What will change for homeowners and landlords in 2022?
- Expiry of KfW 55 funding in February 2022
- Submission of tax returns from July for reassessment of property tax
- Reform of the Telecommunications Act eliminates the apportionment of TV connections
- Solar obligation for new buildings and roof renovations in various federal states
- Obligation for landlords to provide information when preparing rent indices
Many new legal regulations are looming for 2022 that will impact homeowners and landlords. The German Real Estate Association (IVD | The Real Estate Entrepreneurs) summarizes the most important changes for homeowners and landlords.
Funding for KfW Efficiency House Standard 55 expires
The current federal funding for new buildings that meet the KfW Efficiency House 55 standard will expire and be discontinued on February 1, 2022. Applications for the Efficiency House 55 standard in new buildings can still be submitted until January 31, 2022. From then on, stricter requirements will apply to funding for new buildings. Only more ambitious new buildings that meet at least the KfW Efficiency House 40 standard will then be eligible for funding. The freed-up federal funds will instead be used to renovate existing buildings.
Extension of Corona regulations in condominium law
The special regulations for condominium law adopted at the beginning of 2020 as a result of the coronavirus situation will be extended until the end of August 2022. Accordingly, the most recently appointed administrator will remain in office even without corresponding resolutions, and the budget will continue to apply.
2022 census
A census will be held again in Germany in 2022. In addition to population data, the 2022 census will also determine the building and housing stock, as well as the housing situation of households. For this purpose, owners and property managers will be asked to provide information on building characteristics, apartment characteristics, and the names and number of residents.
Property tax reform: Tax returns must be filed from 1 July 2022
Even though the new property tax won't come into effect until January 1, 2025, every property owner must file a corresponding tax return between July 1 and October 31, 2022. The returns must be submitted electronically to the tax office via ELSTER. Anyone not yet registered with ELSTER should apply soon, as registration takes some time. For condominiums, the individual owner is responsible, not the condominium association administrator.
Amendment to the Telecommunications Act eliminates the apportionment of TV connections
The amendment to the Telecommunications Act, among other things, abolishes the general apportionment of TV connection costs via utility bills. Under the new law, shared satellite systems can also no longer be passed on to tenants via operating costs. Newly constructed residential distribution networks are no longer eligible for apportionment if they were installed after December 1, 2021. A transitional period applies to existing properties. From July 1, 2024, TV costs for existing customers can no longer be passed on to tenants as before.
Solar obligation is progressing in many federal states
Various federal states have already introduced legal requirements for the installation of photovoltaic and solar thermal systems for new buildings as well as for more extensive roof renovations. Since January 1, 2022, such a requirement has applied in Baden-Württemberg to new, non-residential buildings, and from May 1, 2022, it will also apply to new residential buildings. Hamburg, Berlin, Schleswig-Holstein, and Rhineland-Palatinate have also decided to introduce mandatory solar energy systems in early 2023. Bremen and Lower Saxony also have similar plans. Federal legislation is expected to be introduced soon.
Mandatory participation for landlords in the survey following the reform of the rent index
The reform of rent index law, which comes into force on July 1, 2022, establishes uniform standards for the creation of qualified rent indices to ensure a legally compliant and well-founded representation of the local comparative rent. Data is collected regularly through a survey, and participation is mandatory for both tenants and landlords.
Heating Cost Ordinance: Remote readability of measuring devices
The new Heating Cost Ordinance has been in effect since December 1, 2021. In addition to the interoperability of consumption measurement devices with other providers' systems, connectivity to smart meter gateways, and notification and information obligations regarding energy consumption, remote-readable technology plays a key role in the new ordinance. Accordingly, the notification and information obligation only applies to building owners whose properties have remote-readable meters installed. By the end of 2026, existing meters that are not remotely readable must be retrofitted with the corresponding function or replaced with remote-readable devices. In addition to the technical requirements, billing is also changing. The heating cost bill must include new mandatory information, including a comparison with previous consumption and average consumption.
"Homeowners and landlords must prepare for many changes in 2022. The implementation of the property tax reform will be bumpy. The expiration of the KfW subsidy for the Efficiency House Standard 55 and the ongoing solar energy requirement will have a direct impact on builders' plans," commented Dr. Christian Osthus, Deputy Federal Managing Director of IVD l Die Immobilienunternehmer (The Real Estate Entrepreneurs). "However, detailed issues such as the 2022 census and the Heating Cost Ordinance could also entail additional costs for homeowners. It's important to prepare for this in good time," Osthus summarizes.
IVD press release of 4 January 2022