Required Disclosures in Brandenburg, Germany

Governed by the German Civil Code (Bürgerliches Gesetzbuch – BGB), effective since 1 January 1900, landlords in Brandenburg are subject to various federal information and disclosure obligations toward new and existing tenants. Certain documents must be presented before signing the lease, while others are required no later than the move-in date.

1. Energy Performance Certificate (Energieausweis)

According to the German Building Energy Act (GEG), the Energy Performance Certificate (Energieausweis) is the most critical document that must be shown to prospective tenants. It details the building's energy efficiency and anticipated energy costs.

Key Disclosure Rules:

• The Energy Certificate must be presented to prospective tenants unprompted during property viewings.
• A copy (or the original) must be handed over when the lease agreement is signed.
• Certain mandatory information from the certificate (e.g., final energy demand, primary energy source, and year of construction) must be included in any real estate listing (e.g., online property portals or newspaper ads).
• Violations are considered an administrative offense and can be punished with fines of up to €10,000.

There are two types of certificates: Demand-based (Bedarfsausweis) and Consumption-based (Verbrauchsausweis). Which one is required depends primarily on the age and size of the building.

2. Landlord's Confirmation of Residence (Wohnungsgeberbestätigung)

Under § 19 of the Federal Registration Act (Bundesmeldegesetz – BMG), landlords are legally required to cooperate when a tenant moves in or out. Every resident in Germany must register with the local registration office (Einwohnermeldeamt) in their new municipality in Brandenburg (e.g., Potsdam or Cottbus) within two weeks of moving in.

To allow the tenant to register, the landlord must issue a Confirmation of Residence (Wohnungsgeberbestätigung) to the tenant in written or electronic form within two weeks of the move-in date.

Required Contents:

• Name and address of the housing provider (and the owner's name, if different)
• Move-in date
• Address of the apartment
• Names of all individuals moving in who are subject to registration

Failure to provide this certificate can result in a fine of up to €1,000. Issuing a fake certificate for someone not actually residing there (sham registration) can result in heavy fines, potentially up to €50,000.

3. Disclosure of Upcoming Modernization

If landlords plan extensive modernization measures, it significantly impacts the tenancy, especially concerning potential rent increases. Planned modernization works (§ 555c BGB) must be communicated to the tenant in text form (e.g., via email or letter) at least three months before the work begins.

The notice must include:

• The nature and estimated scope of the work
• The anticipated start date and duration
• The exact amount of the expected rent increase and projected future operational costs

Failing to provide proper notice can legally delay the landlord's right to implement the rent increase.

4. Data Protection Information (GDPR / DSGVO)

Landlords and property managers highly process personal data during the rental process (e.g., proof of income, credit checks like Schufa, ID copies). Under the European General Data Protection Regulation (GDPR), prospective and current tenants must be comprehensively informed about this processing.

The privacy policy must transparently state:

• For what specific purpose the data is collected
• The legal basis for processing the data
• How long the data will be stored before deletion
• Whether the data will be shared with third parties (e.g., craftsmen, utility billing companies)

5. Notification of Property Sale

If a rented property is sold, the principle "Sale does not break the lease" (Kauf bricht nicht Miete, § 566 BGB) applies. The new owner steps into the shoes of the previous owner, assuming all rights and obligations of the existing lease.

While there is no legal obligation to disclose an intended sale to the tenant before it happens, the tenant must be promptly informed once the change of ownership has legally occurred (entry into the land register), particularly regarding where to send future rent payments.

How Landager Supports You

Landager helps landlords in Brandenburg ensure legal compliance:

• Automatically generate 'Wohnungsgeberbestätigung' certificates upon tenant move-in.
• Digitally store the Energy Certificate to be securely shared with prospective tenants.
• Provide compliance checklists for property viewings to ensure all legal disclosure obligations are met efficiently.

How Landager Helps

Landager tracks lease terms, local rent caps, and maintenance deadlines - making it easy to stay compliant with Brandenburg regulations. Whether you're managing a single flat in Potsdam or a commercial portfolio in Cottbus, our platform automates the tedious parts of landlord-tenant law.

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