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service charges

noun · Betriebskosten

Betriebskosten are the running costs of the property that the parties may agree the tenant shall bear, and the timing is what decides disputes: the landlord must deliver the annual statement within twelve months of the end of the accounting period, § 556 Abs. 3 BGB, and after that he is barred from claiming any shortfall unless the delay was not his fault.

Which translation, when

Betriebskostenthe concept: the costs continuously incurred by the owner through ownership and the intended use of the property, which the parties may agree the tenant shall bear, either as a lump sum or against advance payments to be settled annually, § 556 BGB; the catalogue of what may be passed on is fixed by regulation rather than by agreement, so a clause naming other costs does not make them chargeable.
Zwölf-Monats-Fallethe deadline both ways: the statement must reach the tenant by the end of the twelfth month after the accounting period ends, § 556 Abs. 3 Satz 2 BGB, and after that the landlord cannot claim a shortfall unless he is not responsible for the delay, Satz 3; symmetrically the tenant must raise objections within twelve months of receiving the statement, Satz 5, or lose them, Satz 6, so the same period disciplines both sides.
Wortwahlthe labels: German practice says Betriebskosten for the statutory category, Nebenkosten as the everyday word for the same thing, Nebenkostenabrechnung or Betriebskostenabrechnung for the annual statement and Vorauszahlung for the monthly instalment; English service charges carry an overtone of services provided, while the German category is about costs of the property, and rendering it as Dienstleistungsgebühren misses the concept entirely.

Why

Service charges correspond to the German Betriebskosten, the running costs that ownership and the intended use of the property continuously produce and that the parties may agree the tenant shall bear under § 556 BGB. Two structural points deserve a translation. First, what may be passed on is not open to free agreement: a regulation lists the chargeable categories, from property tax and water to lighting, cleaning, insurance and the caretaker, and costs of administration and of repair fall outside it, so a tenancy clause that adds them does not make them recoverable. Second, and this is where most disputes are decided, the timing is strict. Where advance payments are agreed, the landlord must account annually, observing the principle of economy, and the statement must reach the tenant by the end of the twelfth month following the end of the accounting period; if it does not, § 556 Abs. 3 Satz 3 BGB bars him from claiming any shortfall, unless he is not responsible for the delay, while a credit balance still has to be paid out. The same provision then binds the tenant: objections to the statement must be raised within twelve months of its receipt, and after that they are excluded unless the tenant is not responsible for the delay. So the twelve-month period runs twice, once against each side, which no English phrase conveys by itself. On the vocabulary, Betriebskosten is the statutory word and Nebenkosten the everyday synonym, the annual statement is the Betriebskostenabrechnung or Nebenkostenabrechnung, the monthly instalment a Vorauszahlung, and the machine’s Dienstleistungsgebühren describes fees for services rather than the costs of a building.

Typical mistakes

  • The landlord loses a shortfall claim if the statement arrives after twelve months, § 556 Abs. 3 BGB, so a translation that treats the deadline as procedural understates it.
  • The tenant equally loses objections raised later than twelve months after receipt, so the period cuts both ways.
  • Chargeable costs follow the statutory catalogue rather than the contract wording, so listing administration or repair costs does not make them recoverable.

What matters

Reviewing a German service-charge statement for a foreign tenant: the note should use Betriebskosten, check the twelve-month deadline in both directions, and test the listed items against the statutory catalogue rather than against the contract alone.

Authority

  1. § 556 BGB

What the machine misses

Automatic output gives Dienstleistungsgebühren or Servicegebühren for service charges, words about fees for services, and the German category is the Betriebskosten of § 556 BGB, the running costs of the property with a twelve-month accounting deadline that bars a later shortfall claim; the calque loses both the statutory catalogue and the deadline.

See what the machine does with this clause →

Examples

service chargesBetriebskosten
the annual service charge statementdie Betriebskostenabrechnung
monthly advance paymentsmonatliche Vorauszahlungen
objections to the statementEinwendungen gegen die Abrechnung
Checked 09 Aug 2026 finepost.co.uk/notes/service-charges