 1zu are constructions is to be designed so that the constructive influence on the annual heating demand thermal bridges according to the rules of the art and in each case commercially reasonable measures will be kept as small as possible. 2The remaining influence of the thermal bridge is to determine the specific account of the heat-transferring Umfassungsfläche related transmission heat loss and the annual primary energy according to Annex 1 No. 2.5. Regulation on energy-efficient insulation and energy-saving

Systems engineering for buildings

§ 13 statements on energy and heat, power consumption characteristics

(1) 1 for future constructions with normal indoor temperatures are the main results of the calculations required by this Regulation, in particular the specific values of the transmission heat loss, number of installations of the plant costs for heating, water heating and ventilation, the final energy demand by energy type and of the annual primary energy together in an energy performance certificate. 2In the statement shall refer to the standard conditions. 3Einzelheiten on the energy performance certificate will be determined in a general administrative regulation of the Federal Government with the consent of the Bundesrat. 4 Rights of third parties are not affected by the pass.

(2) 1 For buildings with normal internal temperatures that are substantially modified, is an energy performance certificate issued in accordance with paragraph 1, if carried out in relation to the significant changes, the calculations required in the appropriate application of paragraph 1. 2Einzelheiten especially concerning the easier to detect the properties of building components that are not affected by the change are regulated in the general administrative regulation pursuant to paragraph 1 sentence 3. 3Eine substantial change occurs when

1. within a year at least three in Annex 3 No 1 to 6 [4] [Until 07.12.2004: be carried out to 5] referred to changes in connection with the replacement of a boiler or a heating system conversion to another energy source or

2. the heated building volume is expanded by more than 50 per cent.

(3) 1 for future constructions of low indoor temperatures are the main results of the calculation under this Regulation, namely to compile the specific to the heat-transferring Umfassungsfläche related transmission heat loss in a heat demand certificate. 2Absatz 1 set of 2 to 4 shall apply accordingly.

(4) The energy performance certificate in accordance with paragraphs 1 and 2 or the heat demand certificate referred to in paragraph 3 is submitted to the competent authorities on request in accordance with Land and buyers, tenants and other authorized users of the buildings made available on request consultation.

(5) [5] 1 If an energy performance certificate can not be in accordance with paragraphs 1 or 2, may, in particular the owners of residential buildings, which are obliged to usage-based billing of heating costs under the regulation of the heating bill, purchasers, tenants, other beneficial and inform prospective customers to rent or purchase Energieverbrauchskennwert together with the main building and use characteristics referred to in paragraph 6 sentence 2nd 2Energieverbrauchskennwerte the purposes of this provision are the witterungsbereinigten energy consumption for space heating in kWh per square meter of the building and year. 3Für the weather adjustment of energy consumption is a recognized technical rules apply appropriate procedures. 4The adjustment for the weather data required notices are set out in paragraph 6.

Until 07.12.2004:

(5) 1 If an energy performance certificate can not be in accordance with paragraphs 1 or 2, may, in particular the owners of residential buildings, which are obliged to usage-based billing of heating costs under the regulation of the heating bill, purchasers, tenants, other authorized users, and rental and buyers to Energieverbrauchskennwert together with the essential building-use features and state pursuant to paragraph 6 sentence 2. 2Energieverbrauchskennwerte the purposes of this provision are the witterungsbereinigten energy consumption for space heating in kWh per square meter of the building and year. 3Für the scent of clean energy is that in VDI 3807: June to apply 1994 [6] specified procedures. 4The adjustment for the weather data required notices are set out in paragraph 6.

(6) [7] 1 as a benchmark for energy consumption characteristics in paragraph 5, the Federal Ministry of Transport, Building and Housing in consultation with the Federal Ministry of Economics and Labor in the Federal average energy values and their ranges, which the topographical differences in the various climate zones account , and known to carry the necessary adjustment for the weather data. 2Bei the notice of average energy consumption values is appropriate to distinguish the main building and use characteristics.

Until 27/11/2003:

(6) 1 as a benchmark for energy consumption characteristics in paragraph 5, the Federal Ministry of Transport, Building and Housing in consultation with the Federal Ministry of Economics and Technology in the Federal average energy values and their ranges, which the topographical differences in the different climatic zones into account, as well as the necessary adjustment for the weather data available. 2Bei the notice of average energy consumption values is appropriate to distinguish the main building and use characteristics.

(7) The statements referred to in paragraphs 1 to 3 and the energy consumption characteristics referred to in paragraph 5 are energy-related characteristics of a building within the meaning of Directive 93/76/EEC of 13 September 1993 to limit carbon dioxide emissions by improving energy efficiency (Official Journal L 237, p. 28).

Editorial Notes

[4] Amended by the first regulation amending the Energy Conservation Act. Applied from 08.12.2004.

[5] Paragraph 5 amended by First Order amending the Energy Conservation Act. Applied from 08.12.2004.

[6] Official Footnote: Published in the Beuth-Verlag GmbH, Berlin.

[7], paragraph 6 amended by Eighth jurisdiction adjustment regulation. Applied from 28.11.2003.

Regulation on energy-efficient insulation and energy-saving systems engineering for buildings

§ 18 offenses

An administrative offense within the meaning of § 8 para 1 No. 1 is the energy conservation law, who intentionally or negligently

1. contrary to § 11 para 1 sentence 1, also in conjunction with sentence 2, installs a boiler or installs,

2. contravention of § 12 para 1 sentence 1 or paragraph 2, sentence 1, a central heating or a technical system is not timely or not equipping,

3. contrary to § 12 paragraph 3 is not endeavoring to ensure that circulators equipped in the manner specified therein or to procure or

4. contrary to § 12 para 5, the heat distribution of heat and hot water pipes and fittings is not filed or limited.

Regulation to calculate the Living Area

Pers. Outline no.: 2330-32-1

Of 25 November 2003 (Federal Law Gazette Part I, 2003, p. 2346)

Regulation to calculate the Living Area

§ 1 Scope, calculating the living area

(1) If Wohnraumförderungsgesetz calculated according to the living area, apply the requirements of this Regulation.

(2) In calculating the living space must be determined in accordance with § 2 of the living area belonging base areas in accordance with § 3 and § 4 credit against the living space. Regulation to calculate the Living Area

§ 2 For the living area belonging base areas

(1) 1The living area of a dwelling includes the base area of the premises, solely to

this house belong. 2The dormitory living area includes one of the bases

Spaces which are intended for the sole and common use by the residents.

(2) The living area also includes a land bank of

1.Wintergärten, swimming pools and similar in all enclosed spaces and

2.Balkonen, balconies, roof gardens and terraces, where they belong exclusively to the apartment or dorm.

(3) The floor space does not include the bases of the following areas:

1.Zubehörräume, including:

a) cellars,

b) replace lockers and storage areas outside the apartment,

c) laundry rooms,

d) floor space,

e) drying,

f) heating facilities and

g) garages,

2.Räume who do not meet the requirements to be on their use of the building regulations of the countries, as well as

3.Geschäftsräume.

§ 3 Investigation of the base

(1) 1The base is determined by the sparse dimensions between the components being had to be to start from the front edge of the clothing of the components. 2Bei missing components is limiting set of final architectural ruin.

(2) In determining the area are in particular involve a land bank of

1. Door and window coverings, and door and window frames,

2. Foot, base bars and Schramm,

3. fixed objects, such as furnaces, heating and air conditioning units, stoves, bathtubs and shower trays,

4. exposed installations,

5. Built-in furniture

and

6. non-static, movable partitions.

(3) In determining the base areas left out of account the fundamental areas of

1. Chimneys, Vormauerungen, clothes, free-standing pillars and columns, if they have a height of more than 1.50 meters and its area is more than 0.1 square meters,

2.Treppen with three slopes and their landings

3.Türnischen and

4. Open windows and wall niches that are not hand down to the floor, or hand down to the floor and 0.13 meters or less deep.

(4) The base is by measuring the finished floor or on the basis of an architectural drawing to be determined. If the base area determined on the basis of an architectural drawing, it must

1. made for an approval, display, license exemption or other similar proceedings under the building code law of the country or, if not a building law procedure is necessary to be suitable for such and

2. the determination of the light measurements between the components within the meaning of paragraph 1 to enable.

3Ist the base area was determined after a construction drawing, and is different from that built construction drawing, the surface area by measuring the finished floor or on the basis of a revised construction drawing re-established.

Other important laws

  • Betriebsverfassungsgesetz
  • Federal Fee Ordinance
  • Civil Code
  • Gerichtskostengesetz
  • Gerichtsverfassungsgesetz
  • Grundbuchordnung
  • Bankruptcy Rules
  • Civil Procedure
  • Housing Act
  • Commercial Code
  • Housing Act
  • Wohngeldgesetz
  • Energy Conservation Law
  • Area Regulation
  • Wohnraumförderungsgesetz
  • New rent regulation
  • Apartment binding law