Smart Meters & Tenant Rights in Germany
As a tenant in Germany, converting to smart meters in a listed building can raise questions about permission, costs and data protection. This overview explains what rights and obligations you have, how to properly document installation and meter data, and which authorities are responsible. I explain step by step which proofs (photos, meter readings, written notices) are useful, how to draft formal objections to the landlord or the monument authority and which deadlines matter. These tips help you avoid conflicts or be prepared for legal proceedings without complicated legal jargon. At the end you will find a practical how-to for documentation, an FAQ and official contact points so you can act quickly.
What is a smart meter and what special rules apply in monument protection?
Smart meters are digitally networked electricity meters that regularly transmit consumption data. In listed buildings, additional protection rules of the monument authority apply: structural measures are often only permitted with the consent of the monument protection authority. As a tenant, you should check before installation whether the landlord has obtained the necessary approvals and whether the work alters the building fabric. Official technical information on smart meters is provided by the Federal Network Agency[1].
Rights and obligations for tenants in Germany
In principle, the landlord is obliged to maintain the rental property in contractual condition (BGB §§ 535 et seq.). Changes to metering operations or building technology can affect operating costs and data protection. If installation causes impairments to habitability, claims for rent reduction may arise. Request in writing whether costs are to be passed on to you and ask to see all technical details and permits.[2]
Data protection and metering data
Smart meters collect consumption data that can be personal. Clarify with the landlord which data are transmitted, how long they are stored and who has access. Request a written statement on data processing and check options to anonymize sensitive data or transmit only aggregated information. If unsure, the Federal Network Agency or the data protection authority can provide guidance.[1]
How tenants should document installation in listed buildings
- Photograph the affected area before, during and after installation (record).
- Note meter readings in writing and save timestamps (record).
- Request written notices and permits from the landlord and keep copies (notice).
- Contact the responsible monument authority if unclear structural changes are planned (contact).
- Document subsequent repairs or alterations, including invoices and repair reports (repair).
How-To
- Gather evidence (record): photos, meter readings and written communications from the landlord.
- Request the monument authority's approval documents in writing (notice).
- Consult the monument authority and ask about permissible measures (contact).
- Secure metering data and log when data transmissions occur (record).
- If conflicts arise: draft a defect notice or objection and send it by registered mail.
- If necessary, bring the case before the local court; name the competent instances for legal questions (court).
FAQ
- Can the landlord install a smart meter without the tenant's consent?
- The landlord may carry out structural measures but must respect your use of the dwelling and, if applicable, obtain permits for listed buildings. Personal impact and data protection must be clarified.
- Who decides on disputes about monument protection and installation?
- Local monument authorities and, in case of disputes, civil courts (local court/landgericht) decide on permissible measures. Higher legal questions can reach the Federal Court of Justice.[3]
- Can the landlord pass on smart meter costs in the service charges?
- Only if contractually or legally permitted; check the billing and request evidence. Operating cost regulations and the BGB are decisive here.[2]
Help and Support / Resources
- Federal Network Agency – information on smart meters
- Civil Code (BGB) – tenancy law §§535–580a
- Federal Court of Justice – rulings on tenancy law
