Real estate and housing industry
In the housing industry, we advise both private and public housing associations, condominium owners’ associations (WEG) and property developers on all energy-related issues. This includes the supply of heat, hot water and electricity to tenants by the landlord, including contracting, commercial heat supply and technical management of energy systems. Advice is provided to both the landlord and the provider of energy-related services.
Consultation often begins in an early project phase, in which all preparatory decision-making bases for a decision by the board of directors and supervisory board are first prepared and the contractual construction for implementation is presented. Based on the analysis of the previous heat supply, risks and opportunities of other solutions are presented and, in particular, the operating cost law is examined for the apportionability of corresponding cost items. In addition to the possibility of contracting out heat generation to a contractor or heat supplier, joint venture options or the establishment of a subsidiary energy company as well as the takeover of the technical management of the heating systems are examined. District heating is also taken into account, whereby different solutions for reducing costs are shown, taking into account the compulsory connection and use.
After a decision has been made by the board of directors or the management to implement a proposed measure, corresponding contracts are drawn up on this side, negotiations with the contractual partners and communication with tenant protection associations are accompanied. Particularly in this implementation phase, the operating cost law, the operating cost efficiency requirement and the apportionability to the tenant or proper apportionment of costs are included in the preparation of the contracts and the consultation. In the case of public housing associations, an examination of the necessary compliance and implementation of an award procedure is required both for the establishment of an energy company and for the decision of a joint venture partner. In this respect, any cooperation agreements are also drawn up and agreed between the future partners.
With the start of heat supply or technical management, the advisory service changes into specific advice on individual issues during implementation. For example, general contractor agreements for heating systems are drawn up, advice is given on taking over other energy-related services (metering and billing), initial approaches to electromobility are created and, more recently, tenant electricity concepts have also been implemented.
We would be happy to support you in the implementation of comparable concepts and help you to implement the sometimes divergent and regularly renewing legal situation in your company. We are also happy to assist you with a review of partial aspects or individual contracts in the areas of building law, tenancy law and energy law.