Tenants: Installing an Elevator in Germany

If an elevator is to be retrofitted in a WEG building, tenants are often directly affected: accessibility, noise, cost shares and operation are among the issues that need clarification. In Germany, statutory law, the declaration of division and resolutions of the homeowners' meeting determine when a retrofit is possible and how costs are allocated. As a tenant, you should know your rights regarding access, information and possible rent reductions, how to file objections and which deadlines apply. This practical guide explains in plain language which steps tenants in Germany can take, which official forms are relevant and how to implement a safe, accessible solution in the apartment. Also learn how tenant protections work during modernizations.

What applies when retrofitting an elevator?

An elevator retrofit in a condominium owners' association (WEG) is typically decided by resolutions of the owners' meeting. For tenants, important points are: structural changes affecting common property must be decided by the owners; this results in cost allocation, construction schedules and possible usage restrictions. Legal bases for landlord obligations and tenant rights can be found in the Civil Code (BGB) and WEG law^[1]. In disputes about resolutions or cost participation, the local court (Amtsgericht) is usually competent^[2].

Rights and duties for tenants

As a tenant, you should check and document the following aspects:

• Cost participation: Clarify whether and to what extent modernization costs can be passed on to tenants and whether special assessments are planned.
• Access and construction times: Landlords and contractors sometimes require access; notices and deadlines apply.
• Disruptions and defects: Record noise, dust or restrictions that affect habitability.
• Rent reduction: In case of significant impairment, a rent reduction may be possible; carefully check the requirements.

If you as a tenant are unsure whether a measure is permissible or which costs fall to the owners' association, request access to the resolution and the cost breakdown.

Practical steps for tenants

These steps help you protect your rights and get involved:

• Request written information about the owners' meeting resolution and demand access to the cost breakdown.
• Document all impairments with photos and dates.
• Contact your landlord early and observe deadlines.

Forms and authorities

Important official forms for tenants and court proceedings are available via the justice portals; for example, claim or power-of-attorney forms for proceedings before the local court^[3]. For legal information on statutory rules, the Federal Ministry of Justice is a central contact point.

FAQ

Who pays for a retrofitted elevator?

The cost decision is usually made by the owners' meeting; generally the owners bear the costs, and passing costs on to tenants is only possible in limited cases depending on the lease agreement and the legal situation.

Can I reduce my rent because of construction work?

Yes, in case of significant impairment of living quality a rent reduction may be possible if the landlord does not remedy the situation in time or the impairment is unacceptable.

Who do I contact in case of disputes about costs or resolutions?

In case of disagreements, you can consider legal action and, if necessary, file a claim at the competent local court or seek mediation.

How-To

1. Find out in writing about the owners' meeting resolution and request the cost breakdown.
2. Document impairments with photos and dates.
3. Report defects in writing to the landlord and set an appropriate deadline for remedy.
4. Seek legal advice or mediation if unclear; in case of dispute, you may go to the local court.
5. Review billing and allocations after the measure and request receipts if in doubt.

Key points for tenant protection

• Observe deadlines and respond in writing to announcements and complaints.
• Keep copies of all letters, photos and invoices.

Help and Support / Resources

• BGB §§ 535–580a – Gesetze im Internet
• Justice portal: forms and guidance for civil proceedings
• Federal Court of Justice – case law on tenancy

1. [1] Bürgerliches Gesetzbuch (BGB) – Gesetze im Internet
2. [2] Zuständigkeiten der Gerichte – Justizportal
3. [3] Bundesgerichtshof – Information and decisions