Landlord Disclosures in Saxony (2026 Guide)

Landlords in Saxony must comply with mandatory disclosure rules dictated by German federal law. While regional rent control ordinances previously imposed additional burdens in certain cities, the legal landscape shifted significantly in 2025. Failing to provide required documents and notifications to tenants can result in administrative fines or tenant claims for rent reduction.

1. Energy Performance Certificate (Energieausweis)

The German Building Energy Act (GEG) places strict energy disclosure requirements on all residential landlords.

Advertising Requirements

When listing an apartment for rent online or in print, the landlord must include specific energy data from a valid Energy Performance Certificate:

• The type of certificate (Energy Demand or Energy Consumption).
• The final energy consumption or demand value in kWh/(m²·a).
• The main energy source for heating (e.g., gas, district heating).
• The building's year of construction.
• The energy efficiency class (A+ to H) for buildings built or certificates issued after May 2014.

Viewing and Handover

The landlord must proactively present the Energy Performance Certificate to prospective tenants during the property viewing. Upon signing the lease, a copy of the certificate must be physically or digitally handed over to the tenant.

Penalty: Failure to provide the energy certificate or missing required information in advertisements can result in administrative fines of up to €10,000.

2. Status of the Rent Brake (Mietpreisbremse)

Previously, the Saxon State Government imposed the "Rent Brake" (Mietpreisbremse) in Dresden and Leipzig. Under this ordinance, new leases were generally restricted to 10% above the local comparable rent.

Update for 2026: The Saxon State Government allowed the Rent Brake ordinance to expire in 2025. Consequently, the rent control measures and the associated spontaneous disclosure requirements under BGB § 556g (regarding previous rent, modernization, or new construction) are currently not in effect in Dresden or Leipzig. Landlords are no longer legally mandated to provide these specific rent-control disclosures before a lease is signed. While general transparency is recommended, there is currently no active statutory rent cap in these cities.

3. Annual Operating Cost Statement (Betriebskostenabrechnung)

If the tenant pays advance monthly installments for utilities and operating costs, the landlord has a strict legal obligation to provide a detailed, itemized annual settlement.

• Deadline: The statement must reach the tenant within 12 months after the end of the specified billing period.
• Consequence: If the landlord misses this 12-month deadline, they forfeit any right to demand a supplementary payment from the tenant for that year (though they must still refund any overpayments to the tenant).
• Transparency: The statement must clearly detail the total costs, the distribution key used (e.g., square meters or consumption), the tenant's specific share, and the advance payments made. Tenants have the right to inspect the original invoices.

4. CO2 Cost Apportionment

Under the CO2 Cost Apportionment Act (CO2KostAufG) introduced in 2023, the costs for CO2 pricing on heating fuels are split between the landlord and tenant based on the building's energy efficiency.

Landlords must:

• Determine the building's specific CO2 emissions.
• Classify the building into the correct tier of the statutory 10-tier model.
• Transparently disclose the calculation and the landlord's share of the CO2 costs in the annual operating cost statement.

5. Modernization Notices

If a landlord plans to carry out modernization measures (e.g., energetic refurbishments) that will result in a subsequent rent increase, they must formally notify the tenant at least three months before the work begins (BGB § 555c).

The notification must include:

• The exact type and anticipated scope of the measures.
• The expected start date and duration of the work.
• The calculated estimated rent increase.
• The expected future operating costs.
• Information on the tenant's right to claim hardship.

6. Remote Reading of Heating Meters

By the end of 2026, all heating and hot water meters in multi-family homes must be readable remotely. If remote meters are installed, landlords must provide tenants with monthly billing and consumption information for heating and hot water.

Failure to install the meters or provide the consumption information gives the tenant the right to reduce the heating cost portion of their bill by 3%.

How Landager Helps

Landager tracks lease terms, operating cost deadlines, and maintenance requests - making it easy to stay compliant with Saxony regulations.

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