{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1404.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1404.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1404.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1404.html"}],"law_id":74794,"edition_id":1,"section_id":74794,"structure_id":14156,"section_number":"55.1-1404","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","history":"1992, c. 766, \u00a7 55-226.2; 2003, c. 355; 2005, c. 278; 2010, c. 550; 2012, c. 338; 2014, c. 501; 2015, c. 596; 2017, c. 730; 2019, c. 712.","full_text":"A\n\nAs used in this section:\n\t\t\t“Building” means all of the individual units served through the same utility-owned meter within a building that is used as a nonresidential tenancy, including a building used as an office building or shopping center as those terms are defined in § 56-245.2.\n\t\t\t“Campground” means the same as that term is defined in § 35.1-1.\n\t\t\t“Campsite” means the same as that term is defined in § 35.1-1.\n\t\t\t“Energy allocation equipment” means the same as that term is defined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or fees assessed against a building or campground, including stormwater, recycling, trash collection, elevator testing, or fire or life safety testing.\n\t\t\t“Ratio utility billing system” means a program that utilizes a mathematical formula for allocating, among the tenants in a building or campground, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building or campground owner from a third-party provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building or campground owner and the tenant in the rental agreement or lease.\n\t\t\t“Water and sewer submetering equipment” means equipment used to measure actual water or sewer usage in any nonresidential rental unit, as defined in § 56-245.2, when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the building in which the nonresidential rental unit is located or campground where the campsite is located.B\n\nEnergy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system may be used in a building or campground if clearly stated in the rental agreement or lease for the leased premises. All energy submetering equipment and energy allocation equipment shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3.C\n\nIf energy submetering equipment, water and sewer submetering equipment, or energy allocation equipment is used in any building or campground, the owner, manager, or operator of the building or campground shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the building or campground, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of the building or campground may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the building or campground owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the building or campground owner and the tenant in the rental agreement or lease. The building or campground owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.D\n\nIf a ratio utility billing system is used in any building or campground, in lieu of increasing the rent, the owner, manager, or operator of the building or campground may employ such a program that utilizes a mathematical formula for allocating, among the tenants in a building or campground, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building or campground owner from a third-party provider of the utility service. The owner, manager, or operator of the building or campground may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the building or campground owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the building or campground owner and the tenant in the rental agreement or lease. The building or campground owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.E\n\nEnergy allocation equipment shall be tested periodically by the owner, manager, or operator of the building or campground. Upon the request by a tenant, the owner shall test the energy allocation equipment without charge. The test conducted without charge to the tenant shall not be conducted more frequently than once in a 24-month period for the same tenant. The tenant or his designated representative may be present during the testing of the energy allocation equipment. A written report of the results of the test shall be made to the tenant within 10 working days after the completion of the test.F\n\nThe owner of any building or campground shall maintain adequate records regarding energy submetering equipment, water and sewer submetering equipment, energy allocation equipment, or a ratio utility billing system. A tenant may inspect and copy the records for the leased premises during reasonable business hours at a convenient location within the building or campground. The owner of the building or campground may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.G\n\nNotwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or § 56-245.3, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. The use of energy submetering equipment, water and sewer submetering equipment, energy allocation equipment, or a ratio utility billing system is not within the jurisdiction of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.H\n\nIn lieu of increasing the rent, the owner, manager, or operator of a building or campground may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the building or campground owner among the tenants in such building or campground if clearly stated in the rental agreement or lease for the leased premises. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building or campground owner and the tenant in the rental agreement or lease. Such owner, manager, or operator of a building or campground may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program.I\n\nNothing in this section shall be construed to prohibit an owner, manager, or operator of a building or campground from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent as specified in the rental agreement or lease.","order_by":null,"text":{"0":{"id":268771,"text":"As used in this section:\n\t\t\t“Building” means all of the individual units served through the same utility-owned meter within a building that is used as a nonresidential tenancy, including a building used as an office building or shopping center as those terms are defined in § 56-245.2.\n\t\t\t“Campground” means the same as that term is defined in § 35.1-1.\n\t\t\t“Campsite” means the same as that term is defined in § 35.1-1.\n\t\t\t“Energy allocation equipment” means the same as that term is defined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or fees assessed against a building or campground, including stormwater, recycling, trash collection, elevator testing, or fire or life safety testing.\n\t\t\t“Ratio utility billing system” means a program that utilizes a mathematical formula for allocating, among the tenants in a building or campground, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building or campground owner from a third-party provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building or campground owner and the tenant in the rental agreement or lease.\n\t\t\t“Water and sewer submetering equipment” means equipment used to measure actual water or sewer usage in any nonresidential rental unit, as defined in § 56-245.2, when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the building in which the nonresidential rental unit is located or campground where the campsite is located.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268772,"text":"Energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or a ratio utility billing system may be used in a building or campground if clearly stated in the rental agreement or lease for the leased premises. All energy submetering equipment and energy allocation equipment shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":268773,"text":"If energy submetering equipment, water and sewer submetering equipment, or energy allocation equipment is used in any building or campground, the owner, manager, or operator of the building or campground shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the building or campground, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of the building or campground may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the building or campground owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the building or campground owner and the tenant in the rental agreement or lease. The building or campground owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":268774,"text":"If a ratio utility billing system is used in any building or campground, in lieu of increasing the rent, the owner, manager, or operator of the building or campground may employ such a program that utilizes a mathematical formula for allocating, among the tenants in a building or campground, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building or campground owner from a third-party provider of the utility service. The owner, manager, or operator of the building or campground may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the building or campground owner, manager, or operator by a third-party provider of such services, provided that such charges are agreed to by the building or campground owner and the tenant in the rental agreement or lease. The building or campground owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":268775,"text":"Energy allocation equipment shall be tested periodically by the owner, manager, or operator of the building or campground. Upon the request by a tenant, the owner shall test the energy allocation equipment without charge. The test conducted without charge to the tenant shall not be conducted more frequently than once in a 24-month period for the same tenant. The tenant or his designated representative may be present during the testing of the energy allocation equipment. A written report of the results of the test shall be made to the tenant within 10 working days after the completion of the test.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":268776,"text":"The owner of any building or campground shall maintain adequate records regarding energy submetering equipment, water and sewer submetering equipment, energy allocation equipment, or a ratio utility billing system. A tenant may inspect and copy the records for the leased premises during reasonable business hours at a convenient location within the building or campground. The owner of the building or campground may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials and labor for copying, prior to providing copies of the records to the tenant.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":268777,"text":"Notwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or § 56-245.3, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. The use of energy submetering equipment, water and sewer submetering equipment, energy allocation equipment, or a ratio utility billing system is not within the jurisdiction of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":268778,"text":"In lieu of increasing the rent, the owner, manager, or operator of a building or campground may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees billed to the building or campground owner among the tenants in such building or campground if clearly stated in the rental agreement or lease for the leased premises. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building or campground owner and the tenant in the rental agreement or lease. Such owner, manager, or operator of a building or campground may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":268779,"text":"Nothing in this section shall be construed to prohibit an owner, manager, or operator of a building or campground from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent as specified in the rental agreement or lease.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14156,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14155,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":246273,"object_type":"structure","relational_id":14156,"identifier":"1","token":"55.1\/III\/14\/1","url":"\/55.1\/III\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14155,"edition_id":1,"name":"Nonresidential Tenancies","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":246271,"object_type":"structure","relational_id":14155,"identifier":"14","token":"55.1\/III\/14","url":"\/55.1\/III\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75454,"structure_id":14156,"section_number":"55.1-1400","catch_line":"Applicability; right to terminate tenant","url":"\/55.1-1400\/","token":"55.1\/III\/14\/1\/55.1-1400","metadata":false},{"id":76083,"structure_id":14156,"section_number":"55.1-1401","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1401\/","token":"55.1\/III\/14\/1\/55.1-1401","metadata":false},{"id":66512,"structure_id":14156,"section_number":"55.1-1402","catch_line":"Apportionment on purchase of part of land by holder of rent","url":"\/55.1-1402\/","token":"55.1\/III\/14\/1\/55.1-1402","metadata":false},{"id":55315,"structure_id":14156,"section_number":"55.1-1403","catch_line":"Perfection of lien or interest in leases, rents, and profits","url":"\/55.1-1403\/","token":"55.1\/III\/14\/1\/55.1-1403","metadata":false},{"id":74794,"structure_id":14156,"section_number":"55.1-1404","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","url":"\/55.1-1404\/","token":"55.1\/III\/14\/1\/55.1-1404","metadata":false},{"id":76834,"structure_id":14156,"section_number":"55.1-1405","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1405\/","token":"55.1\/III\/14\/1\/55.1-1405","metadata":false}],"previous_section":{"id":55315,"structure_id":14156,"section_number":"55.1-1403","catch_line":"Perfection of lien or interest in leases, rents, and profits","url":"\/55.1-1403\/","token":"55.1\/III\/14\/1\/55.1-1403","metadata":false},"next_section":{"id":76834,"structure_id":14156,"section_number":"55.1-1405","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1405\/","token":"55.1\/III\/14\/1\/55.1-1405","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1404\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 766 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 355<\/a>; in 2005, chapter 278<\/a>; in 2010, chapter 550<\/a>; in 2012, chapter 338<\/a>; in 2014, chapter 501<\/a>; in 2015, chapter 596<\/a>; in 2017, chapter 730<\/a>; in 2019, chapter 712<\/a>.<\/p>","references":[{"id":66838,"section_number":"56-1.2","catch_line":"Persons, localities, and school boards not designated as public utility, public service corporation, etc","order_by":null,"url":"\/56-1.2\/"},{"id":74553,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","order_by":null,"url":"\/56-245.3\/"}],"refers_to":[{"id":65679,"section_number":"3.2-5600","catch_line":"Definitions generally","order_by":null,"url":"\/3.2-5600\/"},{"id":61152,"section_number":"35.1-1","catch_line":"Definitions","order_by":null,"url":"\/35.1-1\/"},{"id":79615,"section_number":"56-245.2","catch_line":"Definitions","order_by":null,"url":"\/56-245.2\/"},{"id":74553,"section_number":"56-245.3","catch_line":"Commission to promulgate regulations and standards","order_by":null,"url":"\/56-245.3\/"}],"permalink":{"id":246291,"object_type":"law","relational_id":74794,"identifier":"55.1-1404","token":"55.1\/III\/14\/1\/55.1-1404","url":"\/55.1-1404\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1404\/","token":"55.1\/III\/14\/1\/55.1-1404","dublin_core":{"Title":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems; local government fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1404","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Building<\/span>” means all of the individual units served through the same utility-owned meter within a building<\/span> that is used as a nonresidential tenancy, including a building<\/span> used as an office building<\/span> or shopping center as those terms are defined in § 56-245.2<\/a>.\n\t\t\t“Campground<\/span>” means the same as that term is defined in § 35.1-1<\/a>.\n\t\t\t“Campsite<\/span>” means the same as that term is defined in § 35.1-1<\/a>.\n\t\t\t“Energy allocation equipment<\/span>” means the same as that term is defined in § 56-245.2<\/a>.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to “submetering equipment” in § 56-245.2<\/a>.\n\t\t\t“Local government fees<\/span>” means any local government charges or fees assessed against a building<\/span> or campground<\/span>, including stormwater, recycling, trash collection, elevator testing, or fire or life safety testing.\n\t\t\t“Ratio utility billing system<\/span>” means a program that utilizes a mathematical formula for allocating, among the tenants in a building<\/span> or campground<\/span>, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building<\/span> or campground<\/span> owner from a third-party<\/span> provider of the utility service. Permitted allocation methods may include formulas based on square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building<\/span> or campground<\/span> owner and the tenant in the rental agreement or lease.\n\t\t\t“Water and sewer submetering equipment<\/span>” means equipment used to measure actual water or sewer usage in any nonresidential rental unit, as defined in § 56-245.2<\/a>, when such equipment is not owned or controlled by the utility or other provider of water or sewer service that provides service to the building<\/span> in which the nonresidential rental unit is located or campground<\/span> where the campsite<\/span> is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Energy submetering equipment, energy allocation equipment<\/span>, water and sewer submetering equipment<\/span>, or a ratio utility billing system<\/span> may be used in a building<\/span> or campground<\/span> if clearly stated in the rental agreement or lease for the leased premises. All energy submetering equipment and energy allocation equipment<\/span> shall meet the requirements and standards established and enforced by the State Corporation Commission pursuant to § 56-245.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If energy submetering equipment, water and sewer submetering equipment<\/span>, or energy allocation equipment<\/span> is used in any building<\/span> or campground<\/span>, the owner, manager, or operator of the building<\/span> or campground<\/span> shall bill the tenant for electricity, oil, natural gas, or water and sewer for the same billing period as the utility serving the building<\/span> or campground<\/span>, unless the rental agreement or lease expressly provides otherwise. The owner, manager, or operator of the building<\/span> or campground<\/span> may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billing charged to the building<\/span> or campground<\/span> owner, manager, or operator by a third-party<\/span> provider of such services, provided that such charges are agreed to by the building<\/span> or campground<\/span> owner and the tenant in the rental agreement or lease. The building<\/span> or campground<\/span> owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a ratio utility billing system<\/span> is used in any building<\/span> or campground<\/span>, in lieu of increasing the rent, the owner, manager, or operator of the building<\/span> or campground<\/span> may employ such a program that utilizes a mathematical formula for allocating, among the tenants in a building<\/span> or campground<\/span>, the actual or anticipated water, sewer, electrical, oil, or natural gas billings billed to the building<\/span> or campground<\/span> owner from a third-party<\/span> provider of the utility service. The owner, manager, or operator of the building<\/span> or campground<\/span> may charge and collect from the tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses and billings charged to the building<\/span> or campground<\/span> owner, manager, or operator by a third-party<\/span> provider of such services, provided that such charges are agreed to by the building<\/span> or campground<\/span> owner and the tenant in the rental agreement or lease. The building<\/span> or campground<\/span> owner may require the tenant to pay a late charge of up to $5 if the tenant fails to make payment when due, which shall not be less than 15 days following the date of mailing or delivery of the bill sent pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Energy allocation equipment<\/span> shall be tested periodically by the owner, manager, or operator of the building<\/span> or campground<\/span>. Upon the request by a tenant, the owner shall test the energy allocation equipment<\/span> without charge. The test conducted without charge to the tenant shall not be conducted more frequently than once in a 24-month period for the same tenant. The tenant or his designated representative may be present during the testing of the energy allocation equipment<\/span>. A written report of the results of the test shall be made to the tenant within 10 working days after the completion of the test. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The owner of any building<\/span> or campground<\/span> shall maintain adequate records regarding energy submetering equipment, water and sewer submetering equipment<\/span>, energy allocation equipment<\/span>, or a ratio utility billing system<\/span>. A tenant may inspect and copy the records for the leased premises during reasonable business hours at a convenient location within the building<\/span> or campground<\/span>. The owner of the building<\/span> or campground<\/span> may impose and collect a reasonable charge for copying documents, reflecting the actual costs of materials<\/span> and labor for copying, prior to providing copies of the records to the tenant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Notwithstanding any enforcement action undertaken by the State Corporation Commission pursuant to its authority under § 56-245.3<\/a>, tenants and owners shall retain any private right of action resulting from any breach of the rental agreement or lease terms required by this section or § 56-245.3<\/a>, if applicable, to the same extent as such actions may be maintained for breach of other terms of the rental agreement or lease under this chapter, if applicable. The use of energy submetering equipment, water and sewer submetering equipment<\/span>, energy allocation equipment<\/span>, or a ratio utility billing system<\/span> is not within the jurisdiction<\/span> of the Department of Agriculture and Consumer Services under Chapter 56 (§ 3.2-5600<\/a> et seq.) of Title 3.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> In lieu of increasing the rent, the owner, manager, or operator of a building<\/span> or campground<\/span> may employ a program that utilizes a mathematical formula for allocating the actual or anticipated local government fees<\/span> billed to the building<\/span> or campground<\/span> owner among the tenants in such building<\/span> or campground<\/span> if clearly stated in the rental agreement or lease for the leased premises. Permitted allocation methods may include formulas based upon square footage, occupancy, number of bedrooms, or some other specific method agreed to by the building<\/span> or campground<\/span> owner and the tenant in the rental agreement or lease. Such owner, manager, or operator of a building<\/span> or campground<\/span> may also charge and collect from each tenant additional service charges, including monthly billing fees, account set-up fees, or account move-out fees, to cover the actual costs of administrative expenses for administration of such a program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be construed to prohibit an owner, manager, or operator of a building<\/span> or campground<\/span> from including water, sewer, electrical, natural gas, oil, or other utilities in the amount of rent as specified in the rental agreement or lease. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENERGY SUBMETERING, ENERGY ALLOCATION EQUIPMENT, SEWER AND WATER SUBMETERING\nEQUIPMENT, RATIO UTILITY BILLINGS SYSTEMS; LOCAL GOVERNMENT FEES (\u00a7 55.1-1404)\n\nA. As used in this section:\n\t\t\t“Building” means all of the individual units served through the\nsame utility-owned meter within a building that is used as a nonresidential\ntenancy, including a building used as an office building or shopping center as\nthose terms are defined in § 56-245.2.\n\t\t\t“Campground” means the same as that term is defined in §\n35.1-1.\n\t\t\t“Campsite” means the same as that term is defined in §\n35.1-1.\n\t\t\t“Energy allocation equipment” means the same as that term is\ndefined in § 56-245.2.\n\t\t\t“Energy submetering equipment” has the same meaning ascribed to\n“submetering equipment” in § 56-245.2.\n\t\t\t“Local government fees” means any local government charges or\nfees assessed against a building or campground, including stormwater, recycling,\ntrash collection, elevator testing, or fire or life safety testing.\n\t\t\t“Ratio utility billing system” means a program that utilizes a\nmathematical formula for allocating, among the tenants in a building or\ncampground, the actual or anticipated water, sewer, electrical, oil, or natural\ngas billings billed to the building or campground owner from a third-party\nprovider of the utility service. Permitted allocation methods may include\nformulas based on square footage, occupancy, number of bedrooms, or some other\nspecific method agreed to by the building or campground owner and the tenant in\nthe rental agreement or lease.\n\t\t\t“Water and sewer submetering equipment” means equipment used to\nmeasure actual water or sewer usage in any nonresidential rental unit, as\ndefined in § 56-245.2, when such equipment is not owned or controlled by\nthe utility or other provider of water or sewer service that provides service to\nthe building in which the nonresidential rental unit is located or campground\nwhere the campsite is located.\n\nB. Energy submetering equipment, energy allocation equipment, water and sewer\nsubmetering equipment, or a ratio utility billing system may be used in a\nbuilding or campground if clearly stated in the rental agreement or lease for\nthe leased premises. All energy submetering equipment and energy allocation\nequipment shall meet the requirements and standards established and enforced by\nthe State Corporation Commission pursuant to § 56-245.3.\n\nC. If energy submetering equipment, water and sewer submetering equipment, or\nenergy allocation equipment is used in any building or campground, the owner,\nmanager, or operator of the building or campground shall bill the tenant for\nelectricity, oil, natural gas, or water and sewer for the same billing period as\nthe utility serving the building or campground, unless the rental agreement or\nlease expressly provides otherwise. The owner, manager, or operator of the\nbuilding or campground may charge and collect from the tenant additional service\ncharges, including monthly billing fees, account set-up fees, or account\nmove-out fees, to cover the actual costs of administrative expenses and billing\ncharged to the building or campground owner, manager, or operator by a\nthird-party provider of such services, provided that such charges are agreed to\nby the building or campground owner and the tenant in the rental agreement or\nlease. The building or campground owner may require the tenant to pay a late\ncharge of up to $5 if the tenant fails to make payment when due, which shall not\nbe less than 15 days following the date of mailing or delivery of the bill sent\npursuant to this section.\n\nD. If a ratio utility billing system is used in any building or campground, in\nlieu of increasing the rent, the owner, manager, or operator of the building or\ncampground may employ such a program that utilizes a mathematical formula for\nallocating, among the tenants in a building or campground, the actual or\nanticipated water, sewer, electrical, oil, or natural gas billings billed to the\nbuilding or campground owner from a third-party provider of the utility service.\nThe owner, manager, or operator of the building or campground may charge and\ncollect from the tenant additional service charges, including monthly billing\nfees, account set-up fees, or account move-out fees, to cover the actual costs\nof administrative expenses and billings charged to the building or campground\nowner, manager, or operator by a third-party provider of such services, provided\nthat such charges are agreed to by the building or campground owner and the\ntenant in the rental agreement or lease. The building or campground owner may\nrequire the tenant to pay a late charge of up to $5 if the tenant fails to make\npayment when due, which shall not be less than 15 days following the date of\nmailing or delivery of the bill sent pursuant to this section.\n\nE. Energy allocation equipment shall be tested periodically by the owner,\nmanager, or operator of the building or campground. Upon the request by a\ntenant, the owner shall test the energy allocation equipment without charge. The\ntest conducted without charge to the tenant shall not be conducted more\nfrequently than once in a 24-month period for the same tenant. The tenant or his\ndesignated representative may be present during the testing of the energy\nallocation equipment. A written report of the results of the test shall be made\nto the tenant within 10 working days after the completion of the test.\n\nF. The owner of any building or campground shall maintain adequate records\nregarding energy submetering equipment, water and sewer submetering equipment,\nenergy allocation equipment, or a ratio utility billing system. A tenant may\ninspect and copy the records for the leased premises during reasonable business\nhours at a convenient location within the building or campground. The owner of\nthe building or campground may impose and collect a reasonable charge for\ncopying documents, reflecting the actual costs of materials and labor for\ncopying, prior to providing copies of the records to the tenant.\n\nG. Notwithstanding any enforcement action undertaken by the State Corporation\nCommission pursuant to its authority under § 56-245.3, tenants and owners\nshall retain any private right of action resulting from any breach of the rental\nagreement or lease terms required by this section or § 56-245.3, if\napplicable, to the same extent as such actions may be maintained for breach of\nother terms of the rental agreement or lease under this chapter, if applicable.\nThe use of energy submetering equipment, water and sewer submetering equipment,\nenergy allocation equipment, or a ratio utility billing system is not within the\njurisdiction of the Department of Agriculture and Consumer Services under\nChapter 56 (§ 3.2-5600 et seq.) of Title 3.2.\n\nH. In lieu of increasing the rent, the owner, manager, or operator of a building\nor campground may employ a program that utilizes a mathematical formula for\nallocating the actual or anticipated local government fees billed to the\nbuilding or campground owner among the tenants in such building or campground if\nclearly stated in the rental agreement or lease for the leased premises.\nPermitted allocation methods may include formulas based upon square footage,\noccupancy, number of bedrooms, or some other specific method agreed to by the\nbuilding or campground owner and the tenant in the rental agreement or lease.\nSuch owner, manager, or operator of a building or campground may also charge and\ncollect from each tenant additional service charges, including monthly billing\nfees, account set-up fees, or account move-out fees, to cover the actual costs\nof administrative expenses for administration of such a program.\n\nI. Nothing in this section shall be construed to prohibit an owner, manager, or\noperator of a building or campground from including water, sewer, electrical,\nnatural gas, oil, or other utilities in the amount of rent as specified in the\nrental agreement or lease.\n\nHISTORY: 1992, c. 766, \u00a7 55-226.2; 2003, c. 355; 2005, c. 278; 2010, c. 550;\n2012, c. 338; 2014, c. 501; 2015, c. 596; 2017, c. 730; 2019, c. 712.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}