BERLIN (dpa-AFX) – The German Tenants’ Association sees improvements in tenant protection through the agreement of the traffic light factions on the heating law. Owners’ associations, on the other hand, fear that landlords will be left with most of the costs when replacing the heating system. The Greens warned against the installation of new gas heaters for cost reasons.
The leaders of the SPD, Greens and FDP parliamentary groups in the Bundestag had reached an agreement on important outstanding issues in the amendment to the Building Energy Act, the so-called Heating Act. The draft adopted by the cabinet in April is now being amended. A spokeswoman for the Ministry of Economics, which is in charge of this, said that the changes should be made available to the Bundestag “very promptly”. The heating law is to be passed in the coming week and thus before the summer break.
The leaders of the faction agreed that the modernization levy for replacing the heating system can be increased from eight to ten percent per year – but only if the landlord takes advantage of state subsidies and the subsidy amount is deducted from the recoverable costs, as is the case in an SPD paper is called. So far, 8 percent of the costs of modernization can be passed on to the tenants.
The coalition is also planning what the SPD calls “elementary tenant protection regulations”: the maximum rent increase per square meter and month should always be capped at 50 cents. This applies regardless of whether landlords pass the costs on to tenants via the previous or the new modernization levy. If the heating exchange is combined with other modernization measures, a total cap of 3 euros and in exceptional cases 2 euros per square meter will always apply, according to the SPD paper.
The tenants’ association considers a further levy to be superfluous and “prone to dispute”. However, the announced cap of 50 cents per square meter and month for heating replacement, taking into account the overall cap, would mean that the situation of the tenants would at least not deteriorate compared to the status quo, according to Association President Lukas Siebenkotten.
In addition, the tenants’ association expressly welcomes the fact that hardship case objections should always be possible in the future when replacing the heating system. According to the SPD paper, tenants whose rent increases to more than 30 percent of their household income as a result of the modernization should only be subject to a limited apportionment.
“This is a real milestone in terms of tenant protection, which we have always demanded,” said Siebenkotten. “So far, tenants have been powerless against rent increases that are based on measures that the landlord is legally obliged to take.” It is also positive that rent increases due to heating replacement should always be excluded for index rents. The draft law now has to be awaited: “But we have the impression that the SPD and Greens factions have fortunately been able to assert themselves on a number of important points when it comes to tenant protection.”
On the other hand, the president of the Haus & Grund owners’ association, Kai Warnecke, criticized: “The new heating law brings the energy transition to a standstill in rented buildings, because the landlords will be left with most of the costs.” With a modernization levy of a maximum of 50 cents, no small private landlord can convert a heating system to be climate-neutral. “That would not adequately reflect the increased living quality, which should also be reflected in lower heating costs for tenants.”
The President of the Central Association of the German Real Estate Industry, ZIA, Andreas Mattner, said: “The effort to avoid unbearable burdens for tenants must not lead to landlords being pushed to their limits with this very important investment.”
The traffic light coalition also agreed on a system for state support – as well as the following: Gas heaters installed between the beginning of 2024 and the time when a municipal heating plan is submitted can continue to be operated, even if a municipal heating plan does not provide for a hydrogen network. But then there are requirements: In these heating systems, 15 percent must be used from 2029, 30 percent from 2035 and 60 percent from 2040, of climate-neutral gases such as biomethane and hydrogen.
Anyone who wants to install a gas heating system after January 1, 2024 should also receive mandatory advice beforehand, as stated in an SPD paper, among other things. In this he is informed that he has to reckon with rising operating costs due to rising CO2 prices and cannot assume an unlimited service life for the gas heating system.
Green Group Vice President Andreas Audretsch said on Wednesday in the RTL/ntv program “Frühstart”: “Anyone who is now installing a gas heater is playing with fire.” In case of doubt, these households could face high costs. The addition of biomethane is not cheap either: “It is not advisable for anyone to install a gas heater now.” Either you wait for a heating network or you go directly to a renewable heating system, for example a heat pump.
FDP parliamentary group leader Lukas Köhler said: “We have agreed in the coalition that the owners can decide for themselves which heating system suits their house best.” The framework conditions vary depending on the community and house in such a way that the best decision about the heating technology to be used can be made directly on site. “Precisely because each individual case is different, no general statements can be made as to which heating system is the cheapest overall.”/hoe/DP/stw
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