Legionella Testing for Tenants in Germany
As a tenant in Germany, the obligation for legionella testing in multi-family buildings can raise questions about safety, costs and access to your apartment. This text explains clearly what obligations landlords have, when and how tests under the Drinking Water Ordinance are carried out, and what rights tenants have regarding access, defects or health risks. You will receive practical steps: how to report a defect, secure evidence and observe deadlines, as well as which authorities and courts are responsible. We link only to official sources and name relevant laws and forms so that you as a tenant can make informed decisions and protect your health. The information is general and aimed at tenants in multi-occupancy buildings, student residences and social housing across Germany. Read on for concrete action steps and examples.
What is legionella testing?
Legionella testing is intended to examine the drinking water in large residential buildings for legionella. In Germany, the Drinking Water Ordinance regulates the obligations for testing and sampling[1]. Testing intervals and reporting obligations depend on the ordinance and the size and water supply of the building.
Landlord duties and tenant rights
In principle, the landlord is responsible for the safety of the drinking water installation; this includes regular checks, sampling and, if necessary, remediation. As a tenant, you have rights to information, safe use and access rules.
- Testing intervals: Landlords must carry out tests and checks according to the requirements of the Drinking Water Ordinance and document them.
- Costs: The costs for mandatory tests and remedial work are generally borne by the landlord, unless there is a different agreement.
- Access: Landlords may enter the apartment for sampling with reasonable notice, but not at arbitrary times without consent.
- Remediation: If limit values are exceeded, the landlord must initiate remediation measures and inform tenants.
- Documentation: Results, measures and deadlines must be available in writing and can be inspected on request.
If defects or health risks occur
If you suspect health complaints or legionella have been detected in your hot water, document date, time, affected water outlets and symptoms. Request measures from the landlord in writing and set reasonable deadlines.
- Documentation: Take photos, note measurement times and collect medical certificates if available.
- Contact: Report defects to the landlord in writing and request confirmation of receipt.
- Deadlines: Set a clear, reasonable deadline for remedying the defect and announce possible actions, e.g. rent reduction.
FAQ
- Who pays for legionella testing?
- As a rule, the landlord bears the costs for mandatory tests and necessary remedial work; individual agreements in the tenancy agreement may differ.
- May the landlord enter my apartment for sampling without consent?
- No. The landlord must announce in good time. Entry without consent is only possible in emergencies.
- Which laws regulate testing obligations and my rights as a tenant?
- Key rules are in the Drinking Water Ordinance and in tenancy law of the BGB; local courts (Amtsgerichte) are responsible for disputes.[2]
How-To
- Collect evidence: Photos, measurement times and written communications document the issue.
- Inform the landlord in writing and request confirmation of receipt.
- Request the test reports and check whether sampling was carried out according to the Drinking Water Ordinance.[1]
- If there is no response: Consider further steps, e.g. reporting to the health authority or filing a claim at the local court under ZPO rules.[3]
Help and Support / Resources
- [1] Drinking Water Ordinance (TrinkwV) — Gesetze im Internet
- [2] German Civil Code (BGB) §§ 535–580a — Gesetze im Internet
- [3] Federal Court of Justice (BGH) — Official Website
