Tenant Rights: Accessible Bathroom in Germany
What applies legally?
As a tenant you have rights from the rental agreement and from the Civil Code (BGB) that regulate the maintenance of usability.[1] Structural interventions in common property of a condominium building concern the Condominium Act (WEG) and usually require the consent of the homeowners' association.[2] In case of dispute, civil procedure rules under the Code of Civil Procedure (ZPO) and the jurisdiction of the local court must be observed.[3]
Practical steps for tenants
Use this sequence to apply for an accessible bathroom objectively and with legal certainty:
- Check the rental agreement and note concrete reasons for the adaptation (medical necessity, need for care).
- Contact the landlord in writing first and request a written statement; state desired measures and deadlines.
- Submit an informal application to the WEG administration or homeowners' meeting with a sketch and cost estimate.
- Obtain cost estimates and clarify who bears the costs or whether grants are possible.
- Document all contacts, responses and deadlines with dates and copies of emails or letters.
If the homeowners' meeting rejects the request, ask for reasons and check whether annulment of the resolution or a lawsuit is possible. In many cases a medical certificate or a written offer for construction implementation can be persuasive.
Sample text: Application to landlord/WEG
A simple application could start: "I hereby request, for substantiated medical reasons, approval to convert the bathroom in my apartment to an accessible standard. Please inform me in writing within four weeks about consent and possible conditions." State deadlines, desired measures and attach cost estimates.
Frequently Asked Questions
- Do I need the consent of the WEG for an accessible bathroom?
- Yes, if works affect common property (e.g. pipes, load-bearing walls). Clarify scope and consent before starting work.[2]
- Who pays the costs?
- That depends: landlord, homeowners' association or public grants may be relevant; obtain cost estimates and funding information.
- What if the WEG refuses?
- Check the reasons for refusal, consider the local court for errors in resolutions or use medical expert opinions to support your case.
How-To
- Collect medical evidence and concrete proposals for the remodeling measures.
- Send a written application to the landlord and WEG administration with a stated deadline.
- Request access to minutes and votes of the homeowners' meeting if necessary.
- Apply for funding or grants from responsible agencies (e.g. social services, rehabilitation agencies).
- If no agreement: consider legal action before the local court; prepare documents and observe deadlines.
Help and Support / Resources
- BGB (Civil Code) – Gesetze im Internet
- Condominium Act (WEG) – Gesetze im Internet
- Code of Civil Procedure (ZPO) – Gesetze im Internet