Saxony-Anhalt Required Landlord Disclosures: What You Must Provide

Landlords in Saxony-Anhalt face a set of mandatory disclosure and notification obligations primarily under the German Civil Code (Bürgerliches Gesetzbuch – BGB), which originally came into force on 1 January 1900, as well as other federal statutes. Unlike some other jurisdictions, Saxony-Anhalt has not activated the rent brake, which would otherwise require an additional pre-contract disclosure about previous rents (§ 556g BGB). However, several nationwide obligations still apply, and violations can result in heavy fines.

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

1. Energy Performance Certificate (Energieausweis)

This is one of the most frequently overlooked — and fined — obligations. Under the German Building Energy Act (GEG), every landlord who advertises or shows a residential unit must:

At Property Viewings:

• Display or provide the valid energy performance certificate (Energieausweis) — either a consumption-based or demand-based certificate — visibly and immediately, without waiting to be asked.

In Property Listings:

• When advertising in print or online (Immobilienscout, newspaper, etc.), you must include:
• Type of energy certificate (demand- or consumption-based)
• Final energy demand or consumption value (kWh/m²/year)
• Primary energy carrier for heating
• Year of construction
• Energy efficiency class (for buildings permitted or significantly renovated after May 1, 2014)

At Lease Signing:

• A copy (or original) of the valid certificate must be handed over to the new tenant.

Penalty: Non-compliance is an administrative offence punishable by fines of up to €50,000.

2. Wohnungsgeberbestätigung (Landlord's Occupancy Confirmation)

Under § 19 of the Federal Registration Act (Bundesmeldegesetz, BMG), every new tenant must register with the local residents' registration office (Einwohnermeldeamt) within two weeks of moving in. To do so, the tenant needs a written confirmation from the landlord.

Required information in the confirmation (for move-in):

• Name and address of the landlord (Wohnungsgeber) and, if the landlord is not the owner, also the name of the owner.
• Move-in date
• Full address of the property
• Names of all persons moving in

Penalties:

• Landlord refuses or delays: Fine of up to €1,000
• Landlord confirms a fictitious address (enabling a fraudulent registration): Fine of up to €50,000

3. Deposit Transparency

Landlords have a legal obligation to hold the security deposit in a separate, insolvency-proof account, invested at the usual interest rate for savings deposits with a three-month notice period, or another agreed-upon form. The investment must be separate from the landlord's assets, and the proceeds belong to the tenant. If a tenant asks where and under what conditions their deposit is held, the landlord must provide truthful information.

4. No Rent Brake Disclosure Required In states where the rent brake (Mietpreisbremse) applies, landlords must proactively disclose the previous rent and any exemption grounds before the lease is signed (§ 556g BGB). Since Saxony-Anhalt has not activated the rent brake, this pre-contract disclosure obligation does not apply here.

5. Duty to Disclose Material Defects Landlords have a general pre-contractual obligation of good faith (§ 242 BGB). If a landlord is aware of a significant defect that would materially affect the tenant's decision — such as known mold, an impending large-scale construction project next door, or abnormally thin walls — deliberately concealing this may entitle the tenant to:

• Immediate extraordinary termination for fraudulent misrepresentation
• Substantial damages claims

Best Practice: Document all known deficiencies in the lease agreement or in a signed annex. Have the tenant acknowledge receipt in writing.

6. Operating Cost Transparency While not technically a disclosure at signing, landlords who charge operating cost pre-payments (Betriebskostenvorauszahlungen) have an ongoing obligation to reconcile these annually (§ 556 BGB). Tenants have the right to inspect original invoices underpinning the annual reconciliation. Failure to issue a reconciliation within 12 months of the billing period's end forfeits the landlord's right to claim shortfalls.

Compliance Checklist

Before handing over keys to every new tenant, ensure you have:

• Provided the energy performance certificate (Energieausweis)
• Issued the Wohnungsgeberbestätigung (written occupancy confirmation)
• Notified the tenant of the separate deposit account details
• Documented the property condition with a signed handover protocol and photos
• Obtained signatures from all adult tenants on the lease

7. Jurisdiction and Enforcement

For all civil disputes arising from residential lease agreements in Saxony-Anhalt—including those regarding the non-disclosure of defects or the return of security deposits—the local District Court (Amtsgericht) where the property is located has jurisdiction. Administrative fines for violations of the Building Energy Act (GEG) or the Federal Registration Act (BMG) are typically issued by the local regulatory authorities (Ordnungsamt).

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