Required Disclosures for Landlords in Bavaria, Germany

Governed primarily by the Civil Code (BGB), which has been in effect since 1 January 1900, Bavarian landlords face several mandatory disclosure requirements. Failure to comply can result in administrative fines (up to €10,000 for energy violations), civil penalties such as the loss of the right to charge above-market rent, or fines up to €50,000 for registration fraud.

1. Energy Performance Certificate (Gebäudeenergiegesetz - GEG)

The Building Energy Act (Gebäudeenergiegesetz, GEG) requires landlords to provide prospective tenants with energy performance information:

• In listings: Key energy metrics (energy efficiency class, heating type, primary energy source) must appear in all commercial property advertisements
• At viewings: The energy certificate must be presented to prospective tenants during the viewing
• After signing: A copy of the certificate must be provided to the tenant upon lease execution

Penalty: Non-compliance is an administrative offense punishable by fines of up to €10,000 (§ 108 GEG).

2. Rent Cap Disclosure (§ 556g BGB & BayMiSchuV 2026)

In the 208 Bavarian municipalities designated as tight housing markets under the Bavarian Tenant Protection Ordinance (BayMiSchuV) effective Jan 1, 2026, landlords must disclose exceptions to the rent brake in writing before the tenant signs the lease:

Penalty: If disclosure is missing or late, the landlord cannot rely on the exception for two years after the information is eventually provided (§ 556g(1a) BGB). For furnished units, failure to disclose the surcharge results in the unit being treated as unfurnished for rent cap purposes.

3. Landlord Confirmation for Registration (§ 19 BMG)

Under the Federal Registration Act (Bundesmeldegesetz, § 19 BMG), landlords must provide tenants with a written landlord confirmation within two weeks of move-in. This document must include:

• Landlord's name and address
• Tenant's name(s)
• Move-in date
• Property address

Penalty: Failure to comply is an administrative offense with fines up to €1,000 (§ 54 BMG). Providing a 'fake' address for registration is punishable by fines of up to €50,000.

4. Disclosure of Hidden Defects (§ 536d BGB)

Landlords are legally barred from excluding liability for defects they have fraudulently concealed (§ 536d BGB). Tenants may terminate without notice or claim damages if material defects were deliberately hidden. Examples include:

• Known mold issues
• Planned major construction work in the building
• Inadequate electrical capacity
• Structural problems not visible during a standard viewing

Disputes are typically handled by the Local Court (Amtsgericht).

5. Utility Cost Structure (Betriebskosten)

If the landlord intends to charge operating costs (Betriebskosten) in addition to the base net cold rent, this must be explicitly stated in the lease agreement (§ 556 BGB), typically by reference to the Operating Cost Ordinance (Betriebskostenverordnung, BetrKV). Without such a clause, the landlord bears all utility costs. Back to Bavaria Landlord-Tenant Laws OverviewPreview unavailable.

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