Tenant Guide: Basement Fire Safety in Germany

As a tenant in Germany, you should know how basement fire safety works and who is responsible for hazards. Many basement areas in high‑rise buildings contain storage, electrical installations or heating equipment that increase fire risks. This text explains clearly and practically which obligations landlords have, what rights tenants have in case of defects and dangerous situations, how to document hazards and which deadlines you can set. You will receive concrete action and documentation steps, tips for contacting authorities and courts, and examples of how to enforce your safety. The goal is to provide you as a tenant with pragmatic tools for a safe basement in Germany. If you see immediate danger, call the fire brigade immediately and inform your landlord in writing in parallel; the following guidance helps you act quickly and lawfully.

What does basement fire safety mean for tenants?

Basement fire safety includes structural requirements, the duty to remove hazards and regular checks of technical systems. Landlords are obliged to remove hazards and ensure fire protection; tenants therefore have rights in case of defects, such as rent reduction or claims for remedy. Many rules are anchored in the German Civil Code (BGB) ^[1].

Landlord duties and tenant rights

In everyday practice, this means for tenants in high‑rise buildings:

• Inform the landlord in writing (notice) about identified fire risks, ideally with photos and dates.
• Set a reasonable deadline (deadline), e.g. 14 days to remedy acute defects.
• Document carefully: photos, timestamps, chat and email traffic as evidence.
• In case of acute danger, call the fire brigade (call) and additionally inform the landlord in writing.

Example: Defect notice and deadlines

An example of a simple, legally secure defect notice: date, short description, photo attachments, and a deadline for remediation. Clearly name the hazard and the response you expect.

1. Send a written defect notice to the landlord (notice), ideally by email and letter.
2. Set a deadline (deadline): e.g. 14 days for remediation of acute fire hazards.
3. After the deadline: consider rent reduction or seek reimbursement (rent) if the landlord does not act.
4. If necessary: file a claim at the local court; tenancy law is usually heard at the Amtsgericht (court). ^[3]

When to involve authorities or courts?

For immediate fire hazards, the fire brigade is the first point of contact. If the landlord repeatedly fails to act, you can involve supervisory authorities or the competent local court. For legal proceedings, the Civil Procedure Code (ZPO) and procedures before Amtsgericht and Landgericht apply ^[2].

FAQ

Who is liable for a basement fire?

Generally, the landlord is obliged to ensure safe conditions; if a duty is breached, they can be liable. Specific claims depend on the individual case.

Can I reduce my rent if the basement is unsafe?

Yes, a rent reduction may be possible in case of significant impairment or danger. Documentation and setting a deadline with the landlord are important.

Where do I turn in case of immediate danger?

In case of immediate danger: fire brigade (112). For administrative or legal actions the local court (Amtsgericht) is competent; appeals can reach the Federal Court of Justice (BGH). ^[4]

How-To

1. Collect photos and dates and prepare a short defect description (evidence).
2. Send a written defect notice to the landlord (notice) and document receipt.
3. Set a reasonable deadline (deadline), e.g. 14 days for acute defects.
4. Call the fire brigade immediately in case of acute danger (call).
5. If the landlord remains inactive, seek advice and possibly file a claim at the local court (court).

Key Takeaways

• Landlords bear primary responsibility for basement fire safety.
• Clean documentation (photos, messages) is essential for asserting your rights.
• Set clear deadlines (deadline) and act quickly in case of danger.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
• Justizportal des Bundes und der Länder – Amtsgerichte
• Bundesministerium der Justiz (BMJ)

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zivilprozessordnung (ZPO) – Gesetze im Internet
3. [3] Justizportal des Bundes und der Länder – Amtsgerichte
4. [4] Bundesgerichtshof (BGH) – Entscheidungen und Informationen