Fire protection guide Smoke detector obligation in all federal states

Source: Forum Brandrauchprävention e.V. 

SMOKE DETECTOR MAINTENANCE: WHO IS RESPONSIBLE?

The fact that the state building codes assign the duty to maintain smoke detectors to tenants in nine federal states is of no legal significance. This is because federal law determines the division of responsibilities between landlord and tenant. In the case of maintenance, therefore, tenancy law, which is regulated in the German Civil Code, applies. Accordingly, the landlord is obliged to keep the smoke detectors ready for operation - i.e. to maintain them. However, according to tenancy law, tenants and landlords can reach an individual agreement on installation and maintenance. If the owner uses his living space himself, he must equip the house or flat with smoke detectors and keep them operational.

WHO PAYS FOR THE SMOKE DETECTORS?

It is not clear from the building regulations who bears the costs for the installation of smoke detectors. An owner who uses his living space himself also bears the costs. Anyone who rents out their house or a flat can pass these on to the rent as investment costs on a pro rata basis. The maintenance costs can also be transferred to the tenant as operating costs - if this is contractually regulated.

IN WHICH ROOMS MUST SMOKE ALARMS BE INSTALLED?

In all federal states, landlords and property owners are obliged to install smoke detectors in the following rooms:

• Children's rooms
• Bedrooms
• Apartment corridors that serve as escape routes and escape routes 

In Brandenburg and Berlin, the obligation also applies to workrooms and living rooms. Outside of flats and apartment buildings, only in Baden-Württemberg does another regulation apply: Here, smoke detectors must also be installed in all rooms in which people sleep as intended.