Saxony-Anhalt Commercial Maintenance Obligations: Landlord vs. Tenant

Since the 1 January 1900 effective date of the German Civil Code (Bürgerliches Gesetzbuch - BGB), the allocation of maintenance and repair obligations has been a central pillar of commercial property tenancy in Saxony-Anhalt. While § 535 BGB places initial maintenance responsibility on the landlord, commercial parties have broad freedom to redistribute these obligations contractually, subject to fairness limits under General Terms and Conditions (AGB) law, specifically § 307 BGB.

Legal DisclaimerThis guide provides general legal information. Lease laws can change. Always consult a licensed notary or lawyer in this region.

Default Rule: Landlord Bears Maintenance Costs

Under § 535 Abs. 1 S. 2 BGB, the landlord must maintain the property in a condition fit for the agreed commercial use throughout the tenancy.

Without a contractual reallocation, this includes:

• Structural integrity (roof, foundations, load-bearing walls)
• Waterproofing and weatherproofing
• Mechanical, electrical, and plumbing (MEP) systems
• Heating, ventilation, and air conditioning (HVAC)

Standard Commercial Allocation: "Dach und Fach" Clause

The most common approach in German commercial leases is the Dach und Fach (shell and roof) clause:

• Landlord retains: Structural elements only — roof, load-bearing walls, façade, foundations (Dach und Fach)
• Tenant takes over: Everything inside the demised premises — flooring, internal non-structural walls, ceilings, mechanical/electrical fittings, HVAC within the leased area, internal plumbing, windows (sometimes), roller shutters, and fit-out

This split is broadly considered balanced and generally survives AGB scrutiny under § 307 BGB.

Broader Delegation: Moving Toward Triple-Net Commercial

Landlords in Saxony-Anhalt sometimes attempt to push further — requiring tenants to service, maintain, or even replace technical building systems:

AGB Limit: Federal Court of Justice (BGH) case law holds that clauses requiring tenants to bear the cost of replacing structural elements due to age-related wear — where the tenant bears no responsibility for the deterioration — are void as unfair AGB terms under § 307 BGB. True triple-net agreements that survive scrutiny must be individually negotiated (echte Individualabreden), with clear evidence the tenant received compensation (e.g., a substantially below-market rent) for accepting the risk.

Maintenance during the Tenancy

Tenants who have contractually assumed maintenance duties are generally entitled to handle day-to-day works themselves or commission their preferred contractors.

However, landlords often insert:

• Approval rights for works above a certain cost threshold
• Compliance requirements — maintenance must meet statutory standards and manufacturer specifications (especially for fire systems, pressure vessels, and lifts)
• Record-keeping obligations — the tenant must maintain inspection and service logs demonstrating compliance

Fire Safety and Building Compliance (BauO LSA)

Commercial properties in Saxony-Anhalt are subject to fire protection requirements under the Bauordnung des Landes Sachsen-Anhalt (BauO LSA), particularly § 14, and relevant workplace regulations. Key obligations:

Fire Safety Systems:

• Fire detection systems and alarm systems (not simple domestic smoke detectors) are mandatory in many commercial property types — their installation, servicing, and compliance with DIN standards is typically the landlord's responsibility unless expressly delegated.
• Emergency lighting (Sicherheitsbeleuchtung) and clearly marked means of escape must be maintained.

Change of Use:

• If the tenant's business activities alter the fire risk of the premises (e.g., a storage tenant begins handling flammable materials), the building authority may require additional fire protection works. The lease should specify which party bears these costs if driven by the tenant's specific use rather than general building age.

Statutory Inspections:

• Various building components require statutory periodic inspection (prüfpflichtige Anlagen) — lifts, pressure vessels, fire suppression systems. These are typically the landlord's responsibility; the cost may be passable to the tenant as an operating expense depending on lease structure.

Rent Reduction Rights Commercial

Tenants retain the right to reduce rent proportionately under § 536 BGB if a defect materially impairs the agreed use — even where the tenant has assumed broad maintenance obligations for items within the demised premises.

If the defect is in the landlord's retained area (Dach und Fach), the right to reduce arises immediately. Commercial leases sometimes modify this by requiring the tenant to:

• Provide formal written notice before reducing rent
• Continue paying under protest (Zahlung unter Vorbehalt) while the defect is remedied, rather than withholding

These modifications are generally enforceable in commercial contracts.

How Landager Helps

Disputes about whose obligation it was to maintain a defective element are among the most contentious and expensive in commercial property.

Landager's asset management module lets you record every building element's maintenance ownership, attach the relevant lease clause for each component, and track service history digitally. When a dispute arises, you can instantly produce a complete documented maintenance history — often resolving disagreements without litigation. Back to Saxony-Anhalt Commercial Property Laws OverviewPreview unavailable.