Window Replacement in Heritage Buildings: Tenants Germany

As a tenant in Germany, a planned window replacement in a protected historic building can raise many questions: who pays the costs, which changes are allowed and which deadlines apply? This checklist explains step by step how you as a tenant can protect your rights, negotiate with the landlord and consider official permits. You will receive clear guidance on cost sharing, documenting defects, setting deadlines and required forms so that modernizations are carried out legally. Examples show how to prepare conversations and which courts and authorities are competent in disputes. The language remains practical and understandable for all tenants.

What tenants need to know

German tenancy law mainly regulates modernizations and tenant obligations in the Civil Code (BGB) §§ 535–580a^[1]. Procedural rules such as eviction claims or actions regarding cost allocation follow the Civil Procedure Code (ZPO)^[2]. Higher court rulings of the Federal Court of Justice (BGH) often clarify specific questions about modernization and cost bearing^[3].

Rights in modernization and window replacement

Tenants are entitled to the maintenance of the dwelling and must be informed about planned modernizations. For historic buildings, the requirements of the monument protection authority must also be observed; alterations are usually permitted only with their consent. Costs may only be passed on to tenants within statutory limits; the exact distribution depends on the scope of modernization.

Practical steps

• Clarify cost sharing (payment): Request a detailed cost breakdown from the landlord.
• Check permits (form): Clarify whether approval from the monument protection authority is required.
• Create documentation (evidence): Photograph current windows, defects and record dates.
• Set deadlines (deadline): Request binding dates and deadlines in writing.
• Examine court options (court): Learn about possible steps at the local court.

Negotiation tips

• Preparation (tip): Note your questions, the desired execution and a list of comparable offers.
• Communication (contact): Conduct discussions in writing or confirm important agreements by e-mail.
• Safety (safety): Pay attention to guarantees about apartment use during works.

FAQ

Who pays for window replacement in protected buildings?

Basically the landlord bears the costs of maintenance, but modernization-related additional costs can, under certain conditions, be passed on proportionally to tenants; exact rules are found in the BGB and in relevant case law^[1][3].

Do I need a permit from the monument protection authority?

Often yes: Changes to protected elements such as windows usually require coordination with the competent monument protection authority. Ask your municipality for the responsible office.

Can the landlord raise the rent because of window replacement?

Only if the measure qualifies as a modernization and the legal requirements are met. Increase, deadlines and calculation must be transparent and in writing.

How-To

1. Review the lease and note any clauses on modernization and access.
2. Contact the monument protection authority to clarify permit requirements.
3. Request written cost estimates and plan documentation (photos, emails).
4. Negotiate with the landlord; propose compromises on cost sharing.
5. Secure deadlines in writing and agree on selectable time windows for the work.
6. In case of dispute: if necessary, file an action at the competent local court and use ZPO rules.

Help and Support / Resources

• Civil Code (BGB) – full text
• Civil Procedure Code (ZPO) – full text
• Federal Court of Justice (BGH) – decisions

1. [1] Bürgerliches Gesetzbuch (BGB) – gesetze-im-internet.de
2. [2] Zivilprozessordnung (ZPO) – gesetze-im-internet.de
3. [3] Bundesgerichtshof (BGH) – bundesgerichtshof.de