Economics

Modernisation levy under § 559 BGB

Energy refurbishment is not only environmentally sound. As a landlord you can pass part of the cost on to the rent and claim the rest against tax – provided the measure, the notice and the evidence fit together.

Existing apartment building before energy refurbishment
Legal framework

What can be passed on and what can be written down

The levy and the tax deduction are two separate levers. They do not exclude one another, but they follow different rules – and in practice the second one is regularly overlooked.

§ 559 BGB – modernisation levy

  • Up to 8 % of the eligible modernisation cost may be added to the annual rent
  • Maximum monthly increase: €3.00/m², or €2.00/m² where the rent is below €7.00/m²
  • Applies only to energy-efficiency improvements or measures that raise residential quality
  • Requires written notice and compliance with the statutory lead times

Tax depreciation under the German Income Tax Act (EStG)

  • Maintenance expenditure: fully deductible in the year the work is carried out
  • Capital improvements: depreciable over several years, depending on scope and classification
  • Special depreciation for listed buildings or properties in designated redevelopment areas

Maximising the levy by bundling measures

Bundling measures deliberately – insulation, heat pump and hydraulic balancing, for example – strengthens the modernisation character of the work and with it the share that can be passed on. An independent energy assessment carries the argument towards tenants and, if it comes to it, in a dispute.

Stacked coins representing the payback of a refurbishment measure
Worked example

€60,000 of insulation, in figures

A thermal insulation upgrade to an apartment building costs €60,000. 8 % of that – €4,800 a year – may be added to the rent, distributed across the units and capped by the statutory ceiling.

The investment is also deductible against tax. Taken together, the two effects reduce the owner's net burden substantially and shorten the payback period well beyond what a pure cost calculation would suggest.

Which share of the cost attracts funding in the first place is set out under funding. How CO₂ costs are expected to develop is covered under CO₂ cost development.

Does it add up for your property?

We calculate the levy, the funding and the tax effect for your building together – with figures that hold up rather than rules of thumb.