Basement Fire Safety 2025: Tenants in Germany

Safety & Emergency Protections 3 min read · published September 07, 2025

As a tenant in Germany it is important to know which fire safety rules apply in the basement and who is responsible for what. This text clearly explains the landlord's duties, the tasks tenants should take on, how regular inspections and maintenance are carried out and which steps are advisable in case of damage or an emergency. You will receive practical tips on documenting defects, the written defect notice, relevant deadlines and legal steps if necessary. Examples show how to achieve safe cooperation with the landlord and which official legal sources and forms are helpful for clarification. The article lists concrete deadlines, explains when you should collect photos and records, and describes the procedure in eviction actions before the local court. It also refers to key laws such as the BGB[1] and the ZPO[2] and relevant BGH case law[3].

Why basement fire safety matters

Basements often contain heating systems, electrical panels, stored goods and connection lines. Faulty installation or storing flammable materials increases the fire risk. Landlords are responsible for maintenance under tenancy law, while tenants must report risks and keep access routes clear.

Basement technical rooms should not be used as permanent storage for easily flammable items.

Landlord and tenant obligations

The landlord must keep the rented property in a condition suitable for use and ensure regular inspections, for example of heating and electrical installations. Tenants must report defective equipment or visible damage immediately and avoid fire loads. If there is a dispute about responsibility, the local court can decide.

Concrete actions for tenants

  • Report defects in writing and set a reasonable deadline for remedy
  • Secure photos and videos as evidence and record the date
  • In case of acute fire danger call the fire brigade immediately and inform the landlord
  • Do not block access to technical rooms and escape routes
  • Check entitlement to repairs and document appointments with tradespeople
Keep all written notifications and landlord responses organized.

Inspections, maintenance and forms

Regular inspections of electrical systems, heating systems and smoke detectors reduce risks. Some inspections are legally required or must be contractually arranged by the landlord. A simple written defect notice is the most important tool for tenants; there is usually no central official form, a clear letter or email with description and deadline is sufficient.

The more precisely you document time, place and visible defects, the more reliable your records are in a dispute.

Examples of useful wording and documents:

  • Written defect notice (brief description of the defect, desired deadline for remedy)
  • Photo documentation with date and location description
  • Set a deadline for remedy (common: 14 to 28 days depending on danger)

What to do if there is no response?

If the landlord does not respond despite a written request, tenants can consider further steps: involve the appropriate tradesperson (after announcement), reduce rent for significant impairments, or as a last resort file a lawsuit at the local court. The Code of Civil Procedure regulates court proceedings and jurisdiction.[2]

Respond promptly to legal letters and court dates to avoid disadvantages.

FAQ

Who pays for basement fire safety measures?
Generally the landlord bears the costs for maintenance and safety inspections; tenants only pay if they caused the damage or for agreed additional services.
Can the landlord enter basement rooms without notice?
No. The landlord usually needs prior notice unless there is an acute danger requiring immediate action.
What deadline is reasonable for fixing an electrical defect?
Immediate action is required in case of fire or life danger; for other safety-relevant defects 14 to 28 days are common, depending on severity.

How-To

  1. Send a written defect notice to the landlord with a precise description and deadline
  2. Collect and securely store photos, videos and witness notes
  3. Document the expiry of the deadline and follow up in writing about cost assumption
  4. If no solution occurs, consider filing a claim at the competent local court

Help and Support


  1. [1] §535 BGB — Gesetze im Internet
  2. [2] ZPO — Gesetze im Internet
  3. [3] Bundesgerichtshof — offizielle Seite
  4. [4] Betriebskostenverordnung (BetrKV) — Gesetze im Internet
Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights Germany

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.