Tenant Rights: Smart Meters & Heritage in Germany

Modernization & Cost Allocation 3 min read · published September 07, 2025
As a tenant in Germany, you often stand between interest in modern metering technology and the protection of listed buildings. If your landlord plans to install a smart meter in an older apartment, questions about consent, appearance, construction freedom and data protection are important. This guide explains in clear language which rights tenants have, which legal bases apply and which authorities or courts are responsible. You will learn how to set deadlines, secure evidence, use official forms and when a lawsuit or interim injunction may be appropriate. Links to relevant laws and authorities help to practically accompany the process in Germany. The goal: to support you in decisions and to name legally sound steps.

What does a smart meter in a listed building mean for tenants?

Smart meters are digital electricity meters that collect detailed consumption data. In listed buildings, the technical intervention can affect the substance or appearance; at the same time tenancy law and operating cost rules regulate responsibilities. Landlords have duties under the German Civil Code (BGB) and for billing under the Heating Costs Ordinance and the Operating Costs Ordinance.[1][2][3] In legal disputes, the rules of the Code of Civil Procedure apply.[4]

  • Request written consent (notice): Ask for a detailed technical description and justification.
  • Clarify access and installation (entry): Clarify when and how workers need access and whether structural changes are necessary.
  • Check impact on rent (rent): Check if conversion costs are to be passed on to tenants.
  • Collect evidence (evidence): Document condition, photos and correspondence with landlord and contractors.
Keep all letters, appointments and photos organized and stored safely.

How to enforce your rights

Practical steps begin with communication: request information and deadlines in writing, demand an alternative concept for monument protection or a less invasive installation method. If the landlord does not respond or insists on mandatory structural measures, a formal demand with a deadline can follow; document deadlines and responses carefully. In urgent cases, an interim injunction may be possible; the rules of the Code of Civil Procedure and the jurisdiction of the local court apply.[4][7]

  • Set a deadline (deadline): Give the landlord a clear deadline to respond, e.g. 14 days.
  • Use official forms (notice): Use official templates for lawsuits or applications for legal assistance when necessary.
  • Submit evidence (evidence): Collect photos, expert opinions and correspondence.
Respond to legal notices within deadlines to avoid losing rights.

FAQ

Can the landlord install a smart meter without consent?
In principle, the landlord does not need explicit consent for technical modernizations, but in listed buildings and when the living substance is affected, there are restrictions and information obligations. Check written announcements and request a legal expert opinion.
Can I reduce the rent if the installation affects living quality?
Yes, in case of significant impairment a rent reduction may be considered; the legal requirements follow from the BGB.[1]
Who do I contact for urgent interventions or data protection concerns?
Contact your landlord in writing first and also the responsible monument office. For data protection issues, contact the state data protection authority.

How-To

  1. Set a written deadline of e.g. 14 days to disclose the technical plan and possible interventions.
  2. Collect evidence: photos on site, emails, witnesses and expert reports.
  3. Request official forms, e.g. application for legal assistance or complaint forms at the local court.
  4. Seek legal advice or legal aid if financial support for legal steps is needed.
  5. If necessary, file the lawsuit at the competent local court; higher instances are the regional court and the Federal Court of Justice.[5]

Help and Support / Resources

  1. [1] Gesetze im Internet: Bürgerliches Gesetzbuch (BGB) §§535–580a
  2. [2] Gesetze im Internet: Heizkostenverordnung
  3. [3] Gesetze im Internet: Betriebskostenverordnung
  4. [4] Gesetze im Internet: Zivilprozessordnung (ZPO)
  5. [5] Bundesgerichtshof (BGH) – official site
  6. [6] Federal Ministry of Justice: Forms and service (bmj.de)
  7. [7] Justizportal: Information on local courts

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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.

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