Smoke detectors: That comes to tenants and landlords - Economy | Northern Bavaria

Nuremberg- Apartments and residential buildings in Bavaria must be equipped with smoke detectors by December 31st. But what needs to be considered and what rights and obligations do tenants and landlords have? An overview.

What is important when buying smoke alarms?

Smoke alarm devices are European standardized products that comply with DIN EN 14604 "Smoke alarm devices". "Smoke alarm devices that are placed on the market and traded in Germany must bear a CE mark in accordance with DIN EN 14604," explains the Bavarian State Ministry of the Interior for Building and Transport.

In which rooms are smoke detectors mandatory?

"In an apartment, all rooms in which people sleep and corridors that lead to common rooms must each have at least one smoke alarm device (Art. 46 Para. 4 Clause 1 BayBO)", explains the ministry. However, the regulation only applies to hallways in apartments, not hallways or stairwells. Smoke detectors are not required in common rooms such as living rooms, studies or kitchens.

Who has to ensure that a smoke detector is installed, the tenant or the landlord?

"The Bavarian Building Code stipulates that the owner must install the smoke detector. He may pass on eleven percent of the costs and increase the annual rent accordingly," explains Gerhard Frieser, attorney at law, chairman of Haus & Reason in Nuremberg. "However, the tenant is basically responsible for the regular maintenance of the device," he adds.

Can the tenant take care of the installation of a smoke detector himself?

"In principle, the landlord decides whether to install the smoke detectors or whether to let the tenant do it if the tenant agrees. But that should then be regulated in an additional agreement," says Frieser. It is also important to clarify who will bear the costs.

The Landlords take care of the maintenance?

The landlord can take care of the maintenance and pass the costs on to the rent as operating costs. The tenant must accept this.

And what if, for example, a homeowners association decides to take on the installation and maintenance of the smoke detectors?

Then this resolution applies to all members of the community. "Individual homeowners, regardless of whether they rent or not, can usually do nothing about it," explains the expert.

Can the tenant prevent the installation of the smoke detectors?

"No, he has to put up with it," says Frieser. The tenant must also let craftsmen into the apartment. According to a ruling by the Federal Court of Justice, this also applies if smoke detectors have already been installed in the apartment, which the tenant had previously bought at his own expense. "If the tenant still refuses, then in case of doubt a court must clarify the case," explains Nuremberg lawyer Frieser.

Will the insurance pay in the event of a claim despite the lack of a smoke detector?

Building insurance offers homeowners comprehensive financial protection in the event of damage. However, if no smoke detectors are installed in the building, the insurance company may refuse or at least reduce benefits.

Does a tenant also have to accept a wireless smoke detector?

The obligation to tolerate also extends to wireless smoke alarm devices. This was decided by the Federal Constitutional Court (BVerfG, decision of December 8, 2015, case no.: 1 BvR 2921/15). A tenant had assumed, among other things, that his general personal rights had been violated if he had to accept the installation of a wireless smoke detector. After all, the device is not only used for fire protection - after a manipulation, it is also possible to use it to create movement profiles of the people present and to record conversations.

Some citizens even fear that smoke detectors could be equipped with cameras and spy on the home. Is this technically possible at all?

"In principle, everything is technically possible, but that doesn't make any sense and the energy supply would also reach the capacity limit," explains Christian Rahbari, member of the management board of the smoke detector manufacturer Pyrexx.

Does the equipment obligation for these devices also apply in old people's and care facilities, dormitories?

The regulation only applies to special buildings such as old people’s and care facilities, dormitories and other facilities for accommodating people if there are also individual apartments in them.

Are commercially used rooms, such as offices and surgeries in residential buildings, equipped with smoke alarms?

No, because according to the ministry, the installation of smoke alarms in apartments is an effective measure to increase the safety of residents, especially at night, and smoke alarms are therefore not mandatory in surgeries and offices.