Smart Meters in Listed Buildings: Tenant Rights in Germany

In many old and listed buildings, the planned installation of smart meters raises questions for tenants: What rights do tenants in Germany have when the meter is replaced or electronics retrofitted, and who pays the costs? This text explains in plain terms what landlords may do, when monument protection matters and how tenants can formally object or seek protection through authorities. You will receive concrete action steps, deadlines and evidence tips, as well as links to important official agencies and laws so that you as a tenant can make informed decisions and enforce your rights.

What is a smart meter and why is monument protection important?

A smart meter is a digital measurement system for recording electricity, gas or heat data at short intervals. For listed buildings, installation often means structural interventions at meter cabinets or cable routes that may affect the fabric or appearance. The owner's consent is generally required, but tenants should note that landlords must announce and justify modernization measures in accordance with ^[1] if they are permissible.

What rights do tenants have?

Tenants are entitled to basic living quality and must be informed about modernizations. For smart meter interventions, tenancy obligations and conservation rules apply. Generally, landlords may carry out modernizations but must not arbitrarily degrade the rented property or shift costs without legal basis.^[1] For interventions affecting protected fabric, the responsible monument authority must be involved.

When can tenants object or contest?

A tenant can object if the installation impairs living quality, there are safety concerns, or monument protection is violated. Objections should be made in writing to the landlord; state your reasons clearly and attach evidence. If authorities are involved, applying for a review or contacting the monument authority is often prudent.

Technical and data protection issues

Smart meters collect detailed consumption data, so data protection and IT security are central. The Federal Office for Information Security (BSI) issues requirements for secure communication and protection of personal data.^[3] Ask the landlord and metering point operator in writing about access, readout frequency and storage.

Costs, allocation and modernization expenses

Whether and how costs can be allocated depends on the type of measure. Pure metering costs are often not chargeable to tenants, while modernization costs can be passed on under certain conditions. Request a detailed breakdown and challenge unclear calculations. If uncertain, the local district court can decide.^[1]

Forms and official steps for tenants

There is no nationwide standard form for objecting to a smart meter installation. Relevant official steps and forms include:

• Objection letter to the landlord (written, dated): no nationwide template; explain why the installation is unlawful or causes significant disadvantages.
• Inquiry or application to the responsible monument authority: check local rules and request a statement on the permissibility of interventions.
• Filing a lawsuit at the district court: if out-of-court resolution fails, filing a complaint at your local Amtsgericht is the next step.

Practical examples

Example 1: A tenant reports that the meter cabinet in a listed building would be damaged by the installation. They send a reasoned objection to the landlord and ask for the monument authority's opinion. Installation should not proceed until clarified.

Example 2: If costs are unclear, a tenant requests a detailed cost statement and refers to allowable allocation criteria; if transparency is lacking, they file a lawsuit at the Amtsgericht.

FAQ

Can the landlord install smart meters if the building is listed?

No, not without review by the monument authority; conservation requirements can prevent or limit alterations.

Do I as a tenant have to tolerate the installation?

It depends on the type of measure and consequences for the apartment. In case of significant impairment, tenants may object or consider rent reduction.

Who oversees data protection and security of metering data?

The BSI sets standards and security recommendations; questions about access and storage should be clarified in writing.^[3]

Which court handles disputes?

Rental disputes are generally first heard by the competent Amtsgericht.

How-To

1. Write a formal objection to the landlord and state your reasons in writing.
2. Set deadlines: request a reply within 14 days and document receipt.
3. Collect evidence: photos, email exchanges and on-site reports.
4. Contact the local monument authority and ask for a statement on permissibility.
5. If necessary, prepare and file a lawsuit at the competent district court.
6. Review cost breakdowns and request proof before accepting charges.

Key Takeaways

• Tenants have protections and can object to intrusive installations.
• Monument protection may block or limit smart meter installations.
• Written documentation and formal steps strengthen tenant claims.

Help and Support / Resources

• Gesetze im Internet: BGB
• Bundesnetzagentur: Informationen zu Smart Metern
• BSI: Security and data protection for smart meters

1. [1] Bürgerliches Gesetzbuch (BGB) §535 - Inhalt und Hauptpflichten des Mietvertrags
2. [2] Bundesnetzagentur - Intelligente Messsysteme / Smart Meter
3. [3] Bundesamt für Sicherheit in der Informationstechnik (BSI) - Smart Meter