Tenant Rights: Stairlift in WEG Buildings, Germany
As a tenant in Germany, you may need barrier-free access. When a stairlift is to be installed in a building with a condominium owners' association (WEG), this affects both tenancy law and WEG law and often requires approval from owners and the landlord. This text explains in practical terms what rights tenants have, which forms and deadlines to observe, how to submit an application and how to prepare for an owners' meeting. I describe which official legal sources are relevant, when rent reduction may apply and which courts are competent. The aim is to give you, as a tenant, clear steps so that you can safely and lawfully apply for a stairlift.
Rights and Responsibilities
As a tenant, stairlift plans touch tenancy law (§§ 535–580a BGB)[1] and condominium law (WEG).[2] If the structural alteration affects common property, the owners' meeting usually decides; in disputes the local court is competent.[3]
Who decides in the WEG?
- The owners' meeting votes on structural changes to common property.
- The property manager prepares resolutions and may request technical reports.
- Landlords and managers are your first contacts for written applications.
Forms, Deadlines and Evidence
There is no nationwide standard "stairlift form"; common items are:
- Written application to the WEG administration or manager (application for consent to structural alteration).
- Written notice to the landlord with a technical description, installation location and cost-sharing proposal.
- Photos, reports and cost estimates as proof of necessity and performance obligations.
- Observe deadlines for objections or appeals after a rejection.
If the WEG must consent, your application should include: justification (medical/social), technical description, installation measures, compensatory measures for common property and, if applicable, an offer to cover costs or restore on moving out.
What to do if Refused or Blocked?
First check the WEG's quorum and the form of resolution. If there is no proper resolution or your tenancy rights are breached, consider the following steps:
- Seek further talks with landlord, manager and WEG board.
- Send a written demand with a deadline and supporting documents.
- If no agreement is reached, check whether a resolution can be challenged in court or whether interim relief is possible.
Practical Examples and Official Forms
Example 1: An elderly tenant requests a stairlift due to limited mobility. He provides a medical certificate, two estimates and a written application to the property manager. If the WEG refuses consent, he can have the resolution reviewed or seek preliminary injunctions.[3]
Forms and templates are often not uniform nationwide; responsible bodies include the property manager, the local court and authorities for housing promotion for subsidy applications. Official legal texts on rights and procedures are found in the legal codes.[1][2]
FAQ
- Who pays for a stairlift?
- That depends on agreements, owners' resolutions and funding options; tenants, landlords and the WEG often negotiate cost sharing.
- Can a landlord prohibit installation?
- A blanket prohibition is not automatically effective; WEG consent obligations and contractual rules must be examined.
- Which courts are competent in disputes?
- Local courts (Amtsgerichte) handle tenancy disputes in the first instance; specific legal questions may go to the regional court or Federal Court of Justice.
How-To
- Step 1: Gather medical certificates, estimates and a technical description of the stairlift.
- Step 2: Notify the landlord and property manager in writing and request consent.
- Step 3: Set a reasonable deadline for a response and prepare documents for the owners' meeting.
- Step 4: Attend the owners' meeting or send a representative to explain the request.
- Step 5: Document resolutions, correspondence and agreements carefully.
- Step 6: If no agreement is reached, consider legal action at the local court or interim relief.
Key Takeaways
- Tenants should communicate early and in writing to improve approval chances.
- Good documentation (certificates, offers, photos) is crucial for success in disputes.
