TKG 2026, cable‑TV pass‑through ban and OLG Karlsruhe: landlord steps

1) What ended on 1 July 2024 and what still passes through

The cable‑TV “Nebenkostenprivileg” ended on 1 July 2024. From this date, monthly fees for a building’s cable or broadband TV supply can no longer be charged via the operating‑cost statement (“Betriebskostenabrechnung”). Tenants either pay their chosen provider directly or, if the landlord offers a telecom service, pay the landlord under a separate service contract. The consumer‑protection rules of the Telecommunications Act (Telekommunikationsgesetz, TKG) then apply to the landlord just like to any provider, including pre‑contract information, a contract summary, and the right to terminate after the initial term with one month’s notice. The Federal Network Agency (BNetzA) sets this out explicitly and confirms a tenant termination right against landlord‑provided telecom services with one month’s notice, provided the tenancy has existed for at least 24 months. The general one‑month termination right after the minimum term is codified in § 56 TKG and applies to packages that include internet or telephony. [Sources]

2) Fibre in the building: the a7 72 TKG “Glasfaserbereitstellungsentgelt”

If a building owner or a telecom operator installs a fibre‑only in‑building network (passive NE4 and fibre cabling) and connects it to a very‑high‑capacity public network, the operator may charge the owner a regulated “Glasfaserbereitstellungsentgelt” (GBE) if agreed in the access deed. The caps are strict: maximum €60 per dwelling per year and a total cap of €540 per dwelling. The collection period is up to five years, extendable to up to nine years if five years are not sufficient to refinance the eligible in‑building costs. The GBE regime only applies where the in‑building fibre was erected no later than 31 December 2027. After the GBE period ends, the owner must keep the in‑building network operational and must grant other retail providers free, non‑discriminatory access at the house entry point (HÜP). During the GBE period the operator must already grant such access; afterwards the duty shifts to the owner. The BNetzA also stresses that tenants must be free to choose their provider; a GBE clause cannot restrict choice. [Sources]

For leases and house rules this has concrete effects in 2026/27: if you plan an owner‑financed in‑building fibre in 2026–2027, draft a GBE clause that (i) states the €5/month (€60/year) cap and €540 total cap, (ii) limits the term to five years with a possible extension to nine years on documented refinancing grounds, (iii) confirms open‑access at the HÜP, and (iv) records the erection date so eligibility before 31 December 2027 is provable. [Sources]

3) The 2026 TKG bill: status and in‑building focus

On 10–11 June 2026 the Federal Cabinet adopted the government draft (“Kabinettentwurf”) for the 2026 TKG amendment; the bill is now in Parliament. The ministry’s procedure page confirms the focus: align the TKG with the EU Gigabit Infrastructure Act (Regulation (EU) 2024/1309, fully applicable since 12 May 2026), accelerate permits, anchor a national “Gigabit‑Grundbuch” and adjust rules for in‑building networks (NE4). Commentators highlight new §§ 22a/22b TKG‑E on symmetric access obligations and access to in‑building cabling, and a strengthened role for BNetzA to define areas and terms; industry views differ on the scope. These elements may still change during the legislative process. [Sources]

Implications for landlords and managers in 2026/27: expect tighter, more standardised in‑building rules and documentation duties. Prepare to evidence compliance with minimum technical standards and to process third‑party access requests to the in‑building passive network more transparently. Keep board minutes and resolutions (for WEGs) aligned with the final act once enacted. [Sources]

4) OLG Karlsruhe 24 June 2026: tenant consent is not enough

In a landmark decision on 24 June 2026 (6 W 15/26), the Higher Regional Court (OLG) Karlsruhe stopped a telecom operator that had installed fibre risers and in‑apartment links in a multi‑family house without the owner’s permission, relying only on a tenant’s service contract. The court ordered removal and prohibited further works without the owner’s consent, noting fines up to €250,000 for breaches. The court held that the EU Gigabit Infrastructure Act (Art. 11(4)) does not override the owner’s consent requirement. The TKG’s duty to tolerate in‑building works (§ 145 TKG) applies only under narrow conditions, in particular where there is no equivalent existing infrastructure for the requested service; if adequate infrastructure exists, there is no owner duty to tolerate. For house rules, set a clear process: no drilling, riser installation or apartment entry by any operator without written owner/WEG approval; coordinate access windows; and record HÜP access and works. [Sources]

5) What to change in 2026/27 leases and house rules

- Remove any clause that passes cable‑TV or “broadband distribution” fees through operating costs. Adjust service‑charge advances from the first rent period after 1 July 2024. The German Tenants’ Association (DMB) expects advances to drop by the cable‑TV amount from July 2024; ensure your 2024/25 statements reflect this. [Sources]

- If you continue to offer TV/internet as a landlord service, split it out into a separate telecom contract compliant with the TKG’s consumer‑protection rules (information duties under §§ 52, 54–55 TKG; termination under § 56 TKG; remedies under §§ 57–58 TKG). Provide the pre‑contract information and the contract summary; build in the one‑month termination after the initial term. [Sources]

- Planning fibre inside 2026–2027? Add a GBE clause that names the €60/year and €540 total caps, the five‑year period with up to nine‑year extension on documented need, and confirms open‑access at the HÜP. Keep commissioning and as‑built records to prove the in‑building fibre was erected by 31 December 2027 (GBE eligibility cut‑off). [Sources]

- Update house rules for installer access: require written owner/WEG consent for any drilling, risers, or in‑flat works; specify access windows and supervision; require identification of the operator and subcontractors; and designate the HÜP location. Reference § 145 TKG (toleration duty) but make clear it applies only where no equivalent infrastructure exists, consistent with OLG Karlsruhe. [Sources]

- For WEGs: put legacy bulk cable contracts on the agenda; where appropriate, adopt resolutions to end bulk contracts and, if desired, to procure building‑fibre on a GBE basis with open‑access. Ensure the house‑money (“Hausgeld”) budget reflects the end of fee pass‑through from 1 July 2024. [Sources]

This article is a general guide. For building‑specific drafting and litigation risk, ask a German Fachanwalt for Miet‑ und Wohnungseigentumsrecht or telecom counsel experienced with TKG compliance.