Emergency Building Works: Tenants' Rights in Germany

Many tenants in Germany face the question of what is permitted during urgent building works in their building and how to oppose unreasonable measures. This article explains in plain language when a landlord may use emergency proceedings, which deadlines and forms are important, and how rent reduction, access rights and temporary rehousing are assessed under the law. You will get practical steps for documenting defects, guidance on contacting the local court and orientation to relevant BGB provisions. The language remains simple so non-lawyers can recognise their rights, meet deadlines and take appropriate action if necessary. We provide sample wordings for complaints, name official forms and explain when legal representation is advisable.

What applies to emergency proceedings for building works?

For urgent building works, a landlord may in certain circumstances seek emergency proceedings or an interim injunction to enforce access or work. The local court (Amtsgericht) is usually responsible for such civil applications; procedural rules are in the Code of Civil Procedure (ZPO)^[2] and tenancy rights and duties are in the German Civil Code (BGB)^[1]. Emergency proceedings are intended only to avert immediate, significant harm or imminent danger.

Which rights do tenants have specifically?

Tenants can, in certain circumstances, reduce the rent if the usability of the apartment is significantly impaired by building works (see §536 BGB). There are also rules on access: a landlord usually needs prior notice and a justified reason. If the apartment is temporarily uninhabitable, there may be a claim for temporary accommodation.

• Observe deadlines: react immediately and record dates and times of all disturbances and deadlines.
• Send a formal defect notice: provide a detailed description, send by registered mail and set a deadline for remedy.
• Create documentation: collect photos, videos and witness statements as evidence.
• Court proceedings: if the landlord initiates emergency proceedings or files a claim, the local court is competent; prepare your documents.

Example wording for a defect notice: "Dear landlord, due to ongoing loud construction work since [date], I will reduce the rent from [date] by [percentage]. Please remedy the defect by [deadline, e.g. 14 days]." Such phrases help to substantiate a claim later.

Forms and the Local Court

For court actions, tenants and landlords use standard civil claim and application forms provided by the judicial system. Relevant documents include the civil complaint form or applications for interim injunctions at the competent local court. First, send a deadline letter to the landlord; if there is no response, the complaint can be filed with the local court. The complaint should describe the facts, attach evidence and state the requested relief (e.g., injunction, rent reduction, damages). Templates are available on the justice websites of your federal state or the central justice portal.^[2]

When to get legal representation?

Legal advice is recommended for emergency proceedings and eviction cases, especially when deadlines are short or the other party has already initiated court action. Lawyers can submit timely applications and present evidence professionally.

FAQ

Can the landlord carry out building works without prior notice?

Only in absolute emergencies (imminent danger) may a landlord act immediately; otherwise notice and coordination are required.

Can I reduce the rent because of construction noise?

Yes, if the apartment's use is significantly restricted. The amount depends on the specific case and must be documented; the legal basis is in the BGB.^[1]

Where do I file an emergency proceeding?

Emergency proceedings or interim injunctions are filed at the competent local court (Amtsgericht); procedural rules are in the ZPO.^[2]

How-To

1. Collect evidence: photos, noise logs and witness statements with dates and times.
2. Send a written defect notice: registered mail with a clear deadline for remedy.
3. Monitor deadlines: note all deadlines and respond promptly to any court dates.
4. File an application at the local court if necessary: submit your claim or urgent application with all evidence attached.

Key Takeaways

• Rent reduction may be possible when habitability is significantly affected by works.
• Deadlines matter: set and observe precise deadlines.
• Thorough documentation strengthens your position in court.

Help and Support / Resources

• Gesetze im Internet: BGB §§ 535–580a
• Gesetze im Internet: ZPO
• Federal Court of Justice (information and case law)

1. [1] Gesetze im Internet: BGB §§ 535–580a
2. [2] Gesetze im Internet: ZPO
3. [3] Bundesgerichtshof: Information and case law