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HeizkostenV compliance before 31 Dec 2026: which remote‑readable meters and SMGW interfaces count, and who pays for retrofit at closing
Key legal facts for buyers and investors: the Heizkostenverordnung requires remote‑readable heat, hot‑water and allocator meters by 31 Dec 2026; compliance is presumed if BSI protection profiles / TR‑03109 rules are followed or devices are connected to certified Smart‑Meter‑Gateways; tenants can reduce their share by 3 % if the owner fails to equip the building. Who pays at a sale is not set by the HeizkostenV and must be dealt with contractually—common protections are seller guarantees, escrows and price adjustments.
What the law actually requires (short)
The Federal Heating Cost Ordinance (Heizkostenverordnung, HeizkostenV) requires that heat cost allocators, heat meters and hot‑water meters be capable of remote reading. The rule applies to newly installed devices and to existing meters which—unless an exception applies—must be retrofitted or replaced so that they are remotely readable by 31 December 2026. The legislative text and government documents set the deadline explicitly as 31‑12‑2026. Sources: the official HeizkostenV text and the Bundestag explanatory material on the amendment and transition period.
Which devices and interfaces will courts and authorities treat as compliant
The HeizkostenV does not prescribe a single radio or wire technology. Instead it ties legal compliance to the technical state of the art: the regulation says that compliance is presumed where the relevant BSI protection profiles and technical guidelines are observed, or where sub‑metering equipment is connected to a Smart‑Meter‑Gateway (SMGW) in accordance with the Metering‑Point Operation Act (MsbG). In practice that means: remotely readable water meters, heat meters and radiator allocators that are BSI‑certified (or connected through certified communication adapters) and that present the required data over the SMGW LMN/HAN interface will be treated as meeting the legal requirement. The BSI TR‑03109 series (and the associated protection profiles) defines the SMGW interfaces, security and interoperability criteria relied on by regulators and courts; the Bundesnetzagentur also points to these technical rules in rollout and certification guidance.
What 'remote‑readable' and SMGW terms mean in practice
Key practical consequences: (1) ‘Remote‑readable’ covers a range of transmission methods (radio, M‑Bus, OMS or wired LMN) so long as the device can be read without apartment‑level manual visits; the regulation and BSI rules focus on secure communication and interoperability, not a single radio standard. (2) An SMGW provides three logical interfaces (local metrological network LMN, home area network HAN and wide area network WAN) and must meet the BSI protection profiles / TR‑03109 modules (cryptography and PKI, functional interoperability, administration). Certified SMGW components, certified communication adapters and certification documentation are the usual evidence that authorities and a court will accept.
Who legally pays for retrofit at a property sale — the narrow answer
The HeizkostenV creates duties towards tenants and gives tenants a concrete remedy: if a building owner has not installed required remote‑readable equipment, the tenant may reduce their billed share by 3 % (and another 3 % for missing periodic consumption information in certain cases). The HeizkostenV itself does not allocate responsibility for retrofit costs between seller and buyer when real estate is transferred. Allocation of the financial burden of making a building legally compliant at closing is therefore a matter of the purchase contract (notarial agreement) and the parties' negotiated warranties. German notarial practice and court guidance treat operating‑cost and handover issues as negotiable contract items; standard protections include seller guarantees, escrow of a sum for remedial works, retroactive seller indemnities and price reductions.
What buyers and investors should demand before signing
Documentary proof of compliance (device certificates or installer reports that reference the applicable BSI protection profiles / TR‑03109 parts) is the clearest evidence. If devices are not yet compliant, require one or more of: (a) a seller warranty that the building will be compliant by 31 12 2026 (or earlier), (b) an escrow or capped indemnity covering reasonable retrofit costs, (c) a purchase‑price reduction or seller undertaking to carry out the work before handover, and (d) assignment/transfer of any claims for public grants or contractor warranties. These contract tools are common and are repeatedly recommended in notarial and transactional guidance for German property purchases.
Nothing on this page is investment, tax or legal advice. Price bands are indicative asking prices and disagree between sources by design. Verify every figure with a qualified German notary, tax adviser (Steuerberater) or lawyer before committing capital.
