Retrofitting Elevators in WEG: Tenant Rights Germany

Accessibility & Disability Rights 3 min read · published September 07, 2025

As a tenant you should know how structural changes like retrofitting an elevator in a WEG building are legally classified. In Germany such projects touch condominium association law, tenancy law and accessibility requirements: who decides how costs are distributed, and what rights do tenants have regarding access, use and protection against improper burdens? This article explains the most important steps for tenants in a practical way, names relevant laws and presents procedures with which you can assert your interests in the owners' association and vis-à-vis the landlord. You will receive guidance on resolutions, deadlines, documenting possible damage and judicial options if an amicable solution is not achieved.

Legal bases and responsibilities

Retrofitting an elevator concerns the Condominium Act (WEG) and landlord duties under the BGB. In the WEG the owners' meeting usually decides on structural measures; often qualified majorities are required. As tenants you should check whether and how resolutions may affect the use of your rental unit or your rent. If there is a dispute about the competence of resolutions or cost allocation, courts can be involved.[1][2]

Resolutions of the owners' meeting bind the community in many cases, but they do not automatically override individual rental contracts without review.

Cost allocation, participation and resolutions

It is important who bears the costs and according to which key costs are settled. Operating or maintenance costs are borne by the landlord, while modernization or structural measures in the WEG are assessed differently.

  • Clarify costs (costs): Who pays for investment, planning and connection work?
  • Observe deadlines (deadline): Convening and objection deadlines are time-limited.
  • Forms and resolution templates (form): Check the agenda and documents relevant to voting before meetings.
  • Documentation (evidence): Photos, minutes and correspondence secure your rights.
Early participation in meetings increases the ability to influence tenant interests.

Tenant participation

Tenants do not have voting rights in the owners' meeting, but they can influence through the landlord and must be heard as affected parties. Request access to resolution documents and ask for explanations before votes take place.[1]

Practical steps for tenants

  1. Request the agenda and full resolution documents in writing (form).
  2. Collect evidence and photos of condition and accessibility of the building (evidence).
  3. Talk to the landlord and neighboring owners to explore solutions (contact).
  4. Observe deadlines for objections or appeals (deadline).
  5. Consider judicial steps if resolutions unlawfully affect your rights (court).
Respond promptly to invitations and legal remedies to avoid missing deadlines.

Frequently Asked Questions

Can the owners' association enforce an elevator that changes my rental contract?
A resolution of the owners' association can order structural measures, but it cannot simply abolish contractually guaranteed tenant rights; check the effects on your rental use and contact your landlord in time if necessary.[1]
Do tenants have to pay for the elevator?
As a tenant you normally do not directly bear the investment costs of the owners' association; however, potential rent increases due to modernization must be examined under the BGB and modernization regulations.[2]
Where can I turn if a resolution violates my rights?
For legal disputes the competent local court (Amtsgericht) is responsible for tenancy and housing matters; in certain cases the regional court or the BGH may be involved when fundamental legal questions arise.[3]

How-To

  1. Check invitations and deadlines (deadline): Read the resolution documents at least two weeks before the meeting.
  2. Request missing documents (form): Ask in writing for plans, cost estimates and minutes.
  3. Document relevant defects (evidence): Record photos and witness statements with dates and circumstances.
  4. Contact advice (contact): Seek municipal office or advisory service for legal questions.
  5. Consider legal steps (court): Present evidence and a legal assessment if necessary.

Help and Support / Resources

  1. [1] Wohnungseigentumsgesetz (WEG) – gesetze-im-internet.de
  2. [2] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
  3. [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
  4. [4] Bundesgerichtshof (BGH) – decisions

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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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