Tenant Guide: Installing Elevator in Germany

Tenants in Germany often face many questions when an elevator is retrofitted in condominium (WEG) buildings: which documents are needed, which deadlines apply, who pays the costs and how does this affect your tenancy? This guide explains the key steps in plain language: which documents matter, how owners' resolutions work, which legal bases apply and which deadlines tenants should observe. It is aimed at tenants without legal expertise and gives practical advice on protecting your interests, reporting defects and which authorities or courts can be contacted. At the end you will find a short step-by-step guide and official contacts in Germany.

What tenants need to know

Whether tenants can decide directly depends on whether they are owners or renters of the affected living space. Decisions on structural measures in homeowner associations (WEG) are made by the owners' meeting; tenants have information rights, but obligations to tolerate certain measures may arise. Relevant legal bases can be found in the German Civil Code (BGB) and the Condominium Act (WEG).^[1][2]

Important documents

• Construction resolution or minutes of the owners' meeting (document)
• Cost estimates and financing plan (form)
• Technical documents, supplier offers and expert reports (evidence)
• Written defect notice to the landlord (form)

Document dates, content and responses in writing and keep copies: photos, emails, minutes and offers help to enforce deadlines and claims. If you set deadlines or file objections, record the dates clearly and send letters by registered mail or with proof of receipt.^[3]

Deadlines and procedure steps

• Observe calling deadlines for owners' meetings (deadline)
• Check objection periods against resolutions (deadline)

Costs and financing

• What costs arise and how they are distributed (payment)
• Modernization apportionment and possible rent increases (rent)
• Check subsidies and grants and submit applications in time (form)

Whether owners or landlords must pay depends on ownership structures, agreements and resolutions. For modernizations there are special rules on apportionment and notification; get information early and request transparent cost estimates. In case of disputes, the local court (Amtsgericht) may be competent; legal actions and procedures follow the Code of Civil Procedure.^[3][4]

FAQ

Who decides on installing an elevator in a WEG?

The owners decide in the owners' meeting by resolution; tenants do not have voting rights but can assert information rights.

Who pays the costs?

The owners usually bear the construction costs; landlords may under certain conditions apply modernization apportionments that affect tenants.

Which deadlines are important?

Key deadlines concern meeting calls, objection periods against resolutions and possible court deadlines; check dates early and document deadline settings.

How-To

1. Collect documents: minutes, offers, photos and correspondence (document)
2. Check deadlines: meeting, objection and litigation periods (deadline)
3. Obtain cost estimates and clarify financing (payment)
4. Prepare and submit a resolution proposal for the owners' meeting (form)
5. Seek legal advice if there is a dispute and consider the local court (court)
6. Report defects in writing and document receipt (form)

Help and Support / Resources

• Hotline & information on tenancy law at the Federal Ministry of Justice (help)
• Laws: BGB §§ 535–580a on Gesetze im Internet (help)
• Federal Court of Justice: decisions and case law information (help)

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1. [1] German Civil Code (BGB) – gesetze-im-internet.de
2. [2] Condominium Act (WEG) – gesetze-im-internet.de
3. [3] Code of Civil Procedure (ZPO) – gesetze-im-internet.de
4. [4] Federal Court of Justice (BGH) – bundesgerichtshof.de