Winter Service Regulations: What Property Owners Must Know
When the first snow falls, a stressful time begins for many property owners and facility managers. The legal obligation to clear snow and grit icy paths (known in Germany as Verkehrssicherungspflicht or Räum- und Streupflicht) requires quick and reliable action. Those who are negligent face significant legal and financial consequences in the event of an accident.
In this article, we summarize the most important regulations for property owners in Germany and show you how to safely get through the winter season.
Who is responsible for winter maintenance?
Fundamentally, the legal responsibility lies with the owner of the property. This duty covers adjacent public sidewalks, building entrances, driveways, and access paths to waste disposal areas.
Delegating to Tenants
Owners can delegate the clearing obligation to their tenants via the lease agreement. Simply mentioning it in the house rules (Hausordnung) is generally not enough – the clause must be a mandatory part of the lease.
Important: Even if the duty has been delegated, the supervisory obligation remains with the owner. If a tenant fails to fulfill their duty (e.g., due to illness or vacation) and an accident occurs, the owner can still be held (co-)liable.
When and how often must clearing take place?
The exact times are determined by the bylaws of the respective cities and municipalities (e.g., in Siegburg, Cologne, or Bonn). However, the following general guidelines usually apply:
- Weekdays: Paths must be passable without danger between 07:00 AM and 08:00 PM.
- Sundays and Public Holidays: The clearing obligation often starts one to two hours later, usually from 08:00 AM or 09:00 AM.
In the case of heavy and continuous snowfall, it is not enough to clear just once a day. The paths must be repeatedly cleared and gritted as soon as the weather permits.
Which gritting materials are permitted?
To protect the environment and groundwater, the use of road salt is strictly prohibited in almost all municipalities. Exceptions usually only apply during extreme weather conditions (freezing rain) or in dangerous areas such as stairs or steep inclines.
Permitted and recommended are dulling materials such as:
- Sand
- Gravel / Grit (Split)
- Granules
Keep in mind: At the end of the winter season, the gritting material must be swept up and removed from the paths.
The Safest Solution: A Professional Winter Service
Due to the strict regulations and high liability risks, an increasing number of owners and property management companies are choosing to outsource their winter service to professional facility management and cleaning companies.
The advantages are obvious:
- No Liability Risk: By signing a contract, the liability for accidents (within the scope of the contractual agreements) is transferred to the service provider.
- Reliability: Service providers monitor the weather and often mobilize in freezing conditions before the city even wakes up.
- Peace of Mind: No more complaints from tenants and no more coordination efforts when residents are sick or on vacation.
Looking for support for your property?
HMS Leka offers a reliable, punctual, and legally compliant winter service for properties in Siegburg, Bonn, Cologne, and the Rhein-Sieg district. Contact us in good time before the season for a non-binding quote and secure your capacity for a stress-free winter!
