Obligation to provide support

The duty of maintenance requires property owners to keep their property in a usable, safe, and proper condition at all times. It encompasses all measures necessary to prevent a building from falling into disrepair-from roof repairs and the maintenance of heating systems to the upkeep of outdoor facilities. If the duty of maintenance is neglected, liability claims may arise or building code violations may result.

Legal Basis of the Duty of Maintenance

The duty of maintenance stems from various legal sources: The German Civil Code (BGB) governs the duty to ensure public safety, under which owners must ensure that their property poses no danger to third parties. In addition, state-specific building codes-in Bavaria, the Bavarian Building Code (BayBO)-as well as municipal statutes apply. For rented properties, the maintenance obligation under tenancy law also applies: Landlords must maintain the rented property in a condition suitable for its contractual use (Section 535 BGB).

The BayBO expressly obligates owners to maintain buildings in such a way that no danger to public safety arises. If defects are identified, the Building Authority may issue orders and-if the owner fails to act-have measures carried out itself at the owner’s expense (substitute performance). This authority is regularly invoked, particularly in the case of vacant buildings or dilapidated properties, as neglected buildings can pose a danger to neighbors and passersby.

Maintenance vs. Modernization

The maintenance obligation covers ongoing upkeep-that is, the rectification of defects and the preservation of the existing standard. This must be distinguished from modernization measures, which increase the property’s utility value or improve the quality of living. For homeowners’ associations in residential complexes, the Condominium Act (WEG) specifies which measures are the responsibility of the association and which are the responsibility of the individual owner. A clear distinction is important because, under certain conditions, modernization costs can be passed on to tenants, whereas maintenance costs must generally be borne by the landlord.

In practice, the line between maintenance and modernization is not always clear-cut. A roof covered with new tiles can be considered both maintenance and energy-efficiency modernization, depending on the materials and insulation used. From a tax perspective, this distinction is significant: Genuine maintenance expenses can be immediately deducted as business expenses in the year they are incurred, whereas acquisition-related construction costs (exceeding 15% of the building’s value within three years of purchase) can only be claimed through depreciation.

Financial Planning and Reserve Fund Accumulation

Based on experience, owners should budget between 1.00 and 1.50 euros per year per square meter of living space as a maintenance reserve-with older buildings requiring a correspondingly higher amount. In the context of the German Condominium Act (WEG), the law has required an adequate maintenance reserve since the 2020 reform. Sound reserve planning prevents necessary repairs from being postponed and damage from escalating unchecked.

A common mistake made by property owners: They do not include the maintenance reserve in their return on investment calculations and thus underestimate the actual costs of maintaining value. A rule of thumb states that, viewed over its entire life cycle, a building incurs maintenance costs on the order of its original value. Anyone who wants to be a successful landlord in the long term treats the reserve as an indispensable part of the profitability calculation.

Practical Tip for Owners in Nuremberg and Franconia

In Nuremberg’s Wilhelminian-style neighborhoods such as Gostenhof or St. Johannis, there are many existing buildings from the late 19th and early 20th centuries. These buildings require special attention regarding moisture protection, roofing, and historic building fabric. We recommend that owners conduct regular inspections-at least once a year-and maintain a maintenance log.

Especially with existing properties, it is worth hiring an expert to conduct a condition analysis before major damage occurs. Defects detected early on (roof leaks, basement moisture, facade cracks) can be repaired at a significantly lower cost than advanced damage that has spread to the load-bearing structure. If there is any uncertainty regarding which measures fall under the maintenance obligation, we, as your local real estate agent, can assist with an assessment or connect you with the appropriate specialist from our network in the metropolitan area.

Frequently Asked Questions

Who bears the costs of maintenance for rented properties?

In principle, the maintenance obligation lies with the landlord. Minor repairs up to a contractually agreed amount (usually €100-150 per individual repair) can be transferred to the tenant via the lease agreement. Larger maintenance measures such as the roof, heating system, or facade are always the landlord’s responsibility and cannot be passed on to the tenant.

What happens if the maintenance obligation is violated?

If a property is clearly neglected and this creates hazards-such as due to dilapidated structural components-the building authority may order enforcement measures. In the case of significant defects, tenants may reduce the rent or claim damages. If third parties are harmed, civil liability claims may arise. In extreme cases, the building authority may prohibit the use of a building or order its demolition.

Does the maintenance obligation also apply to undeveloped properties?

Yes, there is also a duty to ensure public safety for undeveloped properties-such as the obligation to inspect trees for damage, secure sidewalk areas, or control vegetation. The specific requirements depend on the location and use of the property. In Nuremberg, for example, municipal ordinances regulate the duty to spread grit in winter and the duty to keep sewer lines clear.

Maintenance Obligations and Energy Efficiency Modernization Requirements

In addition to the general maintenance obligation to preserve value, owners are increasingly subject to statutory energy efficiency modernization requirements. The Building Energy Act (GEG), for example, stipulates that when a building changes hands, boilers that no longer comply with regulations must be replaced within two years. Anyone who purchases a building in which an old oil or gas boiler with constant-temperature control from before 1991 is still in operation is obligated to retrofit it-regardless of the private-law maintenance obligation.

For owners in the Nuremberg metropolitan region, this means: The maintenance obligation now encompasses not only the preservation of the building’s structural value but also minimum energy efficiency standards. Anyone who owns an existing building should regularly check which GEG requirements apply-especially in the event of a change of ownership, change of use, or comprehensive renovations. The energy consulting services offered by the Federal Office of Economics and Export Control (BAFA) and regional energy agencies such as the Erlangen Energy and Environment Center provide free or subsidized initial consultations and help align the renovation roadmap with legal obligations.

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