Tenants: Elevator Retrofit in Germany, Legal Guide

As a tenant in Germany, you may often wonder which rights and obligations apply when an elevator is to be retrofitted in your condominium building (WEG). This text clearly explains who may decide, how costs can be allocated, which deadlines must be observed and which retrofit measures are technically common. I describe practical steps: documenting the need, participating in owners' meetings, forms for applications and possible legal steps up to the local court. The language is simple so that you as a tenant know your position and can decide safely whether and when to agree or consider opposition. Concrete links to official forms and laws are listed at the end.

What applies when owners want to retrofit an elevator?

In the homeowners' association, the owners' meeting usually decides on structural measures; the WEG regulates decision-making competence and majority relations^[2]. As a tenant you are not a decision-maker but you are affected: construction work, access and cost allocation influence your living situation. Before a resolution, technical reports, cost estimates and a clear cost allocation should be available.

• Decision by the owners' meeting: clarify majority relations and resolution content.
• Cost allocation (costs): possible models are special assessments, reserve funds or apportionment.
• Deadlines and schedules (deadline): notice periods, objection periods and execution timelines must be observed.
• Technical requirements for accessibility and coordination with monument protection or building authorities should be checked.

What rights do tenants have?

Tenants have protective rights from the rental contract and the BGB, especially regarding the preservation of usability of the rented property and rent reduction in case of impairments^[1]. Construction work can temporarily reduce living quality; at the same time, modernization must not arbitrarily lead to unreasonable burdens.

• Rent reduction (repair) may be possible if usability is significantly impaired.
• Objection and formal statements (form) should be submitted in writing to the owners' meeting.
• Documentation (evidence) of defects, noise periods and access restrictions should be compiled.
• Judicial review is possible: in case of dispute the local court (Amtsgericht) generally has jurisdiction^[3].

Concrete steps for affected tenants

Practically, a clear structure is sensible: document needs, submit written statements, attend meetings and, if necessary, consider legal action. Collect photos, communication records and medical certificates if accessibility is medically relevant.

• Document the need (evidence): take photos, keep a noise log and note concrete examples.
• Send a written statement (form) to the property manager or administrator in good time.
• Seek contact (support) with tenant associations or accessibility authorities if you need assistance.

Tips for estimating costs and deadlines

Clarify whether a resolution requires a simple or qualified majority and request a written cost plan. Check whether funding or grants are available to reduce the burden.

FAQ

Who pays for a retrofitted elevator?

Costs are allocated by resolution of the owners; common models are special assessments, use of reserves or individual agreements. As a tenant you are indirectly affected, for example by increased ancillary costs.

Can I sue as a tenant over construction works?

Usually only owners can sue directly; as a tenant you can, however, examine claims for injunctions or damages and assert your contractual rights.

Which deadlines are important?

Notice periods for owners' meetings, objection deadlines against resolutions and construction schedules are crucial; missed deadlines can render resolutions contestable.

How-To

1. Document the need: collect photos, noise logs and concrete examples.
2. Submit a formal objection or statement and file it on time (form).
3. Attend the owners' meeting: ask questions and request cost evidence and alternative offers.
4. If disputes cannot be resolved, consider litigation at the local court (court).

Key takeaways

• Early documentation protects your rights as a tenant.
• Participation in meetings gives you influence on resolutions.

Help and Support / Resources

• [1] BGB §§ 535 ff. – Bürgerliches Gesetzbuch (gesetze-im-internet.de)
• [2] WEG §22 – Wohnungseigentumsgesetz (gesetze-im-internet.de)
• [3] Justizportal der Länder – Information on local courts (justiz.de)
• [4] Federal Court of Justice (BGH) – Decisions (bundesgerichtshof.de)

1. [1] Bürgerliches Gesetzbuch (BGB) §§ 535 ff. – gesetze-im-internet.de
2. [2] Wohnungseigentumsgesetz (WEG) §22 – gesetze-im-internet.de
3. [3] Justizportal der Länder – Amtsgerichte und Verfahrensinformationen – justiz.de
4. [4] Bundesgerichtshof (BGH) – Decisions – bundesgerichtshof.de