Questions and Answers

Basic utility providers may increase their rates if certain costs increase for which the provider has no influence. This includes sharp increases of electricity and gas prices on the energy markets. Basic utility providers must notify their customers by post six weeks beforehand, otherwise they are not permitted to increase their prices.

You should therefore carefully read any post from your electricity or gas provider, even if the letter seems trivial at first glance. It may be that the letter contains information regarding a price increase. Unfortunately, providers often disguise news of price increases as advertising, which is not permitted.

If you have agreed to a special tariff with your provider, you are legally considered a “special-rate customer”. In this case, your provider may only change the rate if a right to adjust prices is specified in the general terms and conditions (T&Cs).

If you obtain electricity and gas from a basic utility provider, your provider must announce the price change in advance, either in official journals, daily papers or online. The basic utility provider is furthermore obliged to notify you of any price increases six weeks before the intended change.

If you have agreed to a special tariff (“separate contract”) with a provider, your provider must notify you one month before the price change.

The letter informing you of the price change must be clearly formulated. This means that the change must be explained to you in clear, simple terms. Your energy provider must truthfully inform you of the reason, scope and conditions for the price change. The provider must also indicate if any special right of termination exists.

If this involves a basic utility provider, you should refute the price increase in writing and send a copy of the letter to the Berlin consumer advice centre. This specifically concerns providers who have not transparently informed their customers of a price increase.

If you have agreed to a special tariff with a provider, you should still refute the price increase and only conditionally pay the higher rate.

In both cases, be sure to seek energy law advice. You will find advice centres in all of Berlin’s districts.

• Berlin consumer advice centre
• Advice centres for energy law advice

If your energy provider is increasing their rates, you can cancel your contract and switch to a cheaper provider.

If you are on a basic utility tariff, your notice period is always two weeks. If you have taken out a separate contract, then a special right of termination is typically granted in the event of price increases. You can terminate your contract up to the date the price increase enters into effect. For example, if the rates are due to increase on 1 January, you must terminate your contract by 31 December.

However, please note that due to the current energy crisis, a new provider may subsequently increase their rates. It may be worth taking out a separate contract with long-term price fixing. Energy law advice can give you comprehensive information on this matter.

• Advice centres for energy law advice

Any increase in instalments should be reasonable. However, it is often the case that providers demand excessively high instalment payments. In some cases, actual consumption readings are not taken and are roughly estimated instead. Such estimations are typically not permitted.

Furthermore, instalments must reflect the previous year’s consumption or be based on a comparable customer. An energy price calculator can help you determine the amount you should be paying. If you have to pay significantly more than the calculated amount, you should demand an adjustment from your energy provider. Despite this, it may be useful to put money aside for any potential additional charges.

• Energy price calculator

In most cases, you should not increase your instalment payments yourself. If you are paying for more than you consume, you will build up credit with your provider for which you bear the risk of insolvency until you receive your next annual bill. Unfortunately, there is always an increased risk that an energy provider will go bankrupt in times of heavily fluctuating prices.

You should only consider increasing your payments if your instalments are currently being underestimated. If your instalment payments are continuously under balance, you will build up debt with a provider. This may result in financial difficulties if you are suddenly required to pay this money back. Please contact an energy advice centre if you are unsure about anything.

• Advice centres for energy law advice

You can find out if your instalment payments are realistic or have been calculated too high using online tools such as the energy calculator provided by the Berlin consumer advice centre. You will also find energy advice centres in all of Berlin’s districts, with experts who can help you determine the correct instalment amount.

• Energy price calculator by the Berlin consumer advice centre
• Advice centres for energy law advice

Your provider may turn off your gas or electricity if your outstanding payments are double the monthly instalment amount or the monthly advance payment amount. If you have not set up an instalment plan or advance payment, the outstanding amount must have reached a sixth of the annual bill amount. In all cases however, this must amount to at least 100 euros.

The provider is obliged to notify you of any potential cut-offs four weeks beforehand and once again eight days beforehand. They must also have given you the option to pay by instalments.

Cutting off your electricity may not be permitted if the outstanding amount is low or if this would present a particular hardship for the affected household. Get in touch with one of Berlin’s many energy debt advisors.

• Advice centres for energy debt counselling

Preventing an energy cut-off is easier than re-establishing a connection after it’s been shut off. Make sure you receive advice in in a timely fashion if you are unable to pay your energy bills. Energy debt counselling can be found in all Berlin districts. The experts there can help you find a solution.

• Advice centres for energy debt counselling

The Job Centre or social welfare office will cover your gas bill provided your gas consumption is within reason. However, you must cover any electricity costs yourself. If your electricity provider demands additional charges, you can submit an application to have these costs covered. If the Job Centre or social welfare office accepts this application, this is usually in the form of a loan. You will have to repay the money later on. Be sure to contact an energy debt counsellor if you are unable to pay your electricity bill.

• Advice centres for energy debt counselling

If you are unable to pay your overdue payment, you can contact the Job Centre provided you are able to work. If you are unable to work, you will need to contact the social welfare office. People with a low income are also able to seek benefits from the Job Centre or social welfare office. The main thing is that you submit your application in the same month that the additional payment is due.

If you have a higher income but are still unable to pay your bill, you should try to arrange payment by instalments with your provider. If you are unable to resolve the issue with your provider: you can find last-minute help from a Berlin energy debt counsellor to avoid energy cut-offs.

• Advice centres for energy debt counselling

For additional security: The Senate of Berlin is setting up a hardship fund to support households facing energy cut-offs due to the unexpected energy price hikes. The fund will be set up in early 2023.

• Information about the fund

The termination moratorium set up by the Senate of Berlin protects tenants from losing their homes or business premises if they are unable to pay the increasing heating and energy costs. This regulation applies until the end of 2023 and is applicable both to private and commercial tenants across all urban housing associations.

• Information about the termination moratorium

If you are experiencing issues with your provider, you can file a complaint with the Berlin consumer advice centre and notify the Federal Network Agency and energy arbitration board of the incident.

• Federal Network Agency
• Energy arbitration board
• Berlin consumer advice centre