Owners, landlords, developers - what will change in 2023 - Part 1

No beginning of the year is complete without changes to the law - this year, owners, landlords and builders must also prepare themselves for changes. You can read about the most important changes here.

Carbon Dioxide Cost Allocation Act (CO2KostAufG)

Since January 1, 2023, landlords and tenants have been sharing the costs of CO2 emissions in residential buildings. If the energy balance of a property is very poor, landlords bear 95% of the costs and tenants 5%. If the energy balance is very good, such as EH55 standard, tenants bear 100 percent of the costs. The distribution of costs is based on the CO2 emissions per square meter of living space per year.

Gas price brake

80 percent of the forecast annual consumption of gas and district heating will be capped between March 1, 2023 and April 30, 2024. The discount for September 2022 was used as the basis for determining the price cap. The price for gas during this period is 12 cents (gross) per kilowatt hour and 9.5 cents (gross) for district heating.

Anything consumed in excess of this is charged at the prices of the applicable supply contracts. In the case of residential buildings that are heated centrally, the discount is charged to the tenants for the individual apartments according to the previously used distribution keys.

Hydraulic balancing in accordance with the Medium-Term Energy Supply Security Measures Ordinance (EnSimiMav)

Hydraulic balancing must be carried out by September 30, 2023 for both non-residential buildings with gas central heating systems with a heating surface area of more than 1,000 square meters and residential buildings with ten or more residential units. For fewer residential units, owners have until September 15, 2024.

Taxation of photovoltaic systems

The taxation of small photovoltaic systems with a maximum output of 30 kW will be simplified. Income from the operation of photovoltaic systems on single-family homes or commercial properties will therefore be tax-free in future. This will apply from the 2022 assessment period.

Increase in the straight-line depreciation rate

As of January 1, 2023, the straight-line depreciation rate for the depreciation of residential buildings was increased from two to three percent. This applies to residential buildings completed after January 1, 2023.

Are you unsure what you need to pay attention to as an owner or landlord from now on? Get in touch with us! We will be happy to advise you.

Notes

For reasons of better readability, the generic masculine is used in this text. Female and other gender identities are explicitly included where this is necessary for the statement.

Legal notice: This article does not constitute tax or legal advice in individual cases. Please consult a lawyer and/or tax advisor to clarify the facts of your specific individual case.

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