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2026 in Focus: Legal Changes for Property Management and HOAs

From the 65 percent rule for heating systems to the extended rent cap -- which regulatory changes property owners, landlords, and managers need to be aware of this year.

Maximilian Schaper
January 15, 2026
8 min read

Introduction


The year 2026 brings numerous regulatory changes for the real estate industry. As a property management company in the Rhine-Main region, it is our responsibility to inform you about the most important developments and their practical implications. In this article, we summarize the most relevant changes -- from energy requirements and tenancy law adjustments to new documentation obligations.


Energy Requirements: The 65 Percent Rule Takes Effect


Heating System Replacement in Major Cities


One of the most significant changes concerns the Building Energy Act (Gebaeudeenergiegesetz, GEG). From July 1, 2026, newly installed heating systems in cities with more than 100,000 residents must source at least 65 percent of their energy from renewable sources -- provided the municipal heat plan is in place. Major cities are required to finalize these heat plans by June 30, 2026.


For homeowners' associations (WEGs/HOAs), this means: Replacing a defective heating system now requires careful planning. Pure gas or oil heating systems without a renewable energy component will no longer be permitted in major cities from the second half of 2026. Alternatives such as heat pumps, district heating, or hybrid solutions are moving into focus. Our HOA management supports you throughout the implementation. For more practical advice on navigating these changes, visit our property management guides.


Smaller Municipalities: Transition Periods Until 2028


In municipalities with fewer than 100,000 residents, a longer transition period applies. Here, the 65 percent requirement only takes effect once the municipal heat plan is available, but no later than June 30, 2028. Property owners in these regions therefore have more time for planning but should closely monitor local heat planning developments.


Tenancy Law: Extended Rent Cap and Planned Tightening


Rent Cap Valid Until End of 2029


The German Bundestag has extended the rent cap (Mietpreisbremse) until December 31, 2029. In tight housing markets, rent for new tenancies may continue to be no more than ten percent above the local reference rent. Some federal states have adjusted their designated areas to reflect current market conditions. Our rental management is familiar with the current regulations.


Planned Restrictions on Index-Linked Rents


The Federal Ministry of Justice has announced plans to cap index-linked rents (Indexmieten). The background is the direct linkage to the consumer price index, which can lead to significant rent increases during periods of high inflation. The specific design of a statutory cap is currently being developed.


Text Form Instead of Written Form


Through the Bureaucracy Relief Act IV (Buerokratieentlastungsgesetz IV), the written form requirement for certain tenancy law declarations has been relaxed. Since 2025, objections to terminations can also be validly submitted via email. Property management companies should adapt their communication channels accordingly to ensure timely objections are not overlooked.


New Documentation and Replacement Obligations


Lead Pipe Ban from January 12, 2026


As of January 12, 2026, all lead pipes and lead-containing pipe sections in drinking water systems are prohibited. Landlords are required to replace old lead pipes and document the replacement. This obligation applies regardless of the building's age and particularly affects older buildings.


> Lead Pipe Ban 2026: All Details for Property Managers


Smart-Readable Meters by End of 2026


By December 31, 2026, heating and hot water meters in multi-family buildings must be remotely readable. This requirement stems from the Heating Cost Ordinance (Heizkostenverordnung) and serves to improve consumption transparency. Homeowners' associations should check whether their metering infrastructure already meets the requirements.


> Smart-Readable Meters: Mandatory by 31.12.2026 -- The Complete Guide


CO2 Costs: Rising Burden for Fossil Heating Systems


The national CO2 price in 2026 stands at 55 to 65 euros per ton. The statutory allocation between tenants and landlords continues to follow the tiered model of the CO2 Cost Sharing Act (CO2-Kostenaufteilungsgesetz). The worse the energy performance of a building, the higher the landlord's share. For owners of poorly renovated properties, this means noticeably higher annual additional costs.


Publicly Subsidized Housing: New Flat Rates


As of January 1, 2026, the maximum rent levels as well as the flat rates for administration and maintenance in publicly subsidized housing are increasing. Landlords may adjust their rents within the statutory framework but must notify tenants of the higher flat rates in writing in a timely manner.


Recommendations for Property Owners and HOAs


  • Inspect your heating system: Have the condition of your heating system assessed and learn about alternatives.

  • Follow municipal heat planning: Monitor developments in your municipality regarding heat planning.

  • Check drinking water pipes: Verify whether lead pipes are still present in your building.

  • Update metering infrastructure: Ensure all meters are remotely readable by year-end.

  • Review rental agreements: Check index-linked rental agreements and prepare for possible changes.

  • Conclusion


    The year 2026 brings significant changes for the real estate industry. Energy requirements, tenancy law adjustments, and new documentation obligations call for proactive action. As your property management company, we support you in implementing these requirements and are available for questions at any time.


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    *This article is for general informational purposes and does not constitute individual legal advice. For specific legal questions, we recommend consulting a specialist attorney.*

    Tenancy LawGEGHOAHeating Law2026
    Maximilian Schaper

    Maximilian Schaper

    Geschäftsführer at Verto GmbH

    Maximilian Schaper ist Geschäftsführer der Verto GmbH und verfügt über mehrjährige Erfahrung in der digitalen Transformation der Immobilienverwaltung. Er setzt sich für transparente, effiziente und rechtssichere Verwaltungsprozesse ein.

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