Right of access

The right of access is the legal or contractual right of a person or institution to enter another person’s property or building. It is typically used for the maintenance, meter reading, or repair of utility lines (electricity, gas, water, telecommunications), the exercise of easements, or the implementation of measures ordered by public authorities. The right of access exists at the intersection of the property owner’s right to property (Art. 14 GG) and overriding public or private law interests.

Legal Basis for the Right of Access

Rights of access may be based on various legal grounds. Under tenancy law, the landlord has a limited right of entry for repairs and inspections pursuant to § 242 BGB (good faith)-though only with reasonable notice and for a legitimate reason. Utility companies base their right of access on Sections 7 and 8 of the Low-Voltage Connection Ordinance (NAV) or corresponding regulations for gas (NDAV) and water (AVBWasserV).

Government agencies may demand access based on administrative law or specific statutes such as the BImSchG (Federal Immission Control Act) or building code regulations. Building inspectors acting on behalf of the agency have, in certain cases, a right of entry that can be ordered against the owner. All these access rights have in common that they must be exercised proportionately and justified to the owner.

Right of Access in the Case of Easements and Land Registry Entries

A right of access in rem is often secured in the land registry as a limited personal easement or as a real easement. Typical examples include utility easements in favor of utility companies or right-of-way easements that allow a neighbor to cross a property. These rights are binding on the owner, transfer to the purchaser upon sale, and may reduce the market value of the property.

Such encumbrances must be disclosed in the purchase agreement-they appear in Section II of the land register. A registered right of way in favor of a neighboring property can significantly restrict the owner’s freedom of use and should be carefully examined before purchase. Such easements are not uncommon, particularly in older properties within dense urban areas-such as in Nuremberg’s city center.

Right of Access in a Lease Agreement

Landlords do not have a general right of access to tenants’ premises, but only in specific, justified situations: viewings for potential new tenants or buyers (with sufficient advance notice, usually 24 to 48 hours), carrying out repairs and maintenance work, and meter reading appointments. The viewing must take place at reasonable times (not on Sundays or holidays, not too early in the morning or late at night).

In emergencies (e.g., burst water pipes, fire hazard, gas leak), the landlord may demand access even without prior notice or-in the event of immediate danger and if the tenant cannot be reached-even force entry with the help of a locksmith. Entering the premises on one’s own without the tenant’s consent and without an emergency generally constitutes a trespass and may result in criminal and civil liability.

Right of Access for Energy Consultants and Appraisers

When purchasing a rented property or preparing an energy performance certificate, the owner may rely on the right of access for an inspection. The tenant is generally obligated to grant access for legitimate inspections-but must be sufficiently informed and the appointment must be announced in a timely manner. A refusal without a valid reason can, in extreme cases, be considered a breach of duty, entitling the landlord to claims for damages.

Practical Tip for Property Owners in Nuremberg and Franconia

In densely built-up neighborhoods of Nuremberg-such as Gostenhof, St. Johannis, or the Südstadt-old utility lines often run across private properties, secured by easements. Anyone purchasing a property should therefore carefully check the land registry and the site plan for registered easements. For older properties in Nuremberg’s Old Town, historical right-of-way and right-of-passage agreements may also exist that are not immediately apparent on maps.

We assist our clients in identifying hidden encumbrances early on and appropriately factoring them into the purchase price. Registered utility rights and right-of-way rights do not necessarily reduce the property’s value-they can play a minor role if the rights are well-documented. A thorough assessment by the notary and, if necessary, legal counsel helps in making this determination.

Frequently Asked Questions

As the owner, do I have to let the meter reader into the house?

Yes. Based on the NAV (Low-Voltage Connection Ordinance), utility companies have a legal right of access to read and maintain the metering equipment. However, they must give advance notice of the appointment and allow a reasonable amount of time. If you are unable to be present for a valid reason, you can arrange an alternative appointment. This right of access also applies to smart meter installers and representatives of the network operator.

How do I identify registered rights of access when buying real estate?

Registered easements and utility rights are noted in Section II of the land register. Before purchasing, you should always obtain a current land registry extract and review it together with the notary. Additionally, site plans of the registered utility lines can be requested from the real estate office or utility companies-this is particularly recommended for properties with older utility infrastructure (pipes from the pre-war era).

Can my landlord enter the apartment when I’m not home?

Generally, no-without the tenant’s consent, entering the apartment is not permitted, not even for landlords. Exceptions apply only in genuine emergencies (imminent danger to life, limb, or the building’s structure). Otherwise, the landlord is obligated to schedule appointments and enter the apartment in the presence of the tenant or a person authorized by the tenant.

Can I negotiate a right of access into the purchase agreement?

Real rights of access that are registered in the land registry cannot simply be nullified by a clause in the purchase agreement-they are also binding on the purchaser. However, you can negotiate with the registered rights holder (e.g., the utility company) regarding the relocation of utility lines or a change in the route, though this often involves significant costs. Purely contractual access rights (e.g., in the lease agreement), on the other hand, can be freely structured when a new agreement is concluded.

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