Retrofitting Elevators in Older Buildings: Tenants in Germany
As a tenant in Germany, you often face practical questions when an elevator is to be retrofitted in an older building. Who pays the costs, what deadlines apply, and how do you coordinate the structural measure with the landlord and the owners' association? This article explains in clear language your rights and duties as a tenant, possible subsidies, typical procedures and how to prepare formal steps — from the written request to a possible owners' resolution. You will receive guidance on documenting need, what is relevant under tenancy law in the BGB, and which courts and forms you should know.
What tenants need to know
An elevator changes the use of the building and affects tenants, owners and the community. In principle, the landlord's obligations under the BGB apply, such as maintaining the rented property and ensuring its usability.[1] Many decisions about permanent structural changes are made in the owners' meeting; as a tenant you should present your needs in writing early and check for possible support through subsidy programs.
Procedure: arranging an elevator
This is how tenants, landlords and the owners' association typically work together:
- Inform the landlord in writing and describe the need and the desired elevator location.
- Clearly name deadlines and appointments, e.g. for inspections or owners' meetings.
- Check the cost framework and possible distribution among the owners.
- Obtain technical assessments or feasibility studies.
Rights, costs and subsidies
Tenants cannot unilaterally have an elevator installed, but they can assert a claim to the preservation of usability if the apartment is otherwise not usable.[1] The allocation of costs for structural measures depends on condominium law and possibly on agreements in the division declaration; the owners' meeting often decides. There are nationwide and regional grants for accessibility; check subsidy programs locally.
Legal steps and deadlines
If negotiations fail, legal action is possible. Tenancy disputes before the local court (Amtsgericht) are common; procedural rules for enforcing civil claims are governed by the ZPO.[2] Respond to deadlines and notices in writing and on time, and remember to collect evidence and correspondence.
Practical example: sample process for tenants
- Written request to the landlord with justification and photos.
- Attach an expert report or a contractor's offer.
- Check possible subsidies and file applications.
- Attend the owners' meeting or initiate a resolution.
Frequently Asked Questions
- Can I as a tenant demand an elevator from the landlord?
- A general entitlement does not always exist, but it may be possible if use without an elevator is significantly impaired or there is a health impairment; check individual law and BGB rules.[1]
- Who decides on the installation in a multi-party building?
- The owners' meeting makes decisions on structural changes to common property; tenants should present their interests in writing.
- What deadlines apply to lawsuits or applications?
- Civil procedural deadlines are set by the ZPO; additional association or administrative deadlines may apply for certain measures.[2]
How-To
- Draft a written statement of need to the landlord with date and concrete justification.
- Arrange inspection appointments and specify deadlines for responses.
- Research subsidies and submit applications in time before construction starts.
- Request a technical assessment and submit it to the landlord/owners' association.
- If necessary, prepare documents for a resolution or legal clarification.
Help and Support / Resources
- BGB §535: Rights and duties of the landlord
- ZPO: Rules for civil court proceedings
- Federal Court of Justice (BGH) – decisions and information
