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Potsdam 2026 rent index for re‑letting under §§ 558d and 556d BGB
How to set a lawful re‑letting rent in Potsdam using the qualified 2026 rent index (in force 25 June 2026), apply age/energy and location factors, and what 2026 leases must disclose.
What is in force in Potsdam since 25 June 2026
Potsdam’s eleventh qualified rent index (qualifizierter Mietspiegel) took legal effect on 25 June 2026 with publication in the city’s Official Gazette (Amtsblatt Nr. 14/2026). It replaces the 2024 index. The city confirms the index is qualified under §558d BGB and is intended for determining the local comparative rent (ortsübliche Vergleichsmiete). The online download is the authoritative version used by landlords, tenants and courts.
The table you must use: size, age and energy class—no district prices
The 2026 table arrays net cold rents per square metre by two axes: apartment size (five bands by floor area) and “Baualter/Energieeffizienzklasse.” Potsdam replaced the former “partly/fully modernised” split with energy‑efficiency classes (A+ to E) for buildings up to 2008. For buildings from 2009 onward the data did not show a statistically relevant split by energy class, so those rows have single values. If no energy certificate is required (for example, some listed buildings), special rows labelled “kein Energieausweis” apply. The dataset covers contracts newly agreed or changed between 1 October 2019 and 30 September 2025, with the reference date 30 September 2025.
How to position within the band: the orientation method and location features
For each size/age/energy cell the index gives a band (lower–upper) and a midpoint. You must place the specific apartment within that band using the city’s “Orientierungshilfe zur Spanneneinordnung.” This annex is part of the index but is not the qualified portion. You total plus‑points for positive features and minus‑points for negative features in four groups: apartment, building, location, and special items. The number of points equals a percentage of the difference between the midpoint and the upper (for positive totals) or lower (for negative totals) bound; add or subtract that amount to the midpoint, without ever exceeding the band limits. Location is not a separate table driver in 2026; the city found no independent, statistically significant citywide location effect beyond what age already captures. But microlocation does affect placement within the band—e.g., good public transport and daily needs within about 1 km, historic fabric/waterfront/very quiet setting (plus), or persistent odour/noise, weak transit or inadequate nearby shopping (minus). The official brochure even shows a worked example: field B6 (55 m², built 1949–1970, class D) with +26 points over midpoint, leading to €6.73/m² from a €6.49/m² midpoint and €0.72/m² span difference.
Setting a lawful re‑letting rent in 2026: apply the rent brake
Step 1: Determine the local comparative rent (ortsübliche Vergleichsmiete) per the 2026 table and orientation method above. This is your base.
Step 2: Cap at +10% unless an exception applies
Potsdam is under Brandenburg’s 2025 Rent‑Brake Ordinance (Mietpreisbegrenzungsverordnung) from 1 January 2026 to 31 December 2029. New‑lease rent may not exceed the local comparative rent by more than 10%, unless a statutory exception in §§556e–556f BGB applies. The main exceptions are: (i) previous rent (Vormiete) if it was higher than the cap—up to the last rent the previous tenant actually owed; (ii) modernisation carried out in the three years before the new lease—add the amount that would be permissible under §559 BGB; and (iii) exemptions in §556f: first use and letting after 1 October 2014 (new build) and first letting after comprehensive modernisation.
Step 3: Mandatory disclosures for 2026 lease‑ups
If you rely on an exception, the landlord must give the tenant, before the tenant’s offer, a written (text‑form) disclosure of: the previous rent (§556e(1)), that modernisation was done in the last three years (§556e(2)), that the unit is first used/let after 1 October 2014 (§556f sentence 1), or that this is the first letting after comprehensive modernisation (§556f sentence 2). Without that disclosure, the landlord cannot rely on the exception; even after curing later, reliance is barred for two years. The Federal Court of Justice (BGH) on 1 July 2026 clarified: the “previous‑rent” exception turns on whether the exception actually applied in substance to the former tenancy; separate issues around earlier disclosure breaches do not erase the underlying exception, but the current landlord still must meet today’s disclosure duty and tenants retain claims if the rent‑brake cap was exceeded. Courts the same day also reaffirmed that first lettings after comprehensive modernisation or after restoring uninhabitable space to housing can be outside the rent brake, but facts and cost thresholds matter.
What your 2026 contract and advert should show beyond rent
Energy certificate duties apply at re‑letting. If an Energy Performance Certificate exists when you advertise, your advert in commercial media must show the mandatory fields (e.g., energy indicator and type, energy source, construction year). At the latest at the viewing, the landlord or agent must present the certificate and must hand over a copy when the lease is signed. Fines apply if you omit mandatory items in adverts. Keep on file the evidence you used to place the unit in the rent‑index band (energy class, age, floor‑area proof) and any documents supporting an exception (previous‑rent statements, modernisation invoices and §559 calculation). For existing tenancies, remember a separate 15% in‑three‑years cap on rent increases (Kappungsgrenze) applies in Potsdam.
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.
