Tenant Rights: Adding an Elevator in Germany

Many tenants in Germany face the question of how an elevator retrofit in a WEG building is planned and what rights they have. This guide explains step by step who makes the decision, how costs can be shared, which deadlines and formal requirements apply and how tenants can effectively represent their interests. It is aimed at non‑lawyers and names relevant laws, competent courts as well as practical forms and examples. In the end you will know how to understand an information or resolution proposal, which evidence is useful and where to find help if owners or the administrator do not respond. You will also learn what participation tenants have in owners' meetings and how to file formal objections.

What tenants should know

When retrofitting an elevator, tenancy law and condominium law interact. Important provisions from the BGB govern landlord and tenant duties and tenant rights^[1], while the Condominium Act (WEG) regulates ownership resolutions^[2]. Judicial clarification is provided by the ordinary courts; leading decisions of the Federal Court of Justice (BGH) can offer guidance^[3].

• Check quorum rules and agenda items of the owners' meeting.
• Clarify how costs will be shared and whether apportionment to tenants is allowed.
• Have technical prerequisites, statics and accessibility requirements examined.
• Document needs and defects with photos, emails and witness statements.

For tenants it is important to know that not every structural measure can automatically be charged to tenants; cost allocation depends on resolutions, declarations of division and applicable law^[1][2]. In disputes the local court usually rules in the first instance, with appeals to the regional courts and the BGH possible^[4].

Important forms and when to use them

Forms can be relevant for tenants even though many WEG processes run as resolution proposals. Typical forms and steps are:

• Complaint form/statement of claim under the ZPO: Used when eviction proceedings or enforcement of a right become necessary; example: a tenant seeks a court ruling on the apportionability of costs.
• Application for a preliminary injunction: When immediate action is required for health or accessibility reasons.
• Resolution proposal for the owners' meeting: Written proposal containing technical data, cost estimates and allocation proposal; example: helps tenants assess owner approval.

FAQ

Who decides on retrofitting an elevator in a WEG building?

The owners' community decides in the owners' meeting by resolution under the WEG; tenants can initiate discussion but do not have a direct vote as tenants.

Can tenants be charged for the elevator retrofit?

Charging tenants is only possible if the resolution, the declaration of division, or statutory rules allow it; often owners bear costs or modernisation rules apply, taking into account rent reduction and information obligations.

What to do if owners do not agree but barrier-free access is required?

Tenants should document the need and seek talks with the administrator; if necessary, legal protection via preliminary injunctions or lawsuits can be considered, especially in cases involving health or equal treatment issues.

How-To

1. Notify the WEG administrator in writing and request an agenda item for the next owners' meeting.
2. Collect evidence of need and benefit (photos, medical certificates, usage figures).
3. Request or draft a resolution proposal with cost estimates and allocation suggestions.
4. Clarify financing: check grants, subsidies or partial apportionments.
5. If decisions are blocked, consider legal steps with expert advice and possible court action at the local court.

Help and Support / Resources

• Bürgerliches Gesetzbuch (BGB) §§535–580a
• Wohnungseigentumsgesetz (WEG)
• Bundesgerichtshof (BGH) – Decisions

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1. [1] Gesetze im Internet – BGB §§535–580a
2. [2] Gesetze im Internet – Wohnungseigentumsgesetz (WEG)
3. [3] Bundesgerichtshof – Entscheidungen
4. [4] Bundesministerium der Justiz und für Verbraucherschutz – Formulare