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Housing regulations and operating costs shift in Austria, Germany, and Switzerland
Recent legal and economic developments in German-speaking regions highlight shifting regulations and rising costs in the housing sector. In Austria, operating costs for apartments have increased by an average of 5.5 percent between 2025 and 2026, according to Statistik Austria. Legal experts note that under the Mietrechtsgesetz (MRG), landlords are restricted in what costs they can pass to tenants, such as certain waste disposal or administrative fees.
In Germany, a ruling by the Oberlandesgericht Karlsruhe addressed compensation for co-owners of a residence following a separation. The court determined that a departing partner may claim usage compensation, but only to the extent that it is fair, taking into account factors such as who primarily pays the mortgage installments.
Furthermore, legal guidelines in Germany and Switzerland emphasize that all operating costs must be explicitly agreed upon in the rental contract to be valid. Costs such as cable TV fees or certain CO2 price shares may no longer be passed on to tenants, and items like elevator fees can be charged even if a building lacks an elevator, provided they are stipulated in the contract.
Entities
Deutscher Anwaltverein · German Bar Association · Higher Regional Court of Karlsruhe · ORF · Oberlandesgericht Karlsruhe · Statistik Austria