Are smoke detectors mandatory in Germany? Find out here
As you may have perhaps noticed, there is something on on every ceiling: a smoke detector!
And this is no coincidence. In fact, there is a mandatory smoke detector requirement for all of Germany, which is regulated in the so-called DIN standard: DIN 14676. Among other things, this standard determines where smoke detectors have to be installed and how maintenance should be carried out.
So if you are not bored or put off by the complicated standard protocols, you might ask yourself: Do I personally have anything to do with this law?
The answer is YES. Although the fire alarm requirement applies throughout Germany, the rules can vary from state to state. The so-called state building code for each state determines whether tenants or owners are responsible for the installation and maintenance of the smoke detectors, and in which rooms they need to be installed.
A basic rule is: The smoke detector requirement exists for all new buildings and for all renovated buildings.
The owner of the building or property is responsible for this. But according to the law, smoke detectors must also be installed in existing buildings as well - the only exception being the federal state of Saxony. And for some other federal states, there are still transition periods before the installation of fire alarms in existing buildings also becomes mandatory.
All the rules for every state:
Baden-Wuerttemberg
Mandatory for new buildings since: 2010
Mandatory for existing buildings from: 01.01.2015
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Bavaria
Mandatory for new buildings since: 2007
Mandatory for existing buildings from: 01.01.2018
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Berlin
Mandatory for new buildings since: 01.01.2017
Mandatory for existing buildings from: 31.12.2020
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Brandenburg
Mandatory for new buildings since: 01.06.2016
Mandatory for existing buildings from: 31.12.2020
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (lessor)
Bremen
Mandatory for new buildings since: 2009
Mandatory for existing buildings from: 01.01.2016
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Hamburg
Mandatory for new buildings since: 2005
Mandatory for existing buildings from: 01.01.2011
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (lessor)**
**Not expressly regulated otherwise in the building regulations
Hessen
Mandatory for new buildings since: 2005
Mandatory for existing buildings from: 01.01.2015
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Mecklenburg-Vorpommern
Mandatory for new buildings since: 2006
Mandatory for existing buildings from: 01.01.2010
Responsibility assembly: Owner (tenant)
Responsibility for maintenance: Owner (lessor)**
**Not expressly regulated otherwise in the building regulations
Lower Saxony
Mandatory for new buildings since: 2012
Mandatory for existing buildings from: 01.01.2016
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
North Rhine-Westphalia
Mandatory for new buildings since: 2013
Mandatory for existing buildings from: 01.01.2017
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Rhineland-Palatinate
Mandatory for new buildings since: 2007
Mandatory for existing buildings from: 12.07.2012
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (lessor)**
**Not expressly regulated otherwise in the building regulations
Saarland
Mandatory for new buildings since: 2004
Obligation for existing buildings: No regulation
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (lessor)**
**Not expressly regulated otherwise in the building regulations
Saxony
Mandatory for new buildings since: 01.01.2016
Obligation for existing buildings: Not mandatory
Responsibility for assembly: Owner (lessor)
Responsibility Maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Saxony-Anhalt
Mandatory for new buildings since: 2009
Mandatory for existing buildings from: 01.01.2016
Responsibility for assembly: Owner (lessor)
Responsibility Maintenance: Owner (lessor)**
**Because not expressly regulated otherwise in the building regulations
Schleswig-Holstein
Mandatory for new buildings since: 2004
Mandatory for existing buildings from: 01.01.2011
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (tenant)*
*If the owner doesn't take the duty
Thuringia
Mandatory for new buildings since: 2008
Mandatory for existing buildings from: 01.01.2019
Responsibility for assembly: Owner (lessor)
Responsibility for maintenance: Owner (lessor)**
**Because it isn't expressly regulated otherwise in the building regulations
So are smoke detectors mandatory in every room?
The simple answer: No. The basic idea behind the smoke detector requirement is to protect residents from fire while they sleep. Therefore, smoke detectors are mandatory within all federal states for bedrooms, children's rooms, and - if these serve as escape routes - also in corridors.
Only in Berlin and Brandenburg does the requirement also apply to living rooms.
However, there is no legal requirement for the kitchen, although this is often where the greatest risk can lie. Since false alarms are more likely to occur while cooking, residents are not expected to install smoke detectors in kitchens.
Here you can quickly see where smoke detectors are mandatory:
1. Bedroom / Children's room
2. Corridors and escape routes
3. Only in Berlin and Brandenburg: All recreational rooms such as the living room
Furthermore, the obligation also applies to the following premises:
- Holiday apartments
- Recreational accommodation or lodging establishments (with max. 11 guest beds)
- Cottages or huts
-
Container rooms
And who has to install and take care of the maintenance of the smoke detectors?
You've been survived up to here. Very good! So now you know that no matter if you are an owner, landlord or tenant: You have to comply with the smoke detector requirement according to the laws of the federal state building regulations.
Now let's look at how the smoke alarm installation and maintenance is regulated.
Owners
If you are an owner and live in a condominium or a single-family house, you are responsible for the purchase, installation and regular maintenance of the smoke alarms. Regardless of the state, you must at least equip all bedrooms, children's rooms and corridors that are escape routes with smoke detectors.
It makes sense to also equip the remaining living rooms - on each floor - with smoke detectors. The smoke detector in Livy Protect will always warns you of any smoke development. At the same time, you benefit from the additional functions such as the smart burglary protection and the air quality measurements from the Air Monitor.
If you want to discover how Livy Protect can help you meet both the legal smoke detector requirements and make your home smart, click here.
Landlords
As a landlord, it is your responsibility to install smoke detectors in your tenants' apartments and to check their functionality as well as to carry out maintenance.
In some federal states, the state building code has shifted the responsibility for the maintenance to the tenant. However, the tenancy law is regulated in the German Civil Code (BGB) and abolishes this provision. This means that this obligation can only be transferred to your tenant if your tenant has agreed to it by contract.
Even in this case, you still have the so-called duty to implement safety precautions: You have to check whether your tenants have installed the smoke alarms competently and will take care of the maintenance. It is often easier, if you just do this yourself. Livy Protect can then reliably protect your living areas with very little maintenance.
After all: The purchase and installation of smoke detectors is considered to be a modernization of the living quarters. You can claim 11% of these costs in the form of a rent increase after you have informed your tenants about the measure.
Note: As the landlord, you are responsible for the costs of repairs if a fire should nevertheless occur. Therefore, we recommend that you install a smart smoke detector such as Livy Protect, which not only sounds an alarm in case of an emergency, but can also alert your neighbors and yourself via smartphone via the Community Function. This allows you to react even faster than usual in the case of a fire and possibly reduce the potential damage.
Renters
As a tenant you are not allowed to put already mounted and installed smoke detectors out of order, because your landlord has to follow the legal duty to equip. Of course you are allowed to install additional smoke detectors such as Livy Protect for additional protection or to replace defective smoke detectors by arrangement.
Always follow the state regulations which mandate where smoke detectors are mandatory. In any case, a fire alarm must be installed in every bedroom, children's room and in corridors that serve as escape routes (possibly after a transition period). If this is not the case, you should inform your landlord. You can install additional smoke detectors without the permission of your landlord.
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