Tenant Guide: Installing an Elevator in Germany

As a tenant in Germany you should know how retrofitting an elevator in a WEG building works legally and practically. Installing an elevator affects owners' decisions, possible cost allocations and your living quality; construction work can also cause habitability issues or restrictions. Well documented photos, times and written reports to the property manager or owner strengthen your position in rent reduction or compensation claims. This guide explains which deadlines apply, when action at the local court may be appropriate and which official forms and laws come into play. The language is clear and aimed at tenants without legal expertise in Germany so you can act safely and informed.

What tenants need to know

The installation of an elevator in a multi‑party building often falls within the competence of the condominium owners' association (WEG). Decisions are usually made by WEG resolutions; specific voting rules and required majorities are regulated by the Condominium Act.^[1]

Decision process in the WEG

As a tenant you cannot vote on WEG resolutions, but you should review the minutes of owners' meetings and request access if necessary from the property manager. Note dates and content of resolutions and planned construction periods.

Costs, tenancy law and defects

Whether and how costs can be allocated to tenants depends on the legal basis and the contract; landlords' obligations under tenancy law are contained in the BGB (§§ 535–580a).^[2] If the usability of the apartment is impaired (e.g. noise, loss of heating, water damage), a rent reduction may be considered if you report defects in due time and in writing.

• Report defects in writing (notice) and obtain confirmation of receipt.
• Secure photos and timestamps (photo) as evidence.
• Collect receipts for expenses (receipt) for possible reimbursement claims.
• Note deadlines (deadline) and confirm appointments in writing.
• In case of dispute: consider filing suit at the competent local court (court).

How to document construction and defect events correctly

Good documentation helps in discussions with the landlord, the WEG and—if necessary—in court. Record date, time, duration of the disturbance and name concrete consequences for your apartment use. Send defect notifications by e‑mail and additionally by registered mail where possible.

• Record date and time (photo) with short descriptions.
• Create a written defect notification (notice) and document dispatch.
• Keep receipts for replacement purchases (receipt).

FAQ

Can tenants take action against a WEG resolution?

Tenants themselves are not parties to WEG resolutions; however, you can document your affected position and ask the landlord or owners to consider your interests. If your rights are violated, a civil review and possibly a lawsuit at the local court may be appropriate.^[3]

Can I reduce my rent because of construction work?

If the usability is significantly restricted, a rent reduction may be possible if the landlord does not provide timely remedy. Report defects in writing and document the extent and duration of the impairment. Legal foundations are found in the BGB.^[2]

Which official forms do I need?

For court proceedings, a complaint according to the provisions of the ZPO is generally used; for defects, a simple written defect notification with evidence is usually sufficient.

How-To

1. Document: take photos, timestamps and brief descriptions (photo).
2. Report defects in writing to landlord or property manager (notice) and document dispatch.
3. Collect receipts for additional expenses (receipt) and keep invoices.
4. Legal review: seek legal advice and consider filing suit at the local court if there is no response (court).

Key Takeaways

• Documentation is crucial for rent reduction or compensation claims.
• Observe deadlines and formal steps promptly to protect your rights.
• Written defect notifications and confirmations strengthen your position.

Help and Support / Resources

• Condominium Act (WEG) – gesetze-im-internet.de
• BGB §535 ff. – gesetze-im-internet.de
• Code of Civil Procedure (ZPO) – gesetze-im-internet.de

1. [1] Wohnungseigentumsgesetz (WEG) – gesetze-im-internet.de
2. [2] BGB §535 ff. – gesetze-im-internet.de
3. [3] Zivilprozessordnung (ZPO) – gesetze-im-internet.de