Finding and hiring a property manager
What is the difference between condominium association management, rental property management and unit management for individual condo owners?
Condominium association management (WEG-Verwaltung) looks after the common property of a condominium owners’ association (Eigentümergemeinschaft). Rental property management (Mietverwaltung) and unit management for individual condo owners (Sondereigentumsverwaltung, SEV), by contrast, look after your rented property or your individual condominium unit in relation to the tenant.
WEG management works for the community of unit owners (Gemeinschaft der Wohnungseigentümer). It calls the owners’ meeting (Eigentümerversammlung), prepares the annual budget (Wirtschaftsplan) and the annual statement (Jahresabrechnung), and organizes the upkeep of the roof, facade or heating system. Rental property management looks after an entire rental building for the owner: rent collection, the utility and service charge statement (Betriebskostenabrechnung), tenant contact and repairs. Unit management for individual condo owners is rental management for a single rented condominium unit and is contracted separately from the WEG manager. Many owners in the Bavarian Oberland combine both so that the statement for the monthly owners’ contribution (Hausgeld) and the utility and service charge statement match up cleanly.
Legal basis§ 18 Abs. 1 WEG§ 24 Abs. 1 WEG§ 28 WEG§ 34c Abs. 1 Satz 1 Nr. 4 GewO
WEG management →Rental property management →Institutional property management →
How much does a property manager cost?
That depends on the property and the scope of services you want. That is why we usually prepare a quote only after an initial consultation and a site visit.
Key factors are the number of units, the building’s year of construction and condition, upcoming renovations and the building’s technical systems, such as an elevator, underground parking garage or central heating plant. The state of the existing records also plays a role. On top of that comes which services you want, for example the number of meetings or the supervision of larger construction projects. Make sure a quote clearly separates basic services from additional services. That way you can compare quotes from different managers fairly.
Book an initial consultation →Switch property manager →WEG management →
What license does a property manager need?
Anyone who commercially manages condominium properties (WEG) or residential tenancies for third parties needs a license as a residential property manager (Wohnimmobilienverwalter) under § 34c GewO (German Trade Regulation Act, Gewerbeordnung). Requirements include reliability, orderly financial circumstances and professional liability insurance.
The license is denied if the applicant is not reliable, is in disorderly financial circumstances or cannot provide proof of professional liability insurance. In addition, there is a continuing education requirement of 20 hours within three calendar years. It applies to the manager and to the employees who are directly involved in the management work. The manager must collect and keep the proof of this training. Feel free to ask your manager about their license and insurance.
Legal basis§ 34c Abs. 1 Satz 1 Nr. 4 GewO§ 34c Abs. 2 GewO§ 34c Abs. 2a GewO§ 15b MaBV
What is a certified property manager, and am I entitled to one?
A certified property manager (zertifizierter Verwalter) has passed an examination on legal, commercial and technical knowledge before a Chamber of Industry and Commerce (IHK), or is treated as equivalent by law. Since December 1, 2023, every unit owner can, as a rule, demand that the owners’ association (Gemeinschaft) appoint a certified property manager.
Treated as equivalent are persons qualified to hold judicial office (Befähigung zum Richteramt, i.e., fully qualified lawyers), people with the vocational qualifications Immobilienkaufleute or Kaufleute in der Grundstücks- und Wohnungswirtschaft (real estate professionals), Geprüfte Immobilienfachwirte (certified real estate specialists) and persons with a university degree focused on real estate. A management company may call itself certified if its employees who are directly entrusted with WEG management have this qualification. An exception applies only if all three of the following are true: there are fewer than nine separately owned units (Sondereigentumsrechte), one of the owners is the manager, and less than one third of the owners demand a certified manager. The transitional rule for managers who were already in office on December 1, 2020, expired on June 1, 2024. Today, therefore, only actual certification or equivalent status counts.
Legal basis§ 19 Abs. 2 Nr. 6 WEG§ 26a WEG§ 48 Abs. 4 WEG§ 7 ZertVerwV§ 8 ZertVerwV§ 18 Abs. 2 Nr. 1 WEG
Do you also manage small properties?
Yes, we also consider inquiries for small condominium owners’ associations (Eigentümergemeinschaften) and individual rented apartments. Whether we take on a property is something we clarify in the initial consultation.
In the Bavarian Oberland there are many small associations with only a few apartments, for example in Oberammergau, Farchant or Bad Kohlgrub. They, too, need a proper annual statement (Jahresabrechnung), an owners’ meeting (Eigentümerversammlung) and a maintenance reserve (Erhaltungsrücklage). With fewer than nine separately owned units (Sondereigentumsrechte), an owner can serve as manager even without certification, as long as less than one third of the owners demand a certified manager. Many small associations nevertheless choose professional management to avoid disputes and liability risks. Get in touch – we will gladly take a look at your building.
Legal basis§ 19 Abs. 2 Nr. 4 WEG§ 19 Abs. 2 Nr. 6 WEG§ 26a WEG
Book an initial consultation →Property management in Oberammergau →WEG management →
How can I reach you, and how quickly do you respond?
You can reach us by phone at [phone number], by email at [email address] and at our office in Oberammergau. Our office hours are [office hours].
For emergencies outside office hours, such as a burst water pipe, a heating failure or storm damage, please use [emergency number]. We handle all other matters according to urgency. It is best to email us with the property address, apartment number and photos. That way we can quickly match your request to the right property. We are happy to arrange on-site appointments by agreement.
Book an initial consultation →Property management in Oberammergau →
Why isn’t the property manager on site all the time?
A property manager looks after many properties and organizes the management mainly from the office. Work in the building is done by caretakers, tradespeople and service providers whom the manager hires and coordinates.
The core tasks include bookkeeping, the annual budget (Wirtschaftsplan), the annual statement (Jahresabrechnung), meetings, quotes and contracts. This work happens at a desk. Property walk-throughs as needed are part of the job; constant presence is not. Ongoing checks, winter services and small repairs are handled by the caretaker service (Hausmeisterdienst). In the Werdenfelser Land, a reliable snow clearing and gritting service in winter matters more than a visit from the manager. So please report damage directly to us so that we can arrange what is needed.
Legal basis§ 27 Abs. 1 WEG
How many quotes does the manager have to obtain before carrying out work?
There is no fixed number. In March 2026, the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that owners are not generally required to obtain several competing quotes before maintenance measures (Erhaltungsmaßnahmen).
What matters is whether the information is sufficient for a reasonable, economically minded owner. That depends on the type, scope and urgency of the measure. Advice from an architect or expert may also be enough. A single well-known and proven tradesperson, or a lack of local alternatives, can likewise justify not obtaining further quotes. Many associations in the Bavarian Oberland know this from experience. However, a resolution can be open to challenge if the chosen quote is objectively unsuitable or overpriced. For major renovations, competing quotes often still make sense. Back in 2025, the BGH had already ruled that the association does not have to obtain competing quotes before hiring a lawyer.
Legal basis§ 18 Abs. 2 WEG§ 19 Abs. 1 WEG§ 19 Abs. 2 Nr. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of March 27, 2026, case no. V ZR 7/25BGH (Federal Court of Justice), judgment of July 18, 2025, case no. V ZR 76/24
What can the manager decide alone?
The manager may take measures of proper management (ordnungsmäßige Verwaltung) alone if they are of minor importance and do not lead to significant obligations. The manager may also act where this is necessary to meet a deadline or avert a disadvantage.
What counts as minor depends on the size and financial strength of the association. A repair is often uncritical in a large complex, but perhaps not in a building with four apartments. In an emergency such as a burst pipe, the manager acts immediately. The owners can extend or restrict the manager’s powers by resolution, for example with a value limit per contract. Such a clear rule creates certainty for everyone. Larger measures are decided by the owners’ meeting (Eigentümerversammlung).
Legal basis§ 27 Abs. 1 WEG§ 27 Abs. 2 WEG
Who represents the owners’ association externally?
The manager represents the community of unit owners (Gemeinschaft der Wohnungseigentümer) in and out of court. For a real estate purchase agreement or a loan agreement, however, the manager needs a resolution of the owners.
A restriction of the manager’s power of representation (Vertretungsmacht) has no effect vis-à-vis third parties. Contractors and banks may therefore rely on the manager’s representation. Internally, however, the manager must still abide by resolutions and the limits of their powers. Toward the manager personally, the association is represented by the chair of the advisory board (Verwaltungsbeirat) or by an owner authorized by resolution. If there is no manager, all owners represent the association jointly.
Legal basis§ 9b Abs. 1 WEG§ 9b Abs. 2 WEG
How long does a property management contract run?
Appointment (Bestellung) as manager is limited to a maximum of five years. For the first appointment after the condominium ownership has been established, the maximum is three years.
The management contract (Verwaltervertrag) is usually concluded for the term of the appointment. Reappointment is permitted. It requires a new resolution, which the owners can pass no earlier than one year before the term expires. Regardless of the term, the owners can remove (abberufen) the manager at any time. The management contract then ends no later than six months after the removal. These rules are mandatory. The shorter term for new buildings protects buyers from being bound for a long time to a manager chosen by the developer (Bauträger).
Legal basis§ 26 Abs. 2 WEG§ 26 Abs. 3 WEG§ 26 Abs. 5 WEG
WEG management →First-time management →Switch property manager →
Switching property managers
When can we remove our property manager?
At any time. Since December 1, 2020, owners no longer need good cause (wichtiger Grund) to remove (abberufen) the manager.
The removal is decided by the owners’ meeting (Eigentümerversammlung) by a majority of the votes cast. The item must be designated as an agenda item in the meeting notice. The management contract (Verwaltervertrag) ends no later than six months after the removal. Clauses that restrict this right are not permitted. If possible, plan the switch around the financial year (Wirtschaftsjahr); that makes the handover easier.
Legal basis§ 26 Abs. 1 WEG§ 26 Abs. 3 WEG§ 26 Abs. 5 WEG§ 25 Abs. 1 WEG§ 23 Abs. 2 WEG
What happens to the management contract after the manager is removed?
The office ends with the removal (Abberufung). The management contract (Verwaltervertrag) ends no later than six months afterward, even if it would otherwise run longer.
Removal concerns the office, that is, the position as the association’s manager. The contract primarily governs services and compensation. If the contract ends earlier under its term or notice period, the earlier date applies. Until the contract ends, the former manager may under certain circumstances still claim compensation, even if they are no longer active. How much this claim amounts to depends on the contract and the individual case. If in doubt, have the contract reviewed before the resolution.
Legal basis§ 26 Abs. 3 Satz 2 WEG
Do we need competing quotes before appointing a new manager?
Under the existing case law of the Federal Court of Justice (Bundesgerichtshof, BGH), alternative offers from other managers must, as a rule, be obtained before a new manager is appointed. When the current manager is reappointed, they are generally not necessary.
The owners should be able to compare the services and prices of different managers. The offers should therefore be available in good time before the meeting. The advisory board (Verwaltungsbeirat) often handles the pre-selection and invites candidates to present themselves. In March 2026, the BGH abandoned the rigid obligation to obtain competing quotes for maintenance measures (Erhaltungsmaßnahmen). It has not yet expressly decided whether this also applies to the election of a manager. You are on the safe side if you continue to obtain several offers when switching managers.
Legal basis§ 26 Abs. 1 WEG§ 18 Abs. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of April 1, 2011, case no. V ZR 96/10BGH (Federal Court of Justice), judgment of March 27, 2026, case no. V ZR 7/25
Does the former manager have to hand over all records?
Yes. After their term ends, the former manager must hand over to the association all management records and everything they obtained on the association’s behalf.
This includes the collection of resolutions (Beschluss-Sammlung), meeting minutes (Niederschriften), statements, receipts, contracts, plans, keys and bank account records. The former manager must also render an account of their activities. The new manager receives the records on behalf of the association and checks them for completeness. A written handover report (Übergabeprotokoll) helps prove any gaps later on. If the former manager does not hand them over, the association can enforce its claim in court if necessary.
Legal basis§ 667 BGB§ 666 BGB§ 675 Abs. 1 BGB§ 24 Abs. 7 WEG§ 9b Abs. 1 WEG
What happens to the bank accounts and the maintenance reserve when managers change?
The money belongs to the association, not to the manager. On a switch, the authority to operate the accounts passes to the new manager, or the former manager transfers the balance to an account of the association.
The simplest option is an account held in the name of the community of unit owners (Gemeinschaft der Wohnungseigentümer). Then only the authorized representative changes at the bank. The new manager usually proves their appointment to the bank with the minutes (Niederschrift) of the appointment resolution. If an authority requires a publicly certified document, such as the land registry (Grundbuchamt), the signatures on the minutes must be certified. The former manager must account for income, expenses and the status of the maintenance reserve (Erhaltungsrücklage). The asset report (Vermögensbericht) shows the status of the reserves and the association’s main assets. When switching, reconcile the account balances with the records.
Legal basis§ 9a Abs. 1 WEG§ 9a Abs. 3 WEG§ 26 Abs. 4 WEG§ 28 Abs. 4 WEG§ 667 BGB§ 666 BGB
Who prepares the annual statement if the manager changes during the year?
According to the Federal Court of Justice (Bundesgerichtshof, BGH), responsibility lies with the manager who is in office when the obligation to prepare the statement arises. What matters, then, is who is the manager at the end of the calendar year.
If the former manager leaves during the year, the new manager prepares the annual statement (Jahresabrechnung) for that entire year. To do so, they work with the records handed over. If the former manager leaves only after year-end, they generally still owe the statement for the past year. This applies even if the statement was not yet due when they left. If the term ends exactly at the turn of the year, responsibility has not been clearly settled. Different arrangements are possible. Record this point in writing at the handover.
Legal basis§ 28 Abs. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of February 16, 2018, case no. V ZR 89/17
Does it make sense to switch managers in the middle of the financial year?
A switch is possible at any time. It is usually easier at the turn of the year, though, because the bookkeeping can then be separated cleanly.
With a switch on January 1, the new manager starts with a new financial year (Wirtschaftsjahr). Who then owes the annual statement (Jahresabrechnung) for the past year has not been clearly settled. So address this explicitly in the resolution or in the management contract (Verwaltervertrag). With a switch during the year, the new manager takes over the previous manager’s bookkeeping entries, checks them and prepares the statement for the entire year. That takes time and often leads to follow-up questions. Reasons such as missing statements or a manager who cannot be reached nevertheless justify a quick switch. We will discuss the right timing with your advisory board (Beirat).
Legal basis§ 26 Abs. 3 WEG§ 28 Abs. 1 WEG§ 28 Abs. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of February 16, 2018, case no. V ZR 89/17
Can an individual owner demand the removal of the manager?
An individual owner cannot decide on the removal alone. They can, however, demand that the association be properly managed (ordnungsmäßige Verwaltung) and enforce this claim in court if necessary.
If keeping the manager is incompatible with proper management, for example in the case of serious breaches of duty, an owner can file an action asking the court to substitute a resolution (Beschlussersetzungsklage). Before doing so, the owner must have moved for the removal at the owners’ meeting (Eigentümerversammlung) so that the owners can deal with it. The hurdles are high. More than one quarter of the owners can demand a meeting in text form (Textform), stating the purpose and reasons. If the manager refuses in breach of duty, the chair of the advisory board (Beirat), the chair’s deputy or an owner authorized by resolution may call the meeting. It is best to talk to the advisory board and the other owners first.
Legal basis§ 18 Abs. 2 WEG§ 44 Abs. 1 Satz 2 WEG§ 24 Abs. 2 WEG§ 24 Abs. 3 WEG
Case lawBGH (Federal Court of Justice), judgment of January 15, 2010, case no. V ZR 114/09
Can we terminate the management contract without notice for good cause?
Yes, if there is good cause (wichtiger Grund), the association can terminate the management contract (Verwaltervertrag) without notice. This matters above all if the contract should not end only six months after the removal.
Good cause exists if continuing the contract cannot reasonably be expected of the association. Examples can include embezzled or commingled funds, or statements that are persistently not provided. For termination without notice, the German Civil Code (BGB) provides a deadline of two weeks from knowledge of the relevant facts. When this deadline begins for an owners’ association is difficult to assess in the individual case. So act promptly and seek legal advice. The owners decide on the termination by resolution. It is declared to the manager by the chair of the advisory board (Verwaltungsbeirat) or by an owner authorized by resolution.
Legal basis§ 626 BGB§ 26 Abs. 3 WEG§ 9b Abs. 2 WEG§ 19 Abs. 1 WEG
Can the manager simply resign from office?
As a rule, a manager can resign from office (Amtsniederlegung). Whether this also allows them to end the contract, or whether they owe damages, depends on the management contract (Verwaltervertrag).
Resignation ends the position as manager. The contract exists separately and ends only in accordance with its own terms or for good cause. If a manager resigns without cause at an inopportune time, they may be liable to the association for damages. Even afterward, they must hand over all records and render an account. Without a manager, all owners represent the association jointly, and the chair of the advisory board (Verwaltungsbeirat) can call a meeting. The association should therefore appoint a new manager promptly.
Legal basis§ 9b Abs. 1 Satz 2 WEG§ 24 Abs. 3 WEG§ 626 BGB§ 667 BGB§ 666 BGB
Owners’ meetings and resolutions
How often is the owners’ meeting held?
The manager must call the owners’ meeting (Eigentümerversammlung) at least once a year.
This is required by § 24 Abs. 1 WEG. An additional meeting is required if more than one quarter of the owners request it in text form (Textform), stating the purpose and reasons. Your community rules (Gemeinschaftsordnung) may also provide for further cases. If there is no manager, or the manager refuses in breach of duty, the chair of the advisory board (Verwaltungsbeirat), the chair’s deputy or an owner authorized by resolution may send the invitation.
What notice period and form apply to the invitation?
The invitation is sent in text form (Textform). The notice period should be at least three weeks, except in cases of particular urgency.
Text form means a readable declaration on a durable medium, for example a letter, a PDF or an email. The sender must be identifiable, but a signature is not required. The invitation must describe each item to be decided in such a way that you know what is being voted on. Otherwise, a resolution on it can be challenged (anfechtbar). The three-week period is a recommended standard rather than a strict requirement (Soll-Vorschrift). If it is not met, a resolution may be open to challenge.
Legal basis§ 24 Abs. 4 WEG§ 23 Abs. 2 WEG§ 126b BGB§ 23 Abs. 4 WEG
Why is the meeting often held late in the year?
The owners’ meeting (Eigentümerversammlung) usually decides on the annual statement (Jahresabrechnung) for the previous year. This can only be available after year-end and after review by the advisory board (Beirat).
After the end of the calendar year, the manager prepares the annual statement and the asset report (Vermögensbericht). This requires all invoices, bank statements and often the heating cost statement (Heizkostenabrechnung) from a metering service (Messdienst). After that, the advisory board should review the statement and the annual budget (Wirtschaftsplan) and give its opinion. Only then is the invitation sent out, with at least three weeks’ notice. The law does not set a fixed month for the meeting. You can see when we plan your meeting under [Dates].
Legal basis§ 24 Abs. 1 WEG§ 28 Abs. 2 WEG§ 28 Abs. 4 WEG§ 29 Abs. 2 WEG
Do I have to attend the owners’ meeting?
No, there is no obligation to attend. However, the resolutions (Beschlüsse) also apply to you if you are absent.
A resolution is valid until a court declares it invalid with final effect (rechtskräftig). This applies regardless of whether you were present. If you cannot attend, grant a proxy (Vollmacht) in text form (Textform). Afterward, you will find the resolutions in the minutes (Niederschrift) and in the collection of resolutions (Beschluss-Sammlung). Check them promptly, because the deadline for challenging a resolution (Anfechtungsfrist) runs from the day of the meeting.
Legal basis§ 23 Abs. 4 WEG§ 25 Abs. 3 WEG§ 45 WEG
How do I grant a proxy, and who may represent me?
The proxy (Vollmacht) must be in text form (Textform), for example as a form, a PDF or an email. Your community rules (Gemeinschaftsordnung) may restrict whom you can authorize.
The law itself does not limit the group of possible representatives. However, many community rules only allow certain persons, for example spouses, other owners or the manager. Such clauses are generally permissible, because owners may make agreements that deviate from the law. So read your community rules before the meeting. It is best to give your representative specific instructions on individual agenda items.
Legal basis§ 25 Abs. 3 WEG§ 10 Abs. 1 Satz 2 WEG§ 126b BGB
Case lawBGH (Federal Court of Justice), decision of November 11, 1986, case no. V ZB 1/86
How do I get my own topic onto the agenda?
Send your request to the manager in text form (Textform) in good time. The manager will include it if dealing with it is consistent with proper management (ordnungsmäßige Verwaltung).
Ideally, draft a specific proposed resolution with a brief justification. Send it early enough for the manager to take it into account before the invitations go out. A resolution on a topic that is not listed in the invitation can be challenged (anfechtbar). If more than one quarter of the owners demand a meeting in text form, stating the purpose and reasons, the manager must call one. We will let you know the deadline for submitting requests under [agenda deadline].
Legal basis§ 18 Abs. 2 WEG§ 23 Abs. 2 WEG§ 24 Abs. 2 WEG§ 23 Abs. 4 WEG
When does the meeting have a quorum?
Since the reform of the German Condominium Act (WEG, Wohnungseigentumsgesetz) on December 1, 2020, there is no longer a statutory minimum quorum (Beschlussfähigkeit). It no longer matters how many owners are present or represented.
Previously, a meeting only had a quorum if those present represented more than half of the co-ownership shares (Miteigentumsanteile). Otherwise, a second meeting was necessary. This rule is no longer in the law. However, some older community rules (Gemeinschaftsordnung) still contain their own rules on quorum. Whether such clauses still apply depends on their wording. Have this checked for your property on a case-by-case basis.
What majority does a resolution need, and how are votes counted?
As a rule, a majority of the votes cast is sufficient. By law, each owner has one vote, regardless of how many units they own.
This one-owner-one-vote principle (Kopfprinzip) applies unless your community rules (Gemeinschaftsordnung) provide otherwise. They often provide for voting rights by co-ownership shares (Miteigentumsanteile) or by units. If a unit belongs to several persons, they can only vote uniformly. A resolution on virtual meetings requires three quarters of the votes cast. For structural alterations (bauliche Veränderungen), all owners bear the costs in certain cases, including when more than two thirds of the votes cast and half of all co-ownership shares have approved them. An owner may not vote when the matter concerns a legal transaction with them or a lawsuit against them.
Legal basis§ 25 Abs. 1 WEG§ 25 Abs. 2 WEG§ 25 Abs. 4 WEG§ 23 Abs. 1a WEG§ 21 Abs. 2 WEG§ 10 Abs. 1 Satz 2 WEG
Can I attend an in-person meeting online?
Yes, if the owners have resolved to allow it. The meeting then takes place on site, and you can also participate electronically.
A majority resolution is sufficient for this hybrid meeting (hybride Versammlung). The resolution specifies which rights you may exercise online, for example only listening or also speaking and voting. The in-person meeting remains in place. Anyone who wishes can therefore still attend in person. You will find out which technology we use with the invitation.
Legal basis§ 23 Abs. 1 Satz 2 WEG§ 25 Abs. 1 WEG
Is a purely online meeting allowed?
Yes, since October 2024. The owners must resolve this with at least three quarters of the votes cast, and for a maximum of three years.
The virtual meeting (virtuelle Versammlung) must be comparable to an in-person meeting in terms of participation and the exercise of rights. So everyone must be able to participate, speak and vote securely. If the resolution is passed before January 1, 2028, at least one in-person meeting per year must nevertheless take place up to and including 2028. The association can waive this only by unanimous resolution. However, a violation of this in-person requirement does not make the resolutions passed virtually void or open to challenge. Once the time limit expires, a new resolution is required.
Legal basis§ 23 Abs. 1a WEG§ 48 Abs. 6 WEG
What is a circular resolution?
A resolution passed without a meeting (Umlaufbeschluss). It is valid if all owners consent in text form (Textform).
Even a single missing consent prevents the resolution. However, the owners can resolve that a majority of the votes cast is sufficient for an individual matter. A majority is then enough in the circular procedure for exactly that topic. The wording of the law does not cover a general authorization for all future topics. Circular resolutions are suitable for urgent, clearly defined questions, such as awarding a contract once quotes are in.
Legal basis§ 23 Abs. 3 WEG§ 126b BGB
How do I challenge a resolution?
You file an action to challenge the resolution (Anfechtungsklage) with the local court (Amtsgericht) in whose district the property is located. The action must be filed within one month of the resolution being passed, and the grounds must be submitted within two months.
The action is directed against the community of unit owners (Gemeinschaft der Wohnungseigentümer), not against individual owners or the manager. Both deadlines run from the day the resolution was passed, not from receipt of the minutes. The manager must inform the owners without delay that an action has been filed. The judgment is binding for and against all owners. Because the deadlines are short, seek advice from a lawyer early on.
Legal basis§ 44 Abs. 1 WEG§ 44 Abs. 2 WEG§ 44 Abs. 3 WEG§ 45 WEG§ 43 Abs. 2 Nr. 4 WEG§ 23 Nr. 2 Buchst. c GVG
When is a resolution void?
A resolution is void (nichtig) if it violates a legal provision that cannot be validly waived. It is then invalid from the outset, even without a challenge.
A typical example is a resolution passed without the authority to decide the matter (Beschlusskompetenz), for example when an agreement is to be amended by majority vote although the community rules (Gemeinschaftsordnung) do not permit this. All other defective resolutions remain valid until a court declares them invalid with final effect. You can have the nullity established with an action for a declaration of nullity (Nichtigkeitsklage). For this action, the law sets no deadline as it does for a challenge. If in doubt, you should nevertheless act within the deadline for challenging a resolution (Anfechtungsfrist).
Legal basis§ 23 Abs. 4 WEG§ 44 Abs. 1 WEG§ 45 WEG§ 10 Abs. 1 Satz 2 WEG
What is the difference between the minutes and the register of resolutions?
The minutes (Niederschrift) record the resolutions passed at one specific meeting. The register of resolutions (Beschluss-Sammlung) is a running, consecutively numbered collection of all resolutions and all court rulings on resolutions.
The minutes must be prepared without undue delay. They are signed by the chair of the meeting, one owner and, if the association has one, the chair of the advisory board (Verwaltungsbeirat) or their deputy. The register of resolutions is kept by the property manager (Verwalter). It contains only the wording of the resolutions with place and date, plus the operative parts of court judgments from WEG proceedings. Resolutions that have been challenged in court or set aside are noted. You, or a person you authorize, can ask to inspect it, for example a prospective buyer before a purchase.
Legal basis§ 24 Abs. 6 WEG§ 24 Abs. 7 WEG§ 24 Abs. 8 WEG§ 43 WEG
Can I inspect the association’s management records?
Yes. Every owner can require the condominium owners’ association (WEG) to let them inspect its management records (Verwaltungsunterlagen).
These include, for example, the association’s invoices, contracts, bank statements and correspondence. The claim is against the association itself; in practice, the property manager arranges the inspection. Make an appointment at our office in Oberammergau or ask about digital access via [Contact]. Ideally, tell us in advance which documents you would like to see.
Legal basis§ 18 Abs. 4 WEG
Advisory board
Does every WEG need an advisory board?
No. The owners can appoint an advisory board (Verwaltungsbeirat) by resolution, but they are not required to.
An advisory board is especially useful in larger properties. It is the property manager’s point of contact and reviews the annual statement and the annual budget (Wirtschaftsplan) before the owners’ meeting. By law, the board members are elected from among the unit owners. Whether other people can also become members depends on your association’s community rules (Gemeinschaftsordnung).
Legal basis§ 29 Abs. 1 WEG§ 10 Abs. 1 Satz 2 WEG
What are the advisory board’s duties and rights?
The advisory board (Verwaltungsbeirat) supports and oversees the property manager. It is supposed to review the annual budget (Wirtschaftsplan) and the annual statement (Jahresabrechnung) before the owners vote on them and to add a written opinion.
This opinion helps the owners make their decision at the meeting. The chair of the advisory board or their deputy co-signs the minutes. If there is no property manager, or the manager refuses in breach of duty, the chair or deputy can also call the owners’ meeting. The chair represents the association in dealings with the property manager. The advisory board has no right of its own to give instructions to the property manager; the owners decide such matters by resolution.
Legal basis§ 29 Abs. 2 WEG§ 24 Abs. 3 WEG§ 24 Abs. 6 WEG§ 9b Abs. 2 WEG§ 28 Abs. 1 und 2 WEG
Who represents the association in dealings with the property manager?
The chair of the advisory board (Verwaltungsbeirat). Alternatively, an owner authorized to do so by resolution can take on this role.
This covers, for example, signing the property management contract (Verwaltervertrag) or giving notice to terminate it. The owners decide on appointing and removing the manager and on the content of the contract. The chair then carries out these resolutions in dealings with the manager. If there is no advisory board, the owners’ meeting should expressly authorize one owner.
Legal basis§ 9b Abs. 2 WEG§ 26 Abs. 1 WEG
Is the advisory board liable for mistakes?
Advisory board (Verwaltungsbeirat) members who serve without pay are liable only for intent and gross negligence. They are not liable for ordinary (slight) negligence.
This limitation applies only if the members serve without pay. If they receive compensation, the general standard of liability applies. Many associations additionally take out financial loss liability insurance (Vermögensschadenhaftpflichtversicherung, similar to D&O coverage) for the advisory board. The owners decide on this by resolution.
Legal basis§ 29 Abs. 3 WEG
How many members does an advisory board have?
Since the reform that took effect on December 1, 2020, the law no longer prescribes a fixed number for the advisory board (Verwaltungsbeirat). The owners set its size by resolution.
Previously, the advisory board had exactly three members. Today, a single member is also possible. If the board has several members, a chair and a deputy must be designated. An odd number makes decisions within the board easier. If your community rules (Gemeinschaftsordnung) specify a fixed number, that agreement applies.
Legal basis§ 29 Abs. 1 WEG§ 10 Abs. 1 Satz 2 WEG
Does the advisory board receive compensation or reimbursement of expenses?
The advisory board (Verwaltungsbeirat) usually works on a volunteer basis. The owners can resolve to reimburse expenses or to pay compensation.
Typical expenses are travel or postage costs. Please note: members who receive compensation lose the limitation of liability to intent and gross negligence. It is not clearly settled whether even a small flat allowance counts as compensation. The type and amount of any payment should therefore be clearly set out in a resolution.
Legal basis§ 29 Abs. 3 WEG
How does the advisory board prepare its review of the accounts and receipts?
Arrange a review date with the property manager. Ask for the annual statement (Jahresabrechnung), the annual budget (Wirtschaftsplan), the asset report (Vermögensbericht), bank statements and receipts to be made available in advance.
First, compare the year-end account balances with the asset report and the reserve. Then check samples: large items, unusual amounts and new service providers. Check whether costs were allocated using the correct allocation key and whether resolutions were carried out. Write down your questions and have the property manager answer them. Record the result in a written opinion for the owners’ meeting. You can find our review guide under [Guides].
Legal basis§ 29 Abs. 2 WEG§ 28 Abs. 1 WEG§ 28 Abs. 2 WEG§ 28 Abs. 4 WEG§ 18 Abs. 4 WEG
Hausgeld, annual statement and reserve
What is Hausgeld and what does it include?
The monthly owners’ contribution (Hausgeld) is the advance payment, usually monthly, that every unit owner makes to the condominium owners’ association. It covers the ongoing costs of the common property and the contributions to the maintenance reserve (Erhaltungsrücklage).
The amount is decided by the owners’ meeting on the basis of the annual budget (Wirtschaftsplan). Typical items are the property manager’s fee, building insurance, caretaker, winter snow and ice clearing, electricity for common areas, water, trash collection and often heating costs. In the Oberland, winter service for snow and ice is often a noticeable cost. As a rule, it does not include property tax (Grundsteuer) or the costs of your own unit (Sondereigentum), which you pay yourself. As a landlord, you can pass on only part of the Hausgeld to tenants as operating costs (Betriebskosten).
Legal basis§ 16 Abs. 2 WEG§ 19 Abs. 2 Nr. 4 und 5 WEG§ 28 Abs. 1 WEG§ 28 Abs. 3 WEG§ 556 Abs. 1 BGB
What is the Wirtschaftsplan?
The annual budget (Wirtschaftsplan) is the association’s cost plan for one calendar year. It is the basis for the resolution on your Hausgeld advance payments.
The property manager draws it up and lists the expected income and expenses. The owners do not vote on every figure, only on the advance payments toward costs and reserves. The advisory board (Verwaltungsbeirat) is supposed to review the plan before the vote and give its opinion. A good plan takes foreseeable price increases into account, for example for energy or insurance. This helps you avoid large additional payments the following year.
Legal basis§ 28 Abs. 1 WEG§ 29 Abs. 2 WEG
What do the owners vote on when it comes to the annual statement?
The owners vote only on the additional payments or on the adjustment of the advance payments. This is the balance between your actual costs and the Hausgeld you have already paid.
The property manager prepares the annual statement (Jahresabrechnung) as a statement of account against the annual budget (Wirtschaftsplan). It also shows the income and expenses for the year. Errors in the overall statement therefore do not automatically make the resolution invalid. What matters most is whether the amount you have to pay or will get back is correct. The advisory board is supposed to review the statement before the vote.
Legal basis§ 28 Abs. 2 WEG§ 29 Abs. 2 WEG
When must the annual statement be available?
The law does not set a fixed deadline for the annual statement (Jahresabrechnung). It only requires the statement after the calendar year has ended.
The prevailing view in case law and legal commentary is that the statement must be available within a reasonable time, usually in the first months of the following year. Around the middle of the following year is often cited as a guideline. However, this is not a rigid limit, and special circumstances can justify more time. Often the property management contract or the declaration of division (Teilungserklärung) sets a specific date. With us: [Date per management contract].
Legal basis§ 28 Abs. 2 WEG
What is in the asset report?
The asset report (Vermögensbericht) shows the status of the reserves and the association’s main assets. The property manager must prepare it after each calendar year and make it available to every owner.
The owners do not vote on the asset report. It is for your information. It typically includes information on the maintenance reserve (Erhaltungsrücklage), bank balances, outstanding receivables such as unpaid Hausgeld, and liabilities. For prospective buyers, it is an important document for assessing an association’s financial situation.
Legal basis§ 28 Abs. 4 WEG
How large must the maintenance reserve be?
The law requires an adequate maintenance reserve (Erhaltungsrücklage) but does not specify a fixed amount. The owners decide the amount.
Since the 2020 WEG reform, the former term Instandhaltungsrücklage has been replaced by Erhaltungsrücklage. What is adequate depends on the age, condition and features of the building. Foreseeable work on the roof, façade, heating system, windows or elevator is decisive. In the Oberland, you should plan for strain from snow, frost and heavy rain. A reserve that is too low often leads to special assessments later.
Legal basis§ 19 Abs. 2 Nr. 4 WEG§ 28 Abs. 1 WEG
When is a special assessment permitted, and who pays when a unit is sold?
A special assessment (Sonderumlage) is permitted if the association needs additional money and the owners vote for it. As a rule, whoever owns the unit when the assessment becomes due must pay it.
Typical reasons are unexpected repairs or a reserve that is too low. Legally, a special assessment is an additional advance payment that the owners vote on. The resolution should set the total amount, how it is allocated and when it is due. When a unit is sold, what counts in relation to the association is who owns it at the time the payment falls due, not the date of the resolution. Any arrangement between buyer and seller belongs in the purchase contract.
Legal basis§ 28 Abs. 1 und 3 WEG§ 16 Abs. 2 WEG
Can the allocation of costs be changed by resolution?
Yes. For individual costs or certain types of costs, the owners can resolve on an allocation that differs from the one provided for by law or by the declaration of division (Teilungserklärung).
Unless otherwise provided, costs are allocated according to co-ownership shares (Miteigentumsanteile). In 2024, the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that such a resolution may also completely relieve individual owners of costs or charge them for the first time. The new allocation key must be reasonable and must not unfairly disadvantage anyone. In the case decided, the maintenance costs of stacked parking systems could be charged solely to the owners of those parking units. In a second case, one owner had to pay alone for replacing the roof windows in their apartment. Separate rules apply to structural alterations.
Legal basis§ 16 Abs. 1 S. 2 WEG§ 16 Abs. 2 S. 2 WEG§ 16 Abs. 3 WEG
Case lawBGH (Federal Court of Justice), judgment of March 22, 2024, V ZR 81/23BGH (Federal Court of Justice), judgment of March 22, 2024, V ZR 87/23
What happens if an owner does not pay their Hausgeld?
The association sends reminders about the arrears of the monthly owners’ contribution (Hausgeld) and can sue for them. With an enforceable title (Titel), it can enforce the claim, up to a forced sale of the unit at auction (Zwangsversteigerung).
The usual sequence is first a payment reminder and a formal reminder, then a court order for payment procedure (Mahnverfahren) or a lawsuit. In a forced sale at auction, Hausgeld claims take priority over the banks. This priority applies to current amounts and arrears from the year of the attachment (Beschlagnahme) and the two years before. It is limited to a maximum of 5 percent of the officially set market value. Acting early therefore protects the other owners.
Legal basis§ 28 Abs. 1 bis 3 WEG§ 9a Abs. 1 WEG§ 10 Abs. 1 Nr. 2 ZVG
My annual statement shows a large additional payment. What can I do?
First, check your individual statement (Einzelabrechnung) and compare the costs and allocation keys with the previous year. If you have questions, you can inspect the receipts.
Common causes are higher energy prices, a one-time repair or advance payments that were set too low. Contact us or the advisory board before the owners’ meeting so that any unclear points can be clarified there. If you believe the resolution is wrong, you can challenge it at the local court (Amtsgericht) within one month after the vote. You must file the grounds for your lawsuit within two months. If you cannot pay the amount all at once, ask about an installment agreement. Whether this is possible is decided by [responsible body].
Legal basis§ 28 Abs. 2 WEG§ 18 Abs. 4 WEG§ 45 WEG§ 44 Abs. 1 WEG
Can I deduct costs from the annual statement on my taxes?
Yes, owner-occupiers can claim household-related services and tradesperson services under § 35a EStG (German Income Tax Act). Many property managers list these amounts separately in the annual statement (Jahresabrechnung) or in a separate certificate.
Only labor costs qualify, not materials. The law grants a tax reduction of 20 percent of the expenses, capped depending on the type of service. Typical items are the caretaker, stairwell cleaning, winter snow and ice clearing, and tradesperson work on the common property. Tenants can also claim the reduction through their utility and service charge statement (Betriebskostenabrechnung), as the Federal Fiscal Court (Bundesfinanzhof, BFH) ruled in 2023. For rented-out apartments, § 35a does not apply to the landlord, because there the costs are deductible as expenses against rental income (Werbungskosten). Please clarify the details with your tax advisor.
Legal basis§ 35a Abs. 2, 3 und 5 EStG
Case lawBFH (Federal Fiscal Court), judgment of April 20, 2023, VI R 24/20
As an owner, can I inspect the receipts?
Yes. Every unit owner can require inspection of the management records (Verwaltungsunterlagen), including invoices, contracts and bank statements.
The claim is against the association and is fulfilled by the property manager. You do not need any particular reason. It is best to make an appointment so that the documents you want are ready. In addition, the advisory board (Verwaltungsbeirat) reviews the statement before the owners vote on it. How we arrange inspection on site in Oberammergau or digitally: [Document inspection procedure].
Legal basis§ 18 Abs. 4 WEG§ 29 Abs. 2 WEG
Structural alterations and common property
What is part of my own unit and what is common property?
Separate ownership (Sondereigentum) covers your apartment and the building components inside it that can be changed without affecting other owners or the building’s external appearance. Everything needed for the building’s structural integrity and safety remains common property (Gemeinschaftseigentum).
Common property includes, for example, the roof, façade, load-bearing walls, stairwell and central supply lines. According to the Federal Court of Justice (Bundesgerichtshof, BGH), apartment entrance doors are necessarily common property. Windows, as part of the building envelope, are as a rule also common property. For balconies, the interior space is often separate ownership, while the slab, railing and waterproofing are common property. The declaration of division (Teilungserklärung) can regulate costs and obligations for such components differently. So always check your declaration of division.
Legal basis§ 5 Abs. 1 bis 3 WEG
Case lawBGH (Federal Court of Justice), judgment of October 25, 2013, V ZR 212/12
Who pays for repairs in a condominium?
Repairs to the common property (Gemeinschaftseigentum) are generally paid for by the association, allocated according to co-ownership shares (Miteigentumsanteile), unless otherwise provided. You pay for repairs to your own unit (Sondereigentum) yourself.
The association must properly maintain the common property and decides on the measures to be taken. The declaration of division (Teilungserklärung) or a resolution can assign certain costs to individual owners, for example for windows or balconies. So in individual cases, the allocation may differ from what you expect. Clarify responsibility with the property manager before commissioning any work.
Legal basis§ 16 Abs. 2 WEG§ 18 Abs. 1 WEG§ 19 Abs. 2 Nr. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of March 22, 2024, V ZR 81/23BGH (Federal Court of Justice), judgment of March 22, 2024, V ZR 87/23
How do I apply for a structural alteration?
Submit a written request to the property manager so that it is put on the agenda of the owners’ meeting. The owners decide by resolution whether to permit the structural alteration (bauliche Veränderung).
A structural alteration is anything that goes beyond merely maintaining the common property. Describe the measure precisely and enclose plans, photos or a quote. If the measure does not affect anyone beyond the unavoidable extent, you can also demand permission. Alterations that fundamentally transform the property or unfairly disadvantage an owner without their consent are not permitted. Do not start work until the resolution has been passed.
Legal basis§ 20 Abs. 1, 3 und 4 WEG
Which structural alterations am I entitled to demand?
You can demand reasonable measures for accessibility, charging electric vehicles, burglary protection, connection to high-speed internet, and plug-in solar devices (balcony solar systems). The association then only decides how the measure is carried out. These are known as privileged measures (privilegierte Maßnahmen).
The law expressly names these five purposes. Plug-in solar devices were added in October 2024. The owners decide on how the work is done, for example the specialist company, the cable route or the location. As a rule, you as the applicant bear the costs. Tenants have a similar claim against their landlord, but without the fiber-optic connection. The claim does not apply if the measure cannot reasonably be expected of the landlord.
Legal basis§ 20 Abs. 2 WEG§ 21 Abs. 1 WEG§ 554 BGB
Who bears the costs of a structural alteration?
Whoever obtains permission for a structural alteration (bauliche Veränderung) or demands it generally pays for it alone. All owners pay if the measure was approved by a qualified majority or pays for itself within a reasonable time.
A qualified majority means more than two-thirds of the votes cast and half of all co-ownership shares (Miteigentumsanteile). This does not apply if the costs are disproportionate. In all other cases, only the owners who voted in favor pay, and only they get the benefit. Anyone who wants to use it later can demand to do so in return for reasonable compensation. The owners can resolve on a different allocation, but cannot impose costs on anyone not involved.
Legal basis§ 21 Abs. 1 bis 5 WEG
Can I install a wall box (EV charger) in the underground garage?
Yes, you have a legal right to a reasonable charging facility. The condominium owners’ association (WEG) decides by resolution how the installation is carried out.
Submit a request with details on the parking space, charging capacity and cable route. The association can specify, for example, the specialist company, load management and fire protection. As a rule, you bear the costs of installation and operation. If several owners are planning wall boxes, a shared basic installation often makes more sense. Tenants need their landlord’s permission. They are usually entitled to it unless the measure cannot reasonably be expected of the landlord.
Can I install a balcony solar system on my condominium?
Yes, since October 2024 plug-in solar devices (Balkonkraftwerk / Steckersolargerät) have been among the privileged measures (privilegierte Maßnahmen). However, you still need a resolution of the owners on how it is installed.
If the system is reasonable, the association can no longer refuse the installation as such, but it can set requirements on location, mounting and appearance. So submit a request to the property manager beforehand. Make sure the mounting is secure, especially given foehn windstorms and snow loads in the Oberland. You bear the costs yourself. Tenants have a similar claim against their landlord, provided the system can reasonably be expected of the landlord. On a listed historic building (Baudenkmal), a permit under historic preservation law may also be required.
Legal basis§ 20 Abs. 2 Nr. 5 WEG§ 21 Abs. 1 WEG§ 554 BGBArt. 6 Abs. 1 BayDSchG
Can I install an awning or an air conditioner?
Both are usually a structural alteration (bauliche Veränderung) and require a resolution of the owners. If the measure does not affect anyone beyond the unavoidable extent, you can demand permission.
In July 2026, the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that an owner can, in principle, demand permission to install a split air conditioner if no other owner is affected beyond the unavoidable extent. Even a professionally made opening in the façade does not automatically rule this out. Expected operating noise does not generally stand in the way of the claim, but later disturbances can be stopped. For awnings, appearance and a uniform design are usually what matters. In historic ensembles and on listed buildings (Baudenkmäler), a historic preservation permit may also be required.
Legal basis§ 20 Abs. 1 und 3 WEG§ 21 Abs. 1 WEG§ 44 Abs. 1 Satz 2 WEGArt. 6 Abs. 1 BayDSchG
Case lawBGH (Federal Court of Justice), judgment of July 17, 2026, V ZR 162/25
Can I hire a tradesperson myself for work on the common property?
As a rule, no. The association decides on work on the common property (Gemeinschaftseigentum). Only when damage is imminent may you take emergency measures yourself.
One example of an emergency measure is a burst water pipe on the weekend. In any case, inform the property manager immediately; the manager may also take urgent measures itself. Anyone who commissions work on their own without an emergency risks having to bear the costs themselves. According to case law, this applies even if you mistakenly believed you were responsible. Our emergency number: [Emergency number].
Legal basis§ 18 Abs. 3 WEG§ 27 Abs. 1 Nr. 2 WEG
Case lawBGH (Federal Court of Justice), judgment of June 14, 2019, V ZR 254/17
I have damaged common property. What do I need to do?
Report the damage to the property manager immediately and secure the area if there is a risk. Anyone who culpably causes damage to the common property (Gemeinschaftseigentum) generally has to pay for it.
Take photos and write down the date and what happened. Notify your personal liability insurance and check whether it will cover the damage. Do not commission the repair yourself, except in an acute emergency. The association decides on the repair and asserts the claim for compensation. Tenants should also contact their landlord.
Legal basis§ 14 Abs. 1 WEG§ 18 Abs. 3 WEG§ 9a Abs. 2 WEG§ 280 Abs. 1 BGB§ 823 Abs. 1 BGB
What insurance does a condominium owners’ association need?
Proper management includes building insurance at replacement value (Neuwert) and property owner’s liability insurance (Haus- und Grundbesitzerhaftpflicht). Natural hazards insurance (Elementarschadenversicherung) is not currently required by law, but in the Oberland it should be seriously considered.
Building insurance usually covers fire, water from pipes, storm and hail. Damage from flooding, heavy rain, snow load or avalanches is covered only with a natural hazards add-on. Along the Loisach, Isar and Ammer rivers, the flood risk is real. Mandatory natural hazards insurance is being discussed politically but has not been enacted so far. Other useful policies can include financial loss liability insurance for the advisory board and water pollution liability insurance (Gewässerschadenhaftpflicht) where there are oil tanks.
Legal basis§ 19 Abs. 2 Nr. 3 WEG
What rules apply under historic preservation law, for example for painted houses in Oberammergau?
Anyone who wants to alter a listed historic building (Baudenkmal) generally needs a permit under historic preservation law (denkmalrechtliche Erlaubnis). If your house is a listed building, this also applies to façades with Lüftlmalerei (traditional Bavarian façade painting), windows and roofs.
A permit is also required for structures near a listed building if they can affect its appearance. In a protected ensemble (Ensemble), such as a historic town center, you need a permit if the change affects an individual listed building or the appearance of the ensemble. The law lists some cases that do not require a permit, for example certain work near a listed building that does not change the color scheme. If the measure requires a building permit, no separate preservation permit is needed. Historic preservation is then reviewed as part of the building permit procedure. Clarify measures early with the lower historic preservation authority (Untere Denkmalschutzbehörde) at the district office (Landratsamt). In a WEG, a resolution of the owners is also required.
Legal basisArt. 6 Abs. 1, 3 und 5 BayDSchG§ 20 Abs. 1 WEG
Property management in Oberammergau →WEG management →Property valuation →
Heating, energy and building systems
How are heating and hot water costs allocated?
At least 50 and at most 70 percent of the costs are allocated according to measured consumption. The rest is allocated by living or usable floor area; for heating costs, allocation by enclosed building volume (umbauter Raum) is also possible.
This is set out in § 7 Abs. 1 HeizkostenV (German Heating Costs Ordinance) for heating and § 8 Abs. 1 HeizkostenV for hot water. Within this range, the building owner sets the allocation key; in a WEG, the association does. For heating costs, a fixed ratio of 70 percent by consumption applies in buildings with oil or gas heating that do not meet the 1994 Thermal Insulation Ordinance (Wärmeschutzverordnung) and whose exposed pipes are predominantly insulated. Exceptions to consumption metering exist only in special cases under § 11 HeizkostenV, for example where the heating demand is below 15 kWh per square meter per year.
Legal basis§ 7 Abs. 1 HeizkostenV§ 8 Abs. 1 HeizkostenV§ 11 Abs. 1 HeizkostenV
Do heat cost allocators (Heizkostenverteiler) and heat meters (Wärmezähler) have to be remotely readable by the end of 2026?
Yes. Devices that cannot be read remotely must be retrofitted or replaced by December 31, 2026.
This is set out in § 5 Abs. 3 HeizkostenV (the German Heating Costs Ordinance, Heizkostenverordnung). Remotely readable (fernablesbar) means that no one needs to enter your apartment anymore to take readings. Newly installed devices have had to be remotely readable since December 1, 2021; since December 1, 2022, they must also be connectable to a smart meter gateway and compatible with devices from other manufacturers. An exception applies only if, in the individual case, the conversion is technically impossible or would involve unreasonable expense or undue hardship (unbillige Härte). If the retrofit is missing, tenants may reduce their share of the heating costs by 3 percent (§ 12 Abs. 1 HeizkostenV). Contact us if you would like to check the status in your building.
Legal basis§ 5 Abs. 2 HeizkostenV§ 5 Abs. 3 HeizkostenV§ 5 Abs. 5 HeizkostenV§ 12 Abs. 1 HeizkostenV
Why do I receive consumption information every month?
If remotely readable meters are installed, the building owner has been required since 2022 to tell you your consumption every month (consumption information, Verbrauchsinformation).
This obligation follows from § 6a HeizkostenV (the Heating Costs Ordinance, Heizkostenverordnung). The information states your consumption in the previous month in kilowatt-hours. It compares it with the month before, the same month of the previous year and an average user. The notice usually comes from the metering service (Messdienst) via app, portal or email. This helps you notice early on whether your consumption is rising.
When may I reduce my heating costs?
If costs are not billed based on consumption, contrary to the Heating Costs Ordinance (Heizkostenverordnung), tenants may reduce their share by 15 percent. If the required remotely readable devices or the required consumption information are missing, the reduction is 3 percent in each case.
This right to reduce (Kürzungsrecht) is governed by § 12 Abs. 1 HeizkostenV. The 3 percent applies if, contrary to § 5 Abs. 2 or 3, no remotely readable equipment has been installed. The same applies if the information under § 6a is not provided or not provided in full. There is a further right to reduce by 3 percent if the landlord does not show the CO2 cost share (§ 7 Abs. 4 CO2KostAufG, the Carbon Dioxide Cost Allocation Act). These reduction rights do not apply between an individual condominium owner and the condominium owners’ association (WEG).
Who pays the CO2 costs of heating?
In residential buildings, landlords and tenants split the CO2 costs according to a tiered model (Stufenmodell). The worse the building, the more the landlord pays.
Each year, the landlord determines the CO2 emissions per square meter of living space (§ 5 CO2KostAufG, the Carbon Dioxide Cost Allocation Act, Kohlendioxidkostenaufteilungsgesetz). The table in the annex to the act ranges from a 0 percent landlord share below 12 kg to 95 percent at 52 kg of CO2 or more per square meter per year. In a condominium owners’ association (WEG), the association first distributes the heating costs, including the CO2 costs, among all owners. Owners who rent out their unit then deduct their share in the statement to the tenant and show the classification and the calculation (§ 7 Abs. 3 CO2KostAufG). The figures needed for this are usually included in the heating cost statement (Heizkostenabrechnung) from the metering service.
Legal basis§ 5 CO2KostAufG§ 7 Abs. 1 und 3 CO2KostAufGAnlage (zu den §§ 5 bis 7) CO2KostAufG
Does the 65 percent rule still apply when replacing a heating system?
No. With the Building Modernization Act (Gebäudemodernisierungsgesetz, GModG), the 65 percent requirement was abolished on July 29, 2026. However, new gas, oil or liquefied petroleum gas (LPG) heating systems must gradually use climate-friendly fuels from 2029.
Since July 29, 2026, the Building Energy Act (Gebäudeenergiegesetz) has been called the Building Modernization Act (Gebäudemodernisierungsgesetz, GModG). The former 65 percent rule in § 71 no longer exists. When replacing the heating system in an existing building, you can choose under § 42 GModG between gas, oil, a heat pump, biomass, district heating and other solutions. Anyone who installs a gas, oil or LPG heating system in an existing building after July 29, 2026 must, under § 43 GModG, generate at least 10 percent of the heat from biomethane, bio-oil, biogenic LPG or hydrogen from 2029, 15 percent from 2030, 30 percent from 2035 and 60 percent from 2040. A solar installation or a heat pump hybrid system can fully or partially meet this requirement. In rented apartments with such a system, landlords and tenants split certain additional costs equally from 2028 and 2029 (§ 5a CO2KostAufG). Get advice before you decide, including on subsidies and follow-up costs.
Legal basis§ 42 GModG§ 43 Abs. 1, 3 und 5 GModG§ 5a CO2KostAufG
What does municipal heat planning mean for our building?
Municipal heat planning (kommunale Wärmeplanung) shows where, for example, a heating network could be built in the future. For municipalities with up to 100,000 residents, which includes all towns in the Oberland, the heat plan must be completed by June 30, 2028.
The deadlines are set out in § 4 Abs. 2 of the Heat Planning Act (Wärmeplanungsgesetz). For municipalities with more than 100,000 residents, the deadline was June 30, 2026. For municipalities with fewer than 10,000 residents, the federal states (Länder) may provide for a simplified procedure and joint planning by several municipalities. The heat plan does not directly oblige you to replace your heating system. Since the 65 percent rule was abolished in the Building Modernization Act (Gebäudemodernisierungsgesetz), no heating requirement is tied to the heat plan anymore either. However, it is an important basis for your decision, for example whether it is worth waiting for a district heating connection. Your municipality can tell you about the current status.
Legal basis§ 4 Abs. 2 und 3 WPG§ 22 WPG
When do I need an energy performance certificate (Energieausweis)?
When you sell, rent out, lease (Verpachtung) or lease under a leasing arrangement. You must present it at the latest during the viewing and hand it over after the contract is signed.
This is governed by § 80 Abs. 3 to 5 GModG (the Building Modernization Act, Gebäudemodernisierungsgesetz), which until July 28, 2026 was the Building Energy Act (Gebäudeenergiegesetz, GEG) with the same numbering. You can also present it by posting it clearly visible during the viewing. If there is no viewing, you must present the certificate without undue delay. Until December 31, 2026, residential buildings with fewer than five apartments whose building permit application was filed before November 1, 1977 usually require a demand-based certificate (Bedarfsausweis). New rules apply from January 1, 2027: the requirement then also applies when a lease is extended, and the special rule for buildings from before 1977 no longer applies. If an energy performance certificate exists, the property listing itself must already contain mandatory information from it (§ 87 GModG).
Legal basis§ 80 Abs. 3 GModG§ 80 Abs. 4 GModG§ 80 Abs. 5 GModG§ 87 GModGArt. 2 Nr. 32 G v. 23.07.2026 (BGBl. 2026 I Nr. 226)
Sell your property →Rent out your apartment →Real estate agent in Oberammergau →
Who has to install and maintain smoke detectors in Bavaria?
The owner must install the smoke detectors (Rauchwarnmelder). The person in direct possession (unmittelbarer Besitzer) is responsible for keeping them in working order; in rented apartments, that is the tenant, unless the owner takes this on themselves.
This is set out in Art. 46 Abs. 4 BayBO (the Bavarian Building Code, Bayerische Bauordnung). Detectors are required in bedrooms, children’s rooms and hallways that lead to living areas (Aufenthaltsräume). Existing apartments had to be equipped by the end of 2017. Many owners and associations hand over installation and maintenance to a single service provider. That way, the checks are documented and no one has to remember them personally.
Legal basisArt. 46 Abs. 4 BayBO
Can the landlord pass the costs of smoke detectors on to tenants?
The landlord may not pass on the cost of renting smoke detectors. According to the prevailing legal opinion (herrschende Meinung), maintenance costs can be passed on as other operating costs (sonstige Betriebskosten) if the lease provides for this.
On May 11, 2022, the Federal Court of Justice (Bundesgerichtshof, BGH) ruled that the costs of renting smoke detectors are not other operating costs (sonstige Betriebskosten) (VIII ZR 379/20). In the court’s view, they are equivalent to purchase costs, and purchase costs are borne by the landlord. Regular inspection and maintenance are predominantly regarded as other operating costs under § 2 Nr. 17 BetrKV (the Operating Costs Ordinance, Betriebskostenverordnung). For this, they must be expressly named in the lease.
Legal basis§ 2 Nr. 17 BetrKV§ 556 Abs. 1 BGB
Case lawBGH (Federal Court of Justice), judgment of May 11, 2022, VIII ZR 379/20
Does the drinking water in our building have to be tested for Legionella?
In many apartment buildings, yes. For rented properties, testing is mandatory at least every three years if there is a large-scale hot water system (Großanlage) and there are showers.
This is governed by § 31 TrinkwV (the Drinking Water Ordinance, Trinkwasserverordnung). A large-scale system (Großanlage) exists if there is a storage tank or central instantaneous water heater with a capacity of more than 400 liters, or more than 3 liters of water in a pipe between the heater and the tap. Single-family and two-family homes are exempt. If the technical action value (technischer Maßnahmenwert) of 100 Legionella per 100 ml is reached, the operator must inform the public health office (Gesundheitsamt), determine the cause, prepare a risk assessment and take action (§ 51 TrinkwV). Residents are informed of the test results.
Legal basis§ 31 TrinkwV§ 51 TrinkwVAnlage 3 Teil II TrinkwV
The heating has failed. What should I do?
First check the thermostat, the fuse and the system’s display. If it stays cold, report the outage to us immediately or, outside office hours, at [Emergency number].
Tenants must report defects without undue delay (unverzüglich) (§ 536c BGB, the German Civil Code). Please include since when the heating has been out and whether only your apartment or the whole building is affected. We will then hire a heating contractor. If the heating is out for a longer period in winter, a tenant may reduce the rent (Mietminderung); the amount depends on the individual case. Do not heat your apartment with a gas grill or an open flame.
Legal basis§ 536 BGB§ 536c BGB
Damage and emergencies
What counts as an emergency, and whom do I call?
An emergency is a situation that threatens acute harm to people or the building, such as a burst water pipe, a smell of gas, a power outage in the whole building or a heating failure in winter. Outside office hours, call our emergency service (Notdienst) at [Emergency number].
In case of fire, injuries or a smell of gas, call 112 first. If you smell gas, leave the building and do not operate any switches. If water is leaking, turn off the main valve if possible. Please report things like a dripping faucet or a sticking door during office hours at [Phone number] or via [Reporting portal]. In a condominium owners’ association (WEG), every owner may take the measures necessary to avert imminent damage themselves (§ 18 Abs. 3 WEG, the German Condominium Act, Wohnungseigentumsgesetz).
Legal basis§ 18 Abs. 3 WEG§ 536c BGB
Who pays for water damage?
Insured damage to the building, for example from escaping tap water (Leitungswasser), is usually covered by the buildings insurance (Gebäudeversicherung). Damage to furniture and personal belongings is covered by the resident’s household contents insurance (Hausratversicherung).
In a condominium owners’ association (WEG), adequate insurance of the common property (Gemeinschaftseigentum) at replacement value (Neuwert) is part of proper management (ordnungsmäßige Verwaltung) (§ 19 Abs. 2 Nr. 3 WEG). Parts of the individually owned units (Sondereigentum) are often insured as well; this is determined by the insurance contract. Load-bearing parts and jointly used pipes always belong to the common property (§ 5 Abs. 2 WEG). Report the damage immediately, photograph it and do not throw away damaged parts. In a WEG, the claim to the buildings insurance is filed through the property manager.
The drain is clogged. Who takes care of it?
Try a plunger first. If that doesn’t help or several apartments are affected, report the blockage to us.
If water backs up in several apartments or in the basement, the problem is usually in the shared pipe. That is an emergency for our emergency service (Notdienst) at [Emergency number]. As a rule, the landlord bears the cost of clearing the blockage. If a tenant is proven to have caused it, for example with food scraps or hygiene products, the tenant may be liable. Please avoid aggressive drain cleaners, as they damage the pipes.
Legal basis§ 535 Abs. 1 BGB§ 280 Abs. 1 BGB
I’ve lost my key. What now?
Report the loss to us immediately. If the building has a master key system (Schließanlage), we check whether there is a risk of misuse and whether lock cylinders need to be replaced.
Tell us where and when you lost the key and whether the address could be identified from it. Duplicate keys for master key systems are only available against the security card (Sicherungskarte) or with our approval. Anyone who is at fault (schuldhaft) for the loss must pay for the replacement and, in some cases, also for replacing the lock cylinders. Check your personal liability insurance (Haftpflichtversicherung) or household contents insurance (Hausratversicherung); some policies cover lost keys. If you are locked out on a weekend, a locksmith can help; ask about the price beforehand.
Legal basis§ 280 Abs. 1 BGB
There has been a break-in at our home. What should we do?
Call the police at 110 and try not to touch anything. Then report the damage to us and to your household contents insurance (Hausratversicherung).
Ask the police for the case number (Vorgangsnummer). Your household contents insurance usually needs a list of the stolen items; submit it promptly. Report damage to your apartment door, windows or the building’s front door to us so that the repair can be ordered. If the door can no longer be locked, report this outside office hours at [Emergency number] so that it can be temporarily secured.
Legal basis§ 536c BGB
There is mold in my apartment. Who is responsible?
Report mold immediately, even small patches. We work with a specialist company to determine whether the cause is a structural defect (Baumangel) or ventilation.
Tenants must report defects without undue delay (unverzüglich); otherwise they are liable for consequential damage (§ 536c BGB, the German Civil Code). Causes include leaks, thermal bridges or too much humidity in the indoor air. If there is a defect in the building, the landlord must remedy it. If the mold is due to incorrect heating or ventilation, the tenant may be responsible. Until the cause is clarified, it helps to air the rooms briefly with the windows wide open several times a day (Stoßlüften) and to heat evenly.
Legal basis§ 535 Abs. 1 BGB§ 536 BGB§ 536c BGB
What applies to storm damage, snow load and snow sliding off roofs?
Storm and hail damage to the building is usually covered by the buildings insurance (Gebäudeversicherung). The owner must protect passers-by, to a reasonable extent, from snow sliding off the roof (Dachlawinen) and falling icicles.
In a condominium owners’ association (WEG), this duty to maintain safety (Verkehrssicherungspflicht) lies with the association, which is responsible for managing the common property. Depending on the location, this may include snow guards, warning signs, barriers or clearing the roof when the snow load is high. Which measure is needed depends on the roof pitch, the amount of snow and how the area below the roof is used. Do not park directly under the eaves during a thaw. Report damage immediately after a storm so that the insurer and a roofer can be brought in.
Legal basis§ 823 Abs. 1 BGB§ 18 Abs. 1 WEG
WEG management →Institutional property management →Property management in Garmisch-Partenkirchen →
Are floods and heavy rain along the Loisach, Isar or Ammer covered by insurance?
Only with natural hazards insurance (Elementarschadenversicherung). As of September 2026, it is voluntary and not automatically included in buildings insurance.
Standard buildings insurance (Gebäudeversicherung) usually covers fire, escaping tap water, storm and hail. Flooding, sewage backflow and landslides are only covered with the natural hazards add-on (Baustein Elementar). There is no legal requirement so far. New rules are planned politically but have not yet been passed. Check your policy and your building’s location, for example via the Umweltatlas Bayern (Bavarian environmental atlas). In a condominium owners’ association (WEG), the owners’ meeting (Eigentümerversammlung) decides on the scope of insurance.
Legal basis§ 19 Abs. 2 Nr. 3 WEG
WEG management →Institutional property management →Property management in Murnau →
For landlords
Which operating costs can I pass on to my tenants?
Operating costs (Betriebskosten) that can be passed on are the recurring costs listed in § 2 of the Operating Costs Ordinance (Betriebskostenverordnung). The lease must provide for passing them on.
These include, for example, property tax (Grundsteuer), water and sewage, heating and hot water, elevator, garbage collection, street cleaning, building cleaning, garden maintenance, electricity for common areas, chimney sweeping, building insurance policies and caretaker services. Other operating costs under item 17 (Nummer 17) must be named individually in the lease. Management costs, maintenance and repairs cannot be passed on. The principle of economic efficiency (Grundsatz der Wirtschaftlichkeit) applies to all costs.
Legal basis§ 556 Abs. 1 BGB§ 556 Abs. 3 Satz 1 BGB§ 1 Abs. 2 BetrKV§ 2 BetrKV
By when do I have to prepare the utility and service charge statement?
The tenant must receive the utility and service charge statement (Betriebskostenabrechnung) no later than twelve months after the end of the billing period. After that, you can no longer demand an additional payment unless you are not responsible for the delay.
If the billing period ends on December 31, the tenant must receive the statement by December 31 of the following year. What counts is receipt (Zugang), not the date it was sent. You must still pay out any credit balance owed to the tenant after the deadline. You are not obliged to issue partial statements. We usually prepare your statements by [Date].
Legal basis§ 556 Abs. 3 Satz 2 bis 4 BGB
Rental property management →Institutional property management →
How long can a tenant raise objections to the statement?
The tenant has twelve months from receipt of the statement to do so. After that, objections (Einwendungen) are excluded unless the tenant is not responsible for the delay.
The deadline applies to objections regarding content, for example to individual cost types or the allocation key (Umlageschlüssel). Any agreement to the tenant’s disadvantage is invalid. So keep proof of receipt and supporting documents at least that long.
Do I have to let the tenant inspect the supporting documents?
Yes. On request, you must let the tenant inspect the supporting documents (Belegeinsicht) on which the statement is based.
The law expressly allows you to provide the documents electronically, for example as scans or via a portal. Invoices, contracts and meter readings should be kept in good order for this. As long as the tenant has not been given an inspection they were entitled to request, they do not have to make an additional payment.
Legal basis§ 556 Abs. 4 BGB
Case lawBGH (Federal Court of Justice), judgment of February 7, 2018, VIII ZR 189/17
When may I adjust the operating cost prepayments?
After a statement, either party to the lease may adjust the prepayments (Vorauszahlungen) to an appropriate amount. The declaration must be made in text form (Textform, a legible declaration such as a letter or email).
The basis is the result of the most recent statement. You may take foreseeable changes into account, such as a new property tax assessment or higher energy prices. The tenant can also demand a reduction if the prepayments are too high. If a flat fee (Pauschale) has been agreed instead of prepayments, different rules apply.
Legal basis§ 560 Abs. 4 BGB§ 560 Abs. 1 und 5 BGB§ 556 Abs. 2 BGB
How high can the security deposit be, and how must I invest it?
The security deposit (Kaution) may not exceed three months’ rent excluding operating costs. The tenant may pay it in three equal monthly installments.
The first installment is due at the start of the tenancy, the other two with the following rent payments. You must invest a cash deposit (Barkaution) with a bank, kept separate from your own assets; a rent deposit account (Mietkautionskonto) is customary. The interest belongs to the tenant and increases the deposit. If the tenant falls into arrears with an amount equal to two months’ net rent, termination without notice (fristlose Kündigung) is possible.
Legal basis§ 551 Abs. 1 bis 4 BGB§ 569 Abs. 2a BGB
When do I have to return the security deposit after the tenant moves out?
There is no fixed statutory deadline. You have a reasonable period to review your claims and must then settle the security deposit (Kaution).
The Federal Court of Justice (Bundesgerichtshof, BGH) makes the length depend on the individual case; it can also be more than six months. If an additional operating cost payment is to be expected, you may retain a reasonable portion until the statement is issued. Within a reasonable period, you must declare whether you are asserting claims and which ones. Claims for damage to the apartment become time-barred (verjähren) six months after the apartment is returned.
Legal basis§ 551 BGB§ 548 Abs. 1 BGB
Case lawBGH (Federal Court of Justice), judgment of January 18, 2006, VIII ZR 71/05BGH (Federal Court of Justice), judgment of July 24, 2019, VIII ZR 141/17
How much may I raise the rent up to the local comparative rent?
You can ask the tenant to consent to an increase up to the local comparative rent (ortsübliche Vergleichsmiete). Within three years, the rent may rise by no more than 20 percent (the cap, Kappungsgrenze), or by no more than 15 percent in areas covered by the Bavarian Tenant Protection Ordinance (Mieterschutzverordnung).
At the time of the increase, the rent must have been unchanged for 15 months, and the request can be made no earlier than one year after the last increase. The current Tenant Protection Ordinance applies from January 1, 2026 to December 31, 2029. In our service area, the 15 percent cap applies in Oberammergau, Garmisch-Partenkirchen, Murnau a. Staffelsee, Mittenwald, Farchant, Weilheim i. OB, Penzberg, Bad Tölz and Wolfratshausen. Peiting, Peißenberg, Schongau, Steingaden and Bad Kohlgrub are not listed; the 20 percent cap applies there. If the tenant consents, the new rent is owed from the third calendar month after the request is received.
Legal basis§ 558 Abs. 1 bis 3 BGB§ 558b Abs. 1 und 2 BGB§ 1 und Anlage MiSchuV vom 16.12.2025 (GVBl. S. 718), geändert durch VO vom 16.06.2026 (GVBl. S. 334)
Rental property management →Property management in Oberammergau →
Does the rent cap apply to my apartment?
The rent cap (Mietpreisbremse) applies in the municipalities listed in the Bavarian Tenant Protection Ordinance (Mieterschutzverordnung). There, the rent at the start of a lease may exceed the local comparative rent (ortsübliche Vergleichsmiete) by no more than 10 percent.
The federal government has extended the authorization until December 31, 2029, and the Bavarian ordinance has applied since January 1, 2026 and runs until that date. In our service area, this affects Oberammergau, Garmisch-Partenkirchen, Murnau a. Staffelsee, Mittenwald, Farchant, Weilheim i. OB, Penzberg, Bad Tölz and Wolfratshausen. Exceptions apply, among others, to apartments first used and rented out after October 1, 2014, and to the first letting after comprehensive modernization. If the previous rent (Vormiete) was higher, you may generally rent at up to that amount.
Legal basis§ 556d Abs. 1 und 2 BGB§ 556e Abs. 1 BGB§ 556f BGBMiSchuV vom 16.12.2025 (GVBl. S. 718), geändert durch VO vom 16.06.2026 (GVBl. S. 334)
Rent out your apartment →Property valuation →Inquire about rental management →
What is the difference between index-linked rent and graduated rent?
With index-linked rent (Indexmiete), the rent follows the consumer price index of the Federal Statistical Office (Statistisches Bundesamt). With graduated rent (Staffelmiete), you set the future increases as fixed amounts in the lease itself.
Both types must be agreed in writing, and the rent must remain unchanged for at least one year at a time. An increase to the local comparative rent (ortsübliche Vergleichsmiete) is ruled out in both cases. You declare an index adjustment in text form (Textform), stating the change in the index; it takes effect from the month after next. With graduated rent, the rent cap (Mietpreisbremse) applies to each step; with index-linked rent, only to the initial rent. A planned federal law is intended to limit index-linked rents in tight housing markets, but it has not yet been passed.
Legal basis§ 557a BGB§ 557b BGB
How much of the modernization costs may I pass on through the rent?
You may increase the annual rent by 8 percent of the modernization costs spent on the apartment (modernization rent increase, Modernisierungsumlage). Fixed caps (Kappungsgrenzen) apply.
Within six years, the monthly rent may rise by no more than €3 per square meter. If the rent was previously below €7 per square meter, the limit is €2. A separate limit of €0.50 per square meter applies to installing a new heating system. For a heat pump, you can only claim the full costs if a seasonal performance factor (Jahresarbeitszahl) of at least 2.5 has been demonstrated or the building meets one of the statutory exceptions; otherwise, only half (§ 559f BGB). Deduct costs that would have been incurred for maintenance anyway. Undue hardship (unzumutbare Härte) for the tenant can rule out the increase.
Legal basis§ 559 Abs. 1 bis 4 BGB§ 559e BGB§ 559f BGB
Institutional property management →Rental property management →Contact →
May I pass property tax on to the tenant?
Yes, if the lease provides for operating costs to be passed on. Property tax (Grundsteuer) is expressly listed as a type of operating cost (Betriebskosten).
You bill property tax in the annual utility and service charge statement (Betriebskostenabrechnung). If your property tax changed after the reform, you can also adjust the prepayments after the next statement. For condominiums, you receive the property tax notice (Grundsteuerbescheid) directly from the municipality and the assessment notice (Messbescheid) from the tax office. That is why property tax does not appear in the Hausgeld statement (Hausgeldabrechnung, the statement for the monthly owners’ contribution).
Who pays the real estate agent when an apartment is rented out?
Whoever hires the agent pays (the “whoever orders, pays” principle, Bestellerprinzip). The agent may only charge the apartment seeker a commission if the agent acquired the apartment solely because of that person’s search mandate.
If you hire us to rent out your apartment, you pay the commission. The brokerage agreement (Vermittlungsvertrag) must be concluded in text form (Textform). Advance payments are not permitted. You will find the amount of our fee in our offer [Reference].
Legal basis§ 2 Abs. 1, 1a und 4 WoVermRG
Rent out your apartment →Inquire about rental management →Contact →
Do I have to give my tenant a landlord’s confirmation of move-in (Wohnungsgeberbestätigung)?
Yes. You must confirm the tenant’s move-in to the registration office (Meldebehörde), in writing or electronically, so that the tenant can register within two weeks.
The confirmation contains your name and address (if you are not the owner, also the owner’s name), the move-in date, the address of the apartment and the names of the persons required to register. It may only be issued by the housing provider (Wohnungsgeber) or a person they have authorized, which includes us as your property manager. Providing an address for a sham registration (Scheinanmeldung) is prohibited.
Legal basis§ 19 Abs. 1, 3 und 6 BMG§ 17 Abs. 1 BMG
Can I rent out furnished or on a fixed-term lease?
You can only agree on a fixed term (Befristung) if there is a statutory reason, which you must state in writing when the lease is signed. A furnished apartment generally enjoys full tenant protection (Mieterschutz).
Permitted reasons are your own use or use by relatives, a major construction project, or renting to someone obligated to perform services for you (Dienstverpflichteter). If there is no valid reason, the lease is deemed to be of indefinite duration. Exceptions to tenant protection apply only to housing rented for temporary use (vorübergehender Gebrauch) and to predominantly furnished rooms within your own apartment. A planned federal law is intended to revise the rules on furnishing surcharges and short-term leases, but it has not yet been passed.
Legal basis§ 575 Abs. 1 BGB§ 549 Abs. 2 Nr. 1 und 2 BGB
Rent out your apartment →Rental property management →Contact →
When can I terminate a lease because of unpaid rent?
Termination without notice (fristlose Kündigung) is possible if the tenant is in arrears on two consecutive due dates with more than one month’s rent. It is also possible if arrears amounting to two months’ rent build up over a longer period.
You must state the reason for termination in the termination letter. If the tenant pays the entire arrears no later than two months after the eviction lawsuit (Räumungsklage) has been served, or if a public authority takes over the payment, the termination without notice (fristlose Kündigung) becomes invalid. This does not apply if the same thing has already happened once within the past two years. Get legal advice on your specific case before you terminate.
Legal basis§ 543 Abs. 2 Satz 1 Nr. 3 BGB§ 569 Abs. 3 und 4 BGB
For tenants
When will I receive my utility and service charge statement?
Your landlord must issue the utility and service charge statement (Betriebskostenabrechnung) no later than twelve months after the end of the billing period. If the statement arrives late, the landlord must still pay out any credit, while you can generally refuse to pay any additional amount due.
If the billing period follows the calendar year, the deadline ends on December 31 of the following year. You can review the utility and service charge statement (Betriebskostenabrechnung) and raise objections for twelve months. You have the right to inspect the supporting receipts, including electronically. The best way to ask us questions about your statement is via [Contact method].
Legal basis§ 556 Abs. 3 und 4 BGB
May I sublet my apartment?
Only with your landlord’s permission. You are entitled to permission to sublet part of the apartment if a legitimate interest (berechtigtes Interesse) has arisen after the lease was signed.
A legitimate interest (berechtigtes Interesse) can be, for example, a separation, a work assignment abroad or the wish to reduce your costs. The landlord may refuse if there is good cause (wichtiger Grund) relating to the subtenant as a person, or if the apartment would become overcrowded. The landlord can make permission conditional on a reasonable rent surcharge. If the landlord refuses permission to sublet without good cause, you can terminate the lease with the statutory notice period.
Legal basis§ 540 Abs. 1 BGB§ 553 Abs. 1 und 2 BGB
Case lawBGH (Federal Court of Justice), judgment of June 11, 2014, VIII ZR 349/13
May I keep a pet in my rental apartment?
You can generally keep small animals such as hamsters, aquarium fish or budgies without permission. For dogs and cats, it depends on weighing the interests involved in each individual case.
According to Germany’s Federal Court of Justice (Bundesgerichtshof), a blanket ban on dogs and cats in a standard-form lease (Formularmietvertrag) is invalid. Factors to consider include the type, size and number of animals, the apartment itself and the interests of the neighbors. Before getting a dog or cat, ask your landlord, or ask us via [Contact method].
Legal basis§ 307 Abs. 1 und 2 BGB§ 535 Abs. 1 BGB
Case lawBGH (Federal Court of Justice), judgment of November 14, 2007, VIII ZR 340/06BGH (Federal Court of Justice), judgment of March 20, 2013, VIII ZR 168/12
Do I have to pay for minor repairs myself?
Only if your lease contains a valid minor-repairs clause (Kleinreparaturklausel). Otherwise, the landlord bears the repair costs.
A valid minor-repairs clause (Kleinreparaturklausel) covers only parts you use frequently, such as faucets, light switches or window handles. It must set a maximum amount per repair and an annual cap. The clause only obligates you to cover the costs, not to carry out the repair yourself. Courts differ on which amounts are reasonable.
Legal basis§ 535 Abs. 1 Satz 2 BGB§ 307 BGB
Case lawBGH (Federal Court of Justice), judgment of May 6, 1992, VIII ZR 129/91
Do I have to redecorate when I move out?
That depends on whether your lease contains a valid clause. If you took over the apartment unrenovated and did not receive reasonable compensation, a standard-form clause on cosmetic repairs (Schönheitsreparaturen, such as painting walls and ceilings) is invalid.
An apartment already counts as unrenovated if it shows more than insignificant signs of use by the previous tenant. In a dispute, you have to prove this, which is why a handover report (Übergabeprotokoll) with photos is important. In a further decision on the same day, the Federal Court of Justice (Bundesgerichtshof) also declared standard-form prorated-cost clauses (Quotenabgeltungsklauseln, which require a tenant who moves out before redecoration is due to pay a share of its cost) invalid. You do not have to compensate for normal wear and tear resulting from use in accordance with the lease.
Legal basis§ 307 Abs. 1 und 2 BGB§ 538 BGB
Case lawBGH (Federal Court of Justice), judgment of March 18, 2015, VIII ZR 185/14BGH (Federal Court of Justice), judgment of March 18, 2015, VIII ZR 242/13
What happens at the apartment handover?
When a tenant moves in and out, tenant and landlord inspect the apartment together and record its condition in a handover report (Übergabeprotokoll). This includes the meter readings and the keys handed over.
The handover report (Übergabeprotokoll) helps both sides avoid later disputes over damage or renovation. Also take dated photos. Only sign what is accurate, and note any points on which you disagree. The landlord’s claims for damage become time-barred (verjähren) six months after the apartment is returned. You can arrange the handover appointment with us via [Contact method].
Legal basis§ 546 Abs. 1 BGB§ 548 Abs. 1 BGB
Can I move out early if I find a replacement tenant?
There is no general right to do so. You can only get out of the lease early if it contains a replacement-tenant clause (Nachmieterklausel) or if the landlord agrees.
Without such a provision, your notice period (Kündigungsfrist) applies. Talk to us early; often a termination agreement (Aufhebungsvertrag) can be arranged. Proposing a replacement tenant (Nachmieter) can make it easier to reach an agreement. Only in rare exceptional cases can a right arise from the principle of good faith (Treu und Glauben).
As a tenant, may I install a balcony solar system?
Yes, you can ask your landlord for permission. Since October 17, 2024, tenants have had a statutory right to permission for plug-in solar devices (Steckersolargeräte, often called balcony power plants or Balkonkraftwerke).
The landlord may refuse only if the system cannot reasonably be expected of them, even taking your interests into account. The way it is mounted can also play a role. You can commit to providing additional security. In a condominium complex, the owner who rents out the unit also needs a resolution of the condominium owners’ association (WEG). Every owner is entitled to such a resolution, and the association decides how the installation is carried out (§ 20 Abs. 2 Satz 1 Nr. 5 WEG).
Legal basis§ 554 Abs. 1 BGB§ 20 Abs. 2 WEG
What do I have to do if damage occurs in my apartment?
Report the defect (Mangel) to your landlord or to us without undue delay. If you fail to report it, you must pay for any damage that results.
If you fail to report the defect (Mangel), you also lose rights such as a rent reduction (Mietminderung) or damages, to the extent that the landlord was unable to remedy the problem as a result. Describe the defect as precisely as possible and attach photos. In emergencies such as a burst water pipe, you can reach us at [Emergency number]. If there is acute danger, take reasonable immediate measures, such as turning off the water.
Legal basis§ 536c Abs. 1 und 2 BGB
What happens to heating costs if I move out in the middle of the year?
When occupants change, an interim reading (Zwischenablesung) of the consumption meters must be taken. The consumption-based costs are then split between the outgoing and the incoming tenant.
The remaining heating costs are split either by heating degree-day figures (Gradtagszahlen, which weight each month by how much heating it typically requires) or on a time-proportional basis; the remaining hot water costs are split on a time-proportional basis. If an interim reading (Zwischenablesung) is not possible, the total costs are split according to these criteria. The lease may provide for a different split. You will receive your statement with the regular annual billing. Please let us know your new address.
Selling and valuation
What documents do I need to sell a condominium?
Above all, you need the land register extract (Grundbuchauszug), the declaration of division (Teilungserklärung), the minutes of the owners’ meetings from the last three years, the collection of resolutions (Beschluss-Sammlung), the annual budget (Wirtschaftsplan), the annual statement (Jahresabrechnung), the asset report (Vermögensbericht) and the energy performance certificate (Energieausweis).
Buyers and banks want to see how the condominium owners’ association (WEG) is doing. The minutes and the collection of resolutions (Beschluss-Sammlung) show which renovations have been approved or are planned. The asset report (Vermögensbericht) shows the balance of the maintenance reserve (Erhaltungsrücklage). You must present the energy performance certificate (Energieausweis) at the viewing at the latest. You will also need the floor plan, the living-space calculation and, if the unit is rented out, the lease. If we manage your apartment, talk to us about the WEG documents.
Legal basis§ 24 Abs. 6 und 7 WEG§ 28 Abs. 1, 2 und 4 WEG§ 18 Abs. 4 WEG§ 80 Abs. 3 und 4 GModG§ 12 GBO
What documents do I need to sell a house?
The key documents are the land register extract (Grundbuchauszug), the cadastral map (Flurkarte), the building plans with the building permit, the living-space calculation and the energy performance certificate (Energieausweis).
Proof of modernization work is also helpful, such as invoices for the roof, heating or windows. It answers many buyer questions before they are asked. You present the energy performance certificate (Energieausweis) at the viewing at the latest and hand it over after the notary appointment. Anyone who buys a house with no more than two apartments by December 31, 2026 must then attend a free consultation on the energy performance certificate, provided one is offered. This obligation no longer applies from 2027. Missing documents can be requested from the land registry (Grundbuchamt) and the building authority (Bauamt) with your power of attorney.
Legal basis§ 80 Abs. 3 und 4 GModG§ 87 GModG§ 12 GBOArt. 2 Nr. 32 G v. 23.07.2026 (BGBl. 2026 I Nr. 226)
Do I need the property manager’s consent to sell?
Only if your declaration of division (Teilungserklärung) requires it. In that case, this is also recorded in the land register (Grundbuch).
Without the required consent, the purchase contract is provisionally ineffective (schwebend unwirksam), meaning it does not take effect until consent is given. That is why the notary usually obtains the consent. Consent may only be refused for good cause (wichtiger Grund), for example if the buyer is clearly unable to pay. The owners can remove such a clause by resolution. You or the notary send the request for consent to the property manager (Verwalter).
Legal basis§ 12 Abs. 1 bis 4 WEG§ 26 Abs. 4 WEG
Who pays the real estate agent’s commission when an apartment or a single-family home is sold?
If a consumer buys an apartment or a single-family home, the buyer may pay no more commission (Maklerprovision) than the seller. Having the buyer alone pay the commission is not permitted.
The brokerage agreement (Maklervertrag) must be in text form (Textform); an email is sufficient. If the agent works for both sides, both must pay the same amount. If only the seller engaged the agent, the buyer may take on at most half, and only once the seller has paid their share. According to the Federal Court of Justice (Bundesgerichtshof), an agreement that violates these rules is invalid in its entirety. Whether a property counts as a single-family home depends on whether, when the contract was concluded, it was recognizable to the agent that the purchase serves the residential purposes of a single household. Our commission is [Commission rate] and is clearly stated in the brokerage agreement.
Legal basis§ 656a BGB§ 656b BGB§ 656c BGB§ 656d BGB§ 652 BGB
Case lawBGH (Federal Court of Justice), judgment of March 6, 2025, I ZR 32/24 (equal split also applies to a contract with third parties; meaning of “single-family home”)BGH (Federal Court of Justice), judgment of March 6, 2025, I ZR 138/24 (agreement entirely void if it violates § 656d BGB)BGH (Federal Court of Justice), judgment of July 16, 2026, I ZR 111/25 (single-family home: what matters is the use recognizable to the agent when the contract was concluded)
How is the value of my property determined?
We use the three recognized methods of the German Real Estate Valuation Ordinance (Immobilienwertermittlungsverordnung, ImmoWertV): the sales comparison approach (Vergleichswert), the cost approach (Sachwert) and the income approach (Ertragswert).
For condominiums, the focus is usually on comparison with prices actually achieved (Vergleichswert). For owner-occupied houses, the cost approach (Sachwertverfahren) is often appropriate; it adds together the land value and the building value. For rented properties, what counts is the income value (Ertragswert) based on the rents achievable at market rates. Location, condition and special features such as rights of way or historic-monument protection (Denkmalschutz) are also taken into account. Our local knowledge of the Bavarian Oberland feeds into the assessment.
Legal basis§ 194 BauGB§ 6 ImmoWertV§ 24 ImmoWertV§ 27 ImmoWertV§ 35 ImmoWertV
Is the valuation of my property free of charge?
Our initial assessment for people considering a sale is [free/terms]. A formal market-value appraisal (Verkehrswertgutachten) is a separate service that is charged for.
The initial assessment is based on a viewing and our knowledge of the market. It gives you a realistic asking price for the sale. For court proceedings, the tax office (Finanzamt) or dividing an estate among heirs (Erbauseinandersetzung), you often need a report from an expert appraiser (Sachverständiger). The appraiser’s fees depend on the effort involved and the property. We will tell you openly which form is sufficient in your situation.
How long does it take to sell a property?
As a rough guide, allow three to six months from preparation to the notary appointment (Notartermin, where the purchase contract is notarized). In individual cases, it can be shorter or longer.
Preparation, including documents and the valuation, usually takes a few weeks. This is followed by marketing, viewings and the buyer’s financing commitment. After the notary appointment (Notartermin), several more weeks often pass before the purchase price is paid. Registration in the land register (Grundbuch) can take longer. After the initial assessment, we will give you a timeline for your property.
How high is the real estate transfer tax in Bavaria, and who pays it?
In Bavaria, the real estate transfer tax (Grunderwerbsteuer) is 3.5 percent of the purchase price. In the purchase contract, the buyer almost always takes it on.
Bavaria has not set its own tax rate, so the rate from the Real Estate Transfer Tax Act (Grunderwerbsteuergesetz) applies. By law, both parties to the contract owe the real estate transfer tax (Grunderwerbsteuer). That is why the purchase contract specifies who bears it. Only once the tax has been paid or secured does the tax office (Finanzamt) issue the clearance certificate (Unbedenklichkeitsbescheinigung). Without it, the buyer is not registered in the land register (Grundbuch).
Who pays the notary fees when a property is sold?
By law, the buyer bears the costs of notarization and of registration in the land register (Grundbuch). As the seller, you usually pay for the cancellation of your old land charges (Grundschulden, the security interests registered for a mortgage loan).
The amount is set by the Court and Notary Fees Act (Gerichts- und Notarkostengesetz, GNotKG) and depends on the purchase price. The purchase contract specifies who covers which costs. Even so, everyone whose declarations are notarized remains liable to the notary. The costs of releasing the property from encumbrances (Lastenfreistellung) are usually borne by the seller. The buyer usually chooses the notary because the buyer bears the costs.
Legal basis§ 448 Abs. 2 BGB§ 29 GNotKG§ 30 GNotKG§ 311b Abs. 1 BGB
Who pays the Hausgeld and any additional payments when the apartment is sold?
Toward the condominium owners’ association (WEG), the person liable is whoever is registered in the land register (Grundbuch) when the payment falls due. In the purchase contract, you and the buyer usually agree on a different cut-off date between yourselves.
Until the buyer is registered, you remain responsible for the ongoing monthly owners’ contribution (Hausgeld). An additional payment resulting from the annual statement (Jahresabrechnung), the so-called settlement balance (Abrechnungsspitze), is owed by whoever is the owner at the time the resolution is passed. That may already be the buyer, even if the statement covers your financial year. This is why most purchase contracts provide for a settlement between the parties as of the transfer of possession (Besitzübergang). We recommend a clear provision in the contract for additional payments and credits.
Legal basis§ 16 Abs. 2 WEG§ 28 Abs. 1 bis 3 WEG§ 446 BGB
Case lawBGH (Federal Court of Justice), judgment of June 1, 2012, V ZR 171/11 (the resolution on the annual statement only creates a claim to the settlement balance, the Abrechnungsspitze)
What happens to the maintenance reserve when I sell?
The maintenance reserve (Erhaltungsrücklage) belongs to the condominium owners’ association (WEG) and stays with it. Your share is not paid out to you when you sell.
The maintenance reserve (Erhaltungsrücklage) is the association’s property. The buyer benefits indirectly from a well-funded reserve, which can support the price. Allocating a separate portion of the purchase price to the reserve does not reduce the real estate transfer tax (Grunderwerbsteuer). The Federal Fiscal Court (Bundesfinanzhof) has ruled on this. The current balance of the reserve is shown in the asset report (Vermögensbericht).
Legal basis§ 9a Abs. 3 WEG§ 19 Abs. 2 Nr. 4 WEG§ 28 Abs. 4 WEG
Case lawBFH (Federal Fiscal Court), judgment of September 16, 2020, II R 49/17 (a proportionate share of the maintenance reserve does not reduce the tax base for real estate transfer tax)
Can I sell a rented apartment, and what then applies to the tenant?
Yes. The buyer takes over the lease with all its rights and obligations, because under German law a sale does not break a lease (Kauf bricht nicht Miete).
The tenant does not have to move out or sign a new lease. The new owner steps in as landlord once registered in the land register (Grundbuch). Notify the tenant of the change of ownership; your liability then ends in accordance with the statutory rules. The buyer also takes over the security deposit (Kaution). If the tenant cannot get it back from the buyer at the end of the tenancy, you remain liable. So settle the handover of the deposit in the purchase contract.
Legal basis§ 566 BGB§ 566a BGB
Does my tenant have a right of first refusal?
Only if the apartment was converted into a condominium, or is to be converted, after the tenant moved in. In that case, the tenant may buy on the same terms as the buyer (right of first refusal, Vorkaufsrecht).
After the notary appointment, you must notify the tenant of the contents of the contract without undue delay and inform them of their right of first refusal (Vorkaufsrecht). The tenant can then declare in writing within two months that they will buy. There is no right of first refusal when you sell to family members or members of your household. If you fail to inform the tenant, you risk a claim for damages. So before selling, find out whether a right of first refusal applies to your apartment.
Legal basis§ 577 BGB§ 469 Abs. 2 BGB§ 464 Abs. 2 BGB
Case lawBGH (Federal Court of Justice), judgment of January 21, 2015, VIII ZR 51/14 (tenant’s claim for damages when the right of first refusal is thwarted)
After a conversion into condominiums, how long is termination for personal use barred?
Generally for three years from the first sale of the apartment after the conversion. In many municipalities in the Oberland, a period of ten years applies under the Bavarian Tenant Protection Ordinance (Mieterschutzverordnung).
This waiting period (Kündigungssperrfrist) applies if the apartment was converted into a condominium only after the tenant moved in. It covers terminations for personal use (Eigenbedarf, when the landlord needs the apartment for themselves, family members or members of their household) and for economic exploitation (wirtschaftliche Verwertung). The Bavarian ordinance applies from January 1, 2026 to December 31, 2029. Of the towns we serve, Oberammergau, Garmisch-Partenkirchen, Farchant, Mittenwald, Murnau a. Staffelsee, Bad Tölz, Wolfratshausen, Penzberg and Weilheim i. OB are on the list. Peiting, Peißenberg, Schongau, Steingaden and Bad Kohlgrub are not listed, so three years apply there. Similar rules apply when selling to several buyers or to a partnership (Personengesellschaft).
Legal basis§ 577a Abs. 1, 1a, 2 BGB§ 573 Abs. 2 Nr. 2 und 3 BGB§ 1 Satz 2 und Anlage MiSchuV vom 16.12.2025 (GVBl. S. 718), geändert durch VO vom 16.06.2026 (GVBl. S. 334)
Do I have to pay tax on the profit when I sell?
If more than ten years pass between purchase and sale (the so-called speculation period, Spekulationsfrist), the profit on privately held property is tax-free. If you live in the property yourself, a sale can be tax-free sooner.
This exception applies if you have lived in the property exclusively yourself since you bought it. It also applies if you lived in it yourself in the year of sale and the two preceding years. An owner-occupied second home can count; a vacation apartment that is rented out cannot. For inherited property, the date on which the deceased bought it counts. Please have your tax advisor (Steuerberater) review your case.
Legal basis§ 23 Abs. 1 Satz 1 Nr. 1 EStG§ 23 Abs. 1 Satz 3 EStG
Case lawBFH (Federal Fiscal Court), judgment of June 27, 2017, IX R 37/16 (second homes and vacation homes can also be used for one’s own residential purposes)
How do we sell an inherited property as a community of heirs?
As a community of heirs (Erbengemeinschaft), you can only sell together; all heirs must agree. A solution everyone can support is usually the best way forward.
An inheritance often comes at a difficult time, and not all heirs want the same thing. A neutral valuation creates a common basis for discussion. Often one co-heir can also buy out the others. Every heir may demand that the community of heirs (Erbengemeinschaft) be dissolved. If no agreement can be reached, the last resort is a partition auction (Teilungsversteigerung) at the local court (Amtsgericht), which usually achieves a lower price.
Legal basis§ 2040 Abs. 1 BGB§ 2042 BGB§ 2038 BGB§ 753 BGB§ 180 ZVG
What should I keep in mind when selling a listed historic house?
You are free to sell a listed building (Baudenkmal). However, the buyer takes on the obligations under the Bavarian Monument Protection Act (Bayerisches Denkmalschutzgesetz).
Owners must preserve the listed building (Baudenkmal), and many alterations require a permit. Buyers should know this before they buy. An energy performance certificate (Energieausweis) is not required when selling a listed building until December 31, 2026. This exemption ends on January 1, 2027. For tax purposes, a buyer can deduct costs for work appropriate to the monument at an increased rate, under § 7i EStG if the property is rented out. When buying, however, this applies only to work carried out after the contract is concluded and with a certificate from the Bavarian State Office for Monument Protection (Landesamt für Denkmalpflege).
Legal basisArt. 4 BayDSchGArt. 6 BayDSchGArt. 22 BayDSchG§ 7i EStG§ 10f EStG§ 79 Abs. 4 GModGArt. 2 Nr. 31 G v. 23.07.2026 (BGBl. 2026 I Nr. 226)
Do I get a bonus if I refer a seller to you?
Yes. If your tip leads to a sale with us, you will receive [Bonus/terms].
You give us the name of an owner who wants to sell, with their consent, of course. We contact them and advise them. We pay the bonus after [Payout condition]. You can find the exact terms on our referral partner (Tippgeber) page.
Can I sell my property without it being advertised publicly?
Yes. On request, we offer your property only to selected, pre-screened prospective buyers.
Many owners do not want neighbors or acquaintances to find out about the sale. In that case, we contact registered buyers who are already searching, in a targeted way. We only share the address and photos after consulting with you. Even in this case, the energy performance certificate (Energieausweis) must be available at the viewing at the latest. A discreet sale can take longer because fewer people see the offer.
Legal basis§ 80 Abs. 4 GModG
Special rules in Bavaria and the Oberland
Who has to clear and grit the sidewalks in winter?
Municipalities can transfer the duty to clear snow and spread grit on sidewalks (Räum- und Streupflicht) to the adjoining property owners (Anlieger) by ordinance. Whether and how your municipality has done so is set out in its ordinance.
The legal basis is Art. 51 Abs. 5 BayStrWG. Each municipality sets the times itself; they may not begin before 6 a.m. or end after 10 p.m. For entrances and paths on your own property, the owner’s general duty to keep them safe (Verkehrssicherungspflicht) applies in any case. The owner can transfer this duty to tenants or a winter service through the lease or the house rules (Hausordnung), but must then check that it is carried out. The costs of a winter service can be passed on as part of the utility and service charges (Betriebskosten) if the lease provides for this.
Legal basisArt. 51 Abs. 4 BayStrWGArt. 51 Abs. 5 BayStrWG§ 2 Nr. 8 BetrKV
WEG management →Rental property management →Property management in Oberammergau →
What do I need to know about vacation or second homes in Garmisch-Partenkirchen and Mittenwald?
Both market towns (Markt, a Bavarian municipal status) levy a second-home tax (Zweitwohnungsteuer). In Garmisch-Partenkirchen, you also need a permit if you rent out living space to vacation guests for more than eight weeks a year.
Under both bylaws (Satzungen), the second-home tax (Zweitwohnungsteuer) is based on the annual net rent excluding utilities (Jahresnettokaltmiete), or, for property you own, on the customary local rent. The rate is lower if you rent out the apartment through an agency and can use it yourself for only a few weeks. If your income is low, the tax is not levied, under Art. 3 Abs. 3 BayKAG. The permit requirement comes from the Bavarian law against the misuse of housing (Zweckentfremdungsgesetz) and applies only in municipalities that have their own bylaw. In Garmisch-Partenkirchen, such a bylaw has been in force since October 1, 2025, for five years. Check with the municipality before buying or changing the use of a property, including on planning and building law (Baurecht).
Legal basisArt. 3 Abs. 1 und 3 BayKAGArt. 1 ZwEWGArt. 2 ZwEWGZweitwohnungsteuersatzung Markt Garmisch-Partenkirchen vom 14.10.2022Zweitwohnungsteuersatzung Markt Mittenwald vom 18.12.2019Zweckentfremdungssatzung Markt Garmisch-Partenkirchen vom 25.09.2025
Property management in Garmisch-Partenkirchen →Property management in Mittenwald →Real estate agent in Garmisch-Partenkirchen →
How is property tax calculated in Bavaria, and can it be passed on to tenants?
For property tax (Grundsteuer), Bavaria uses an area-based model (Flächenmodell). What matters are the land area, the living and usable floor area and the municipality’s assessment rate (Hebesatz), not the value of the property.
The formula is set out in Art. 1 BayGrStG. The areas are multiplied by fixed equivalence figures (Äquivalenzzahlen) and base rates (Messzahlen), which gives the property tax base amount (Grundsteuermessbetrag). The municipality multiplies this by its assessment rate (Hebesatz). Property tax (Grundsteuer) counts as a utility and service charge (Betriebskosten) under § 2 Nr. 1 BetrKV and may be passed on if the lease transfers utility and service charges to the tenant. In a condominium owners’ association (WEG), each owner pays the property tax for their unit directly to the municipality.
Legal basisArt. 1 Abs. 1 bis 3 BayGrStG§ 25 GrStG§ 2 Nr. 1 BetrKV
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The answers are general information and do not replace legal advice on individual cases. We link statutes to gesetze-im-internet.de and gesetze-bayern.de (official German law websites, in German).