Tenants: Roof Work & Special Charges in Germany

Tenants in Germany often face special charges after major roof work or technical renovations. Many then ask whether and how costs can be reimbursed, which rights under tenancy law apply, and which deadlines must be observed. This guide explains practically which proofs you should collect, which legal bases matter and what a typical procedure looks like when invoices or allocations are disputed. References to relevant sections of the BGB and the BetrKV help with classification.^[1][2]

What applies to roof work and special charges?

A special charge may arise when owners' associations or landlords decide on major works not covered by ongoing operating costs. Whether a landlord can pass costs to tenants or whether reimbursements are due depends on the lease, the type of work and cost allocation. In case of dispute, the local court (Amtsgericht) is responsible.^[3]

What tenants should check first

• Check decision and invoice: Is there a resolution of the owners' association and is the accounting comprehensible?
• Review cost breakdown: Are individual items clear and are allocations calculated correctly?
• Collect evidence: Secure invoices, payment receipts and meeting minutes.
• Observe forms and deadlines: Meet deadlines for objections or appeals.

Forms and templates (official guidance)

For court steps or formal objections use official civil procedure forms and, if necessary, powers of attorney. Examples:

• Civil complaint form (if you intend to enforce a repayment claim in court).
• Power of attorney for court representation if you authorize a third party (e.g., a lawyer).

Practical checklist: securing evidence

• Take photos before, during and after the works.
• Record witness statements in writing if neighbours can confirm the works.
• Store all emails and letters with dates.

What to do if the landlord refuses reimbursement

• Check deadlines and file objections on time.
• Send a written claim with a deadline and attach evidence.
• If reimbursement is still refused, consider filing a claim at the competent local court.^[3]

Legal basics (compact)

Key basics are found in the BGB on duties and rights in tenancy relationships and in the BetrKV on operating cost accounting. Case law from the BGH can provide orientation when interpreting rules.^[1][2][4]

FAQ

Who pays a special charge?

As a rule, the owners' association bears the cost; passing on to tenants is only possible if the lease or legal rules provide for it.

Can I demand reimbursement?

Yes, if you can prove that costs were wrongly charged to you or the landlord breached contractual duties.

What deadlines apply for objections?

Deadlines may vary; act quickly and use official forms for objections or claims.

How-To

1. Check: gather resolution, invoices and lease agreement.
2. Note deadlines: record objection and payment deadlines.
3. Document: secure photos, witnesses and receipts.
4. Use forms: submit a written objection with evidence (use official forms).^[3]
5. Court step: if necessary, file a claim at the local court.

Help and Support / Resources

• BGB - gesetze-im-internet.de
• BetrKV - gesetze-im-internet.de
• Justizportal Deutschland
• BGH - bundesgerichtshof.de

1. [1] Bürgerliches Gesetzbuch (BGB) - gesetze-im-internet.de
2. [2] Betriebskostenverordnung (BetrKV) - gesetze-im-internet.de
3. [3] Justizportal Deutschland (Formulare & Gerichte) - justiz.de
4. [4] Bundesgerichtshof (BGH) - bundesgerichtshof.de