Within the framework of the residential industry, we advise both -private and public housing associations,as well as condominium owners’ associations (WEG) and property developers in all energy-related matters. This includes the supply of heat, hot water and electricity by the landlord, including contracting, commercial heat supply and technical management of energy systems. The advice is given to the landlord as well as to the provider of energy-related services.
Consulting often begins in an early project phase, in which all preparatory decision bases for a decision by the Executive Board and Supervisory Board are edited and the contractual construction for implementation is presented. Based on the analysis of the previous heat supply, risks and opportunities from other solutions are presented and, in particular, the operating cost law on the apportionabilitiý of corresponding costs items is examined. In addition to the possibility of awarding the heat generation to a contractor or heat supplier, joint venture options or the establishment of a subsidiary energy company as well as the assumption of technical management of the heating systems are being examined. District heating is also taken into account, wherby different solutions to reduce costs are shown, taking into account the connecting and use constraints.
Following a decision by the Executive Board or the management on the implementation of a proposed activities, appropriate contracts are drawn up on this side, negotiations with the contractual partners and communication with tenant protection associations are accompanied. Especially in this implementation phase, the operating cost law, the economic efficiency requirement under operating cost law and the apportionment of costs to the tenant or the proper apportionment of costs are included in the preparation of contracts and advice. In the case of a public housing company, an examination of the necessary compliance with and implementation of an award procedure 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 coordinated between the future partners.
With the commencement of the heat supply or the technical management, the consultation changes into a selective consultation of individual questions during the implementation. For example, general contractor contracts for heating systems are drawn up, the takeover of further energy-related services (metering and billing) are advised, the first approaches to electromobility are created and tenant electricity concepts have recently also been implemented.
We are happy to support you in implementing comparable concepts and help you to implement the partially divergent and regularly renewing legal situation in your company. We are also at your disposal for an examination of partial aspects or individual contracts in the areas of construction law, tenancy law and energy law.
The #Clearingstelle #EEG #KWKG has already published on December 13, 2018, a notice on #self-sufficiency for so-called general electricity. Self-sufficiency within the meaning of § 61 EEG 2017 also applies in the case of personal identity between the plant operator and the operator of consumption facilities for cooling or heating parts of buildings, community lighting and lifts. In this respect, the Clearingstelle EEG KWKG creates legal clarity for the use of #solar plants and #BHWK in the real estate industry. At the same time, the necessary differentiation from other electrical quantities, e. g. #tenant electricity is pointed out. (Clearingstelle EEG KWKG, Note from 13. 12. 2018 - Ref. : 2018/10)
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The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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