Thuringia Commercial Landlord Disclosure Requirements

Commercial landlords in Thuringia operate in an environment of greater contractual freedom than residential landlords — and with that freedom comes greater reliance on both parties conducting proper due diligence. That said, certain statutory disclosures remain mandatory under the German Civil Code (Bürgerliches Gesetzbuch – BGB), which originally came into force on 1 January 1900, and the Buildings Energy Act (GEG). Concealing material facts can expose landlords to significant liability.

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 — Non-Residential Buildings

The Buildings Energy Act (GEG) requires commercial landlords to present a valid Energy Performance Certificate (Energieausweis) for non-residential buildings before or at the point of letting.

At the Viewing

The certificate must be proactively shown to prospective tenants at the first viewing — not just on request.

After Signing A copy must be handed over after conclusion of the lease.

Zoned Buildings

Where a building contains both commercial and residential areas, separate certificates may be required for each zone.

Commercial Listings

Online and print property advertisements must include primary data from the certificate: energy demand or consumption value, primary energy source, construction year, and energy efficiency class (§ 87 GEG). Missing data can attract warning letters and fines.

2. Floor Area Accuracy

While German law does not impose a specific mandatory area disclosure requirement equivalent to residential conveyancing rules, overstating the lettable area in a commercial lease creates legal and financial exposure.

If the actual area is more than approximately 10% less than the lease states, courts consistently treat this as a material defect of the property entitling the tenant to:

• Proportional rent reduction for the entire tenancy retroactively
• Repayment of overpaid rent

To manage this risk, landlords should either:

• Measure precisely and state the exact area, or
• Include explicit "approximate area" language making clear the stated figure is indicative only and does not define the rent basis.

3. Pre-Contractual Duty Not to Mislead (§ 241 Abs. 2 BGB)

Even in the absence of a specific statutory disclosure requirement, German contract law imposes a general pre-contractual duty of care (culpa in contrahendo) on both parties. A commercial landlord who is aware of a material fact that would influence the tenant's decision to enter the lease — and that the tenant could not be expected to discover independently — must disclose it.

Examples of potentially material facts:

• Known structural defects (e.g., severe subsidence, non-remediated contamination)
• Planned major construction in the immediate vicinity that the landlord knows will materially affect the business (e.g., years of street closures directly in front of a retail unit)
• Pending zoning changes or regulatory orders affecting the permitted use of the property
• Asbestos or hazardous materials the landlord is aware of

Failure to disclose can entitle the tenant to rescind the lease or claim damages under pre-contractual liability rules.

4. Competition and Anchor Tenant Arrangements

In multi-tenant commercial premises (e.g., a shopping centre or mixed-use complex in Erfurt or Jena), an implied duty of competitive protection may arise even if not expressly agreed. If a landlord lets space to a business and then knowingly lets an adjacent unit to a direct competitor, the first tenant may have a rent reduction claim.

To avoid this, commercial landlords may expressly exclude competitive protection in the lease — but must do so clearly. Similarly, anchor tenant arrangements or exclusivity covenants in favour of certain tenants should be disclosed to incoming tenants who might be affected.

5. Jurisdiction and Legal Action

Unlike residential tenancies where the local court (Amtsgericht) always has jurisdiction, commercial tenancy disputes in Thuringia are subject to standard civil procedure rules based on the amount in dispute (Streitwert):

• Amtsgericht (Local Court): Handles disputes with a value up to €5,000.
• Landgericht (District Court): Handles disputes with a value exceeding €5,000.

In Thuringia, major commercial hubs like Erfurt, Jena, and Gera have dedicated civil chambers at the Landgericht levels to handle complex commercial lease litigation. Claims for pre-contractual liability (§ 241 Abs. 2 BGB) are filed in the court corresponding to the damages sought.

Best Practices

1. Commission an accurate energy certificate before marketing — do not rely on expired or incorrect certificates.
2. Document all pre-contract disclosures in writing — if you disclose something orally, confirm it by email or letter to create an evidence trail.
3. Verify permitted use before letting: If you as landlord are representing that the premises can be used for a specific purpose (restaurant, medical practice, etc.), confirm the applicable planning permissions before signing.

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