District heat 2026: no Anschlussrecht, Hamburg rules, SWM 1 Jul prices

What “no general Anschlussrecht” means in 2026

German federal law does not grant a general legal right to be connected to a district‑heating network. The Federal Government’s heat‑planning FAQ states clearly: connection is voluntary unless a municipality has enacted a local “Anschluss‑ und Benutzungszwang” (connection and use obligation). Even then, outside such zones, the network operator is not obliged to connect a given building. Municipal connection bylaws are independent of the new federal Heat Planning Act (Wärmeplanungsgesetz, WPG). If a bylaw covers a building, there can be both an obligation to connect and a legal claim to be connected; if not, no such claim exists. These points are laid out in the federal FAQ (B5 and B8).

Hamburg: how connection decisions are made

Hamburg publishes unusually clear guidance. The city says there is currently no general connection or use obligation for existing buildings. Connection applications exceed planning and civil‑works capacity “for years,” so the city prioritises projects that are technically and economically viable. Single‑family houses with less than roughly 25 kW heat load are “rarely” connected; multi‑family buildings have better chances. The city’s “Wärmeportal Hamburg” lets you check whether an address lies in an area with an existing or planned network and lists the local operator to approach. Hamburg also notes that a connection can take several years and may require building‑side upgrades, such as installing a central heating system in houses that currently have individual boilers. The legal and economic framework pages emphasise that operators must publish contractual conditions and price formulas and that heat prices must follow strict mathematical and legal rules under the federal AVBFernwärmeV and the billing regulation (FFVAV).

Munich (SWM): list prices effective 1 July 2026

Stadtwerke München (SWM) publish transparent list prices and the exact indexation formula. As of 1 July 2026, SWM shows a gross basic price (Grundpreis) of €57.10 per kW per year and a gross working price (Arbeitspreis) of 13.34 cents per kWh for M‑Fernwärme in Munich City, Martinsried, Unterföhring and Region Süd. SWM states that price adjustments generally occur on 1 January, 1 April, 1 July and 1 October according to its published formula. For context, the SWM price sheet for 1 January 2026 listed a gross working price of €125.77 per MWh (12.577 cents/kWh) and a gross basic price of €56.49 per kW; the July 2026 list therefore represents a higher working price and a slightly higher basic price. All calculations follow the AVBFernwärmeV requirement that price‑adjustment clauses must reflect both cost development and market conditions and disclose all calculation factors.

What to write into a purchase contract

District‑heating delivery contracts are long‑term supply agreements governed by the federal AVBFernwärmeV. Key points for a property purchase agreement in 2026:

- Contract transfer and duties. AVBFernwärmeV §32(3) provides that a new customer can step into the seller’s rights and obligations without the supplier’s consent; §32(4) obliges a selling owner to impose contract assumption on the buyer if the sale occurs during a fixed term. Your notary should attach the current supply contract, tariff sheet and price‑adjustment formula, and include an explicit assignment clause referencing §32 AVBFernwärmeV. - Connection status. If not yet connected, add conditions precedent: a binding written connection offer (Anschlusszusage) from the named operator by a fixed date, a maximum one‑off connection fee, and a latest commissioning date; include a right to withdraw or a price reduction if the operator declines or delays. - Capacity and metering. Specify the contract demand (kW), the design heat load basis and any planned change of capacity (Leistungsänderung). AVBFernwärmeV §3 gives customers an annual right to adjust contracted load; reflect who will exercise this post‑closing and how savings are shared. Attach the operator’s technical connection conditions (TAB) and metering concept. - Price transparency and change notices. Price‑adjustment clauses must satisfy AVBFernwärmeV §24. Recent Federal Court of Justice (BGH) judgments in 2022 require transparency and both cost‑ and market‑orientation; invalid clauses must be replaced prospectively. Require the seller to warrant that the supplier’s current clause complies with §24 AVBFernwärmeV and to pass on any ongoing refund claims arising from past invalid clauses. - Operating costs with tenants. Confirm that heat costs are recoverable as Betriebskosten under existing leases and that billing follows the FFVAV. Attach the latest annual bill and consumption data so buyers can model pass‑throughs and improvements. - Seller warranties. Warrant no arrears to the heat supplier, no notices of breach, and no hidden obligations (e.g., extraordinary maintenance of the building‑side substation).

What to write into a retrofit or connection contract

For a project that intends to switch to district heat, align the building contract with the realities above:

- Dependencies and long lead times. Hamburg warns that connections can take years and that capacity is scarce. State explicitly that the contractor’s deadlines are suspended until the utility confirms a connection slot, and that the owner may terminate if no slot is confirmed by a fixed long‑stop date. - Scope split. Put all utility‑side works (street main, service pipe, house entry) under a separate utility agreement; put the building‑side substation, pumps, controls and hydraulics in the contractor’s scope. Require the contractor to deliver hydraulic balancing and any centralisation works the city flags as necessary for connection. - Capacity and operating point. Require the designer to size the substation to the contracted load and document assumed full‑load hours. SWM provides guidance on checking and optimising connection load; incorporate that method and set a post‑commissioning review to lower the contracted kW if feasible under AVBFernwärmeV §3. - Price risks. If your operator uses indexed prices (typical under AVBFernwärmeV §24), require the contractor to quote fixed prices for building‑side works and exclude utility energy‑price risks from their lump sum. - Acceptance and evidence. Make handover conditional on: the utility’s commissioning protocol, meter numbers, and proof that the installed substation meets the operator’s technical connection conditions (TAB).

Risks and who to ask

- Availability risk. There is no general right to connect; Hamburg warns that many applications cannot be realised in the short term, and small detached houses are rarely prioritised. Budget time and alternatives accordingly. - Price‑formula risk. Courts have struck down non‑transparent clauses. Ask a German energy lawyer to review the supplier’s clause against AVBFernwärmeV §24 and the 2022 BGH line of cases before you underwrite a business plan. - Term risk. AVBFernwärmeV allows contract terms up to 10 years with automatic five‑year extensions if not terminated nine months before expiry. Build these dates into your exit and refinancing plans and into the purchase deed. - Documentation risk. Operators must publish their terms, indices and price components online. Insist on filing the exact price sheet and indices referenced by your supplier at signing.