Housing supervision

  • Service description

    If the usability of a living space is significantly impaired due to neglected maintenance measures, the municipality can order the owner to make up for these measures.

    In the case of intolerable living conditions, it may be demanded that the structural condition of flats or living spaces be changed accordingly. This applies in particular to a lack of electric lighting, a lack of cooking facilities, insufficient water supply and inadequate sanitary facilities. Furthermore, unacceptable living conditions exist in the case of obviously inadequate heat or sound insulation, insufficient room height (less than 2 metres) and insufficient floor space (no living area of at least 9 square metres in the flat). Adequate daylight and sufficient air supply must be ensured, as must the protection of walls, ceilings or floors against permanent moisture penetration or infestation by fungi or animal pests.

    If the defects are obviously so serious that there is a risk of damage to the health of the occupants and the elimination of the defects cannot be demanded, the flats or living spaces must be declared uninhabitable.
     

  • Which documents are required?

    Rental agreement

  • What fees are incurred?

    There are no fees.

  • Legal basis

  • What else should I know?

    Violations of the housing supervisory regulations can be punished as administrative offences with a fine of up to EUR 25,000.00.

  • Remarks

    Tenants have claims to the restoration of the usability of the flat and to the rectification of defects in accordance with Section 535 (1) BGB and to a rent reduction in accordance with Section 536 BGB, which can be enforced under civil law - i.e. not by an authority. You can obtain advice on this from a lawyer or a tenants' association.

  • Typing

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