Saxony-Anhalt Commercial Maintenance Obligations: Landlord vs. Tenant

In commercial property tenancy in Saxony-Anhalt, the allocation of maintenance and repair obligations is one of the most negotiated — and disputed — aspects of a lease. While German law (§ 535 BGB) places initial maintenance responsibility on the landlord, commercial parties have broad freedom to redistribute these obligations contractually, subject to general terms and conditions (AGB) fairness limits.

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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.

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: 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. 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 BauO LSA 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 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 OverviewIl-preview mhux disponibbli.