Maintenance Contract

Maintenance Contract - A maintenance contract is an agreement between a property owner and a specialized contractor regarding the regular inspection, upkeep, and preventive maintenance of technical systems in the building. Typical systems include heating systems, elevators, ventilation and air conditioning systems, fire alarm systems, and drinking water systems. Maintenance contracts ensure compliance with legal inspection requirements, extend the service life of the systems, and prevent costly breakdowns.

Typical Maintenance Contracts for Real Estate

The most important maintenance contracts for residential and commercial properties: Heating Maintenance - annual inspection and adjustment of the heating system (cost: approx. 150-300 euros for gas boilers, 200-400 euros for oil-fired heating systems). Elevator maintenance - monthly inspection and lubrication plus annual TÜV inspection (approx. 150-300 euros/month). Ventilation systems - filter replacement, cleaning, and functional testing (every six months to annually). Fire alarm systems - quarterly inspection in accordance with DIN 14675. Drinking water systems - Legionella testing and system maintenance in accordance with the Drinking Water Ordinance (TrinkwV). Photovoltaics - annual inspection and cleaning (approx. 100-200 euros).

In modern buildings with smart home systems or automated building management systems (BMS), digital maintenance contracts are increasingly being added. Remote maintenance services enable real-time monitoring of all technical systems-malfunctions are detected immediately before a failure occurs. For owners of apartment buildings and commercial properties, the combination of on-site maintenance and digital remote monitoring is the gold standard in technical building management.

Contract Terms

A good maintenance contract includes: Scope of Services - a clear list of all inspection and maintenance tasks. Maintenance Interval - how often maintenance is performed (monthly, quarterly, annually). Response Time - how quickly the service provider responds to malfunctions (ideally 24-48 hours). Spare Parts - are wear-and-tear parts included or billed separately? Term and Termination - standard terms are 1-2 years with automatic renewal and a 3-month notice period. Liability - who is liable for damage caused by inadequate maintenance? Compare at least 3 quotes and watch out for hidden costs.

The clause regarding damage documentation is particularly important: A reputable maintenance contract obligates the service provider to record every maintenance visit in writing and document any defects. These records are crucial for insurance claims and interactions with authorities in the event of damage and should be retained permanently. We recommend a retention period of at least 10 years.

Maintenance Contracts and Warranty

For newer systems-such as a newly installed heat pump or photovoltaic system-regular maintenance by a certified specialist company is often a prerequisite for the manufacturer’s warranty. If proof of maintenance is missing, the manufacturer may refuse to honor the warranty in the event of damage. Therefore, read the manufacturer’s documentation carefully and arrange maintenance contracts that meet the specific requirements. We recommend signing the maintenance contract immediately upon installation of the system to ensure complete documentation from the start.

Practical Tip for Homeowners in Nuremberg

We recommend that homeowners in the Nuremberg metropolitan area sign maintenance contracts for all major technical systems and record maintenance appointments in a central calendar. Heating maintenance, in particular, should be performed annually before the heating season (September/October)-in Nuremberg, we recommend scheduling the appointment by July at the latest, as specialized companies are fully booked starting in August. For rented properties, maintenance costs are passable on as operating expenses (heating: § 2 No. 4a BetrKV, elevator: § 2 No. 7 BetrKV). A well-maintained building generates higher rental income, has more satisfied tenants, and incurs lower repair costs.

Anyone looking to sell their property in Nuremberg should also be aware that complete maintenance documentation increases the confidence of potential buyers and reduces price discounts due to technical risks. We recommend keeping all maintenance contracts and inspection reports on hand as part of the sales documentation-especially for commercial properties, this is essential for institutional buyers and due diligence reviews.

Frequently Asked Questions

Are maintenance costs apportionable to the tenant?

Yes, most maintenance costs are passable on as operating costs: heating maintenance (Section 2 No. 4a of the Operating Costs Regulation), elevator maintenance (Section 2 No. 7), chimney sweeping (Section 2 No. 12), and maintenance of smoke detectors, fire extinguishers, and fire alarm systems. Not apportionable are repair costs that go beyond regular maintenance and costs for rectifying defects. The distinction between maintenance (apportionable) and repair (not apportionable) is often disputed in practice-in case of doubt, the maintenance report should distinguish between the two items.

Do I need a maintenance contract for the heating system?

An annual exhaust gas measurement by a chimney sweep is required by law-a separate maintenance contract is not mandatory. However, we strongly recommend it: Maintenance includes cleaning, adjustment, and functional testing of the heating system-this reduces energy consumption by approx. 5-10%, extends the system’s lifespan, and prevents breakdowns in winter. For modern condensing boilers and heat pumps, regular maintenance is also a prerequisite for the manufacturer’s warranty.

Can I cancel the maintenance contract?

Yes, maintenance contracts generally have a standard notice period of 1-3 months prior to the end of the contract term. Unless canceled, they are automatically extended for another year. In the event of a gross breach of duty by the service provider (e.g., repeated missed maintenance appointments, substandard work), you have a right to terminate the contract early. Check the notice period in the contract and set a reminder if you wish to switch providers.

How much does a full maintenance contract for an apartment building cost?

The costs depend on the complexity of the systems and the scope of services. A typical full maintenance contract for an apartment building in Nuremberg with gas heating, an elevator, and smoke detection systems costs 300-800 euros/month, including all inspection services and consumables. For the package including heating maintenance, chimney sweeping, and elevator inspection, you should budget approximately 2,000-4,000 euros annually. Compare at least three quotes and pay close attention to the exact scope of services.

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