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BGB 556. 1 The parties to the contract may agree that the lessee is to bear operating costs . Operating costs are the costs that are incurred from day to day by the owner or the holder of the heritable building right as a result of the ownership of or the heritable building right to the plot of land or as a result of the intended use of the building , the outbuildings , facilities , installations and the land . The drawing up of the statement of operating costs continues to be governed by the Operating Costs Order [ Betriebskostenverordnung ] of 25 November 2003 ( Federal Law Gazette I pp . 2346 , 2347 ) . The Federal Government is authorised to pass provisions on the drawing up of the statement of operating costs by statutory order without the approval of the Federal Council [ Bundesrat ] .
BGB 556a. 1 If the parties to the contract have not agreed otherwise and subject to other provisions , operating costs are to be apportioned in proportion to the floor space . Operating costs depending on recorded consumption or causation by the lessees are to be apportioned according to criteria that take into account the differing consumption or causation .