Administrative offense

An administrative offense is a legally defined, culpable violation of the law that does not constitute a criminal offense but is punishable by a fine. In the real estate sector, administrative offenses can arise in many areas: in construction and planning law, in tenancy law, in energy law (GEG), and in commercial tenancy law. Unlike criminal offenses, administrative offenses are not recorded in the Federal Central Register, but they can have significant financial consequences and trigger official measures.

Administrative Offenses in Real Estate and Tenancy Law

In the real estate context, property owners encounter administrative offenses primarily in the following areas: errors in the living space specifications in lease agreements (tenant’s right to a rent reduction, not necessarily an administrative offense), missing or incomplete energy performance certificate information in real estate listings (fines of up to 15,000 euros under the Building Energy Act), violations of obligations under the Smoke Detector Ordinance, failure to perform heating maintenance as required by the Building Energy Act, and violations of the Industrial Safety Ordinance regarding elevators. In construction and planning law, illegal structures and changes in use are prosecuted as administrative offenses.

A particularly relevant practical example is the requirement to state the energy efficiency class and energy performance rating in real estate listings. Since the Building Energy Act (GEG) came into effect, providers-i.e., owners and real estate agents-are required to include this information in every sales or rental listing. Failure to do so may result in a fine of up to 15,000 euros. We ensure that all of our clients’ listings contain this mandatory information completely and correctly.

Penalty Ranges and Procedural Flow

Administrative offenses are prosecuted by the competent authority (Building Control Office, Trade Supervisory Authority, City Planning Office, Energy Authority). The range of fines varies considerably depending on the offense: violations of the energy performance certificate display requirement under the GEG can be penalized with fines of up to 15,000 euros; building code violations under the BayBO can result in fines of up to 500,000 euros. The administrative offense proceedings are conducted internally by the authority; the affected party receives a hearing form, may submit comments, and may file an appeal against the fine notice.

After the fine notice is served, the affected party has two weeks to file an appeal. Upon filing the appeal, the case is transferred to the local court, which then decides on the validity of the fine in a formal proceeding. For minor fines, legal representation is often not worthwhile; for higher amounts or fundamental legal issues, it is advisable to consult a specialist attorney.

Prevention: How Property Owners Can Avoid Administrative Offenses

The most important preventive measures for property owners: keep records of regular maintenance for heating, elevators, and fire safety; always provide a current, complete energy performance certificate when selling or renting; make structural changes only after obtaining the necessary permits; prepare operating cost and utility bills accurately and on time. We help property owners keep track of their legal obligations.

Careful preparation pays off, especially when selling a property: Sellers who provide all relevant documents in full-building permits, energy performance certificates, maintenance records, lease agreements-demonstrate transparency and protect themselves against future claims for damages from the buyer due to concealed defects or legal violations.

Practical Tip for Property Owners in Nuremberg and Franconia

In Nuremberg, the relevant authorities (City Planning Office, Trade Inspectorate, Energy Authority) have increased the frequency of their inspections in recent years-particularly regarding energy performance certificate requirements and GEG certifications. Anyone renting or selling a property should ensure that the energy performance certificate is current (no older than 10 years), complete, and accurate. Missing information in listings is the most common cause of administrative proceedings against landlords and real estate agents.

In addition, we recommend that property owners in the metropolitan region contact the Building Authority early on when planning renovations to clarify whether a permit is required. A brief preliminary inquiry takes little time but protects against costly consequences-because an unauthorized structure discovered during a later sale can significantly reduce the purchase price or prevent the sale from closing altogether.

Frequently Asked Questions

As a property owner, can I be held liable for my tenant’s administrative offenses?

Generally, no. Administrative offenses committed by the tenant (e.g., unregistered business operations in residential spaces) primarily affect the tenant. However, as the property owner, you may be held liable if you were aware of the unauthorized use and failed to prevent it.

Do administrative offenses in the real estate sector have a statute of limitations?

Yes. According to § 31 OWiG, the statute of limitations for prosecution ranges from one year (minor violations) to three years (serious violations), depending on the offense. Once the statute of limitations has expired, no further fines can be imposed. However, official orders to remedy an unlawful situation are not subject to this limitation.

What should I do if I have received a notice of a fine?

First, note the deadline for filing an objection (two weeks after service). Then, check whether the allegation is justified. If the legal situation is unclear, we recommend consulting a specialist attorney for construction and real estate law or administrative law.

Do I have to disclose that I committed an administrative offense when selling the property?

That depends on the individual case. Known violations of building regulations (e.g., unauthorized additions) must be disclosed to the buyer-fraudulent concealment can give rise to claims for damages and, in the worst case, invalidate the purchase agreement. We generally recommend complete transparency throughout the sales process.

How high are typical fines for missing energy performance certificate information in listings?

Under Section 108 of the German Energy Performance Certificate Act (GEG), fines for violations of the energy performance certificate requirement in real estate listings can reach up to 15,000 euros per individual case. In practice, authorities often impose fines ranging from 500 to 3,000 euros for first-time violations, with significantly higher amounts for repeat offenses or commercial providers. For real estate agents who regularly list properties, the requirement to include the energy efficiency class, final energy demand or consumption, the primary energy source, and the building’s year of construction in every listing is particularly relevant. In recent years, the Nuremberg and Bavarian trade supervisory authorities have intensified their inspections of portal listings. We ensure that all our marketing materials contain the legally required information completely and correctly-and recommend that owners who advertise on their own also carefully check this before the listing goes online.

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