BEHG 2027: CO₂ price corridor stays at €55–€65/t—what §4 CO2KostAufG means for 2027 lease pass‑throughs and 2026/27 service‑charge budgets

What changed for 2027 under the BEHG

On 12 August 2026 the Federal Cabinet approved the Third Act Amending the Fuel Emissions Trading Act (BEHG). The draft extends Germany’s national CO₂ price corridor of €55–€65 per tonne to the 2027 reporting year. The change is implemented by amending §10(2) sentence 4 BEHG so that the corridor applies in both 2026 and 2027. The draft also includes consequential adjustments to the implementing ordinance (BEHV) and the Double Accounting Ordinance (BEDV). The Cabinet decision followed the one‑year deferral of the EU’s new emissions trading for buildings and transport (EU ETS 2) to 2028, ensuring a stable national price path in the interim.

Which CO₂ price applies in leases: §4 CO2KostAufG

Germany’s CO₂ Cost Sharing Act (CO2KostAufG) hard‑codes which certificate price to use when allocating national carbon costs in heating bills:

• Up to 2025: the BEHG fixed price for that year (§4(1) no. 1 CO2KostAufG). • 2026: the midpoint of the corridor—exactly €60.00/t—regardless of where the auctions clear within €55–€65 (§4(1) no. 2 CO2KostAufG). • From 2027: the average auction price under §10(1) BEHG over 1 July–30 November of the previous calendar year (§4(1) no. 3 CO2KostAufG). The Umweltbundesamt (UBA) must publish the applicable price at least 10 working days before the new year (§4(2) CO2KostAufG).

Note that §3 CO2KostAufG requires fuel and heat suppliers to show, on invoices, the CO₂ cost component and the emission factor used. For heat from networks partly supplied by EU‑ETS installations, the ETS‑1 auction average from the prior year must be used for that share (§3(4)(b) CO2KostAufG). New heat connections first commissioned after 1 January 2023 are excluded from this ETS‑heat rule (§2(4) CO2KostAufG).

Residential vs. non‑residential pass‑through in 2027

Residential leases use a 10‑step model based on the building’s specific emissions (kg CO₂/m²·a). The annex to CO2KostAufG sets the tenant/landlord split from 100/0 below 12 kg to 5/95 at ≥52 kg CO₂/m²·a. Landlords must compute the building’s annual emissions from supplier data using the standard emission factors and then apply the table in the annex (§5 and Annex CO2KostAufG).

Non‑residential leases remain subject to a 50/50 rule in 2026–2027 (§8 CO2KostAufG). Clauses making tenants bear more than 50% are void. An evaluation report delivered in April 2026 outlines a forthcoming step model for non‑residential buildings, but no law has entered into force as of 20 September 2026; plan on 50/50 until an amendment is enacted and published.

What to book in 2026/27 budgets

• 2026 heating period: use €60.00/t for the BEHG component in allocations and accruals. That value is fixed by law for settlement periods in 2026, independent of individual auction results.

• 2027 heating period: base budgets on the UBA‑published 2027 certificate price under §4(1) no. 3 CO2KostAufG. This is the average of BEHG auctions between 1 July and 30 November 2026 and will be published at least 10 working days before 1 January 2027. Before publication, a neutral planning anchor is €60/t with sensitivity checks at €55/t and €65/t because the corridor remains in place in 2027 under the BEHG amendment.

• District heat: request from your supplier the CO₂ cost component broken down per §3 CO2KostAufG. Where networks include EU‑ETS installations, a portion will follow the prior‑year ETS‑1 auction average (not the BEHG figure). Your residential pass‑through still follows the 10‑step table; non‑residential remains 50/50.

• VAT: supplier invoices must show the CO₂ cost component including VAT (§3(3) CO2KostAufG). Mirror that component in service‑charge budgets unless your specific VAT position allows recovery. Ask your Steuerberater to confirm treatment for your SPV.

• Auction timing in 2026: UBA/EEX run weekly auctions within €55–€65/t (foreseen July–October 2026). This underpins the 2027 price determination in §4(1) no. 3 CO2KostAufG.

• Documentation: keep all fuel/heat invoices showing emissions, emission factors and CO₂ cost component. You need these to evidence the building’s specific emissions and to apply the split correctly in 2027 settlements.

Key dates and risks

• 12 August 2026: Cabinet approved the BEHG amendment extending the €55–€65/t corridor to 2027. The bill proceeds through Bundestag/Bundesrat. Monitor final text before year‑end; changes are possible until promulgation in the Bundesgesetzblatt.

• 1 July–30 November 2026: auction window whose average will set the 2027 certificate price for CO2KostAufG purposes.

• By mid‑December 2026: UBA must publish the 2027 price at least 10 working days before 1 January 2027. Adjust service‑charge advances once published.

Risk note: Non‑residential sharing rules may be reformed after the April 2026 evaluation, but there is no operative statute as of 20 September 2026. Budget on the current law and have headroom for legislative change. For large portfolios or triple‑net leases, seek German legal and tax advice on drafting and VAT.