umlagefähig

Umlagefähig describes costs that a landlord may pass on to tenants as operating costs in a rental property. It is a key concept in German tenancy law and distinguishes between costs that may be charged to tenants (as Nebenkosten) and those that must be borne by the landlord.

Legal basis for umlagefähigkeit rests mainly on the German Civil Code (BGB) § 556 and the Betriebskostenverordnung (BetrKV). These provisions define which operating costs are eligible for pass-through and how they may be allocated. The landlord typically settles these costs once a year in a Nebenkostenabrechnung, which must be transparent, itemized, and understandable for the tenant.

Typical umlagefähige Betriebskosten include expenses for heating and hot water, water supply and sewer, waste disposal, building insurance, property taxes, maintenance and cleaning of common areas, lighting of common areas, and general property management costs. The allocation to tenants can be based on actual consumption (where meters exist) or on a fixed allocation key such as living space or number of units. Costs outside the Betriebskosten framework—such as financing costs, major repairs, or improvements—are generally not umlagefähig.

Practical considerations include the tenant’s right to review the cost calculation, and potential disputes over accuracy or reasonableness. The Nebenkostenabrechnung must conform to statutory requirements, typically issued within a specified period after the billing year, with time limits for adjustments. Overall, umlagefähig denotes charges that can be economically allocated to tenants under the applicable legal framework.