Fire protection in commercial premises: Who bears responsibility – tenant or landlord?
02.06.25
12
Minutes
Katrin Straub
Managing Director at nextsure
A fire at a commercial business can have devastating consequences, from financial losses to endangering human lives. But who is responsible for fire protection—the tenant or the landlord of the commercial premises? This article clarifies the responsibilities and shows you how to minimise risks.
The topic in brief and concise terms
Landlords are primarily responsible for structural fire protection and compliance with general regulations.
Tenants are responsible for operational fire protection and the safe use of their leased premises.
Clear provisions in the tenancy agreement on cost allocation and responsibility are essential for both parties in order to minimise liability risks.
Fire safety responsibilities in commercial premises: the key obligations at a glance
The landlord must hand over and maintain the commercial property in a condition that meets the statutory fire safety requirements. This often includes providing and maintaining basic fire protection equipment in common areas. Tenants are responsible for fire safety within the areas they use, which may include the installation of specific systems required by the intended use. Clear delineation in the lease agreement is essential for both parties. The cost of adapting the premises for a new use is often borne by the landlord. This clear allocation helps avoid later disputes.
Structural fire protection: the foundation of safety provided by the landlord
The landlord is responsible for the structural fire protection of the entire property. This includes compliance with building regulations, such as the use of approved building materials and ensuring escape and rescue routes. For example, they must ensure that firewalls are correctly constructed and that there are at least two structural escape routes. Regular inspection and maintenance of these structural measures is a core duty of the landlord. The costs of maintaining fire protection equipment such as smoke alarms in communal areas may, under certain circumstances, be passed on to tenants if this has been contractually agreed. Suitable buildings insurance can help mitigate financial risks here. Failure to fulfil these duties can have serious legal and financial consequences.
Operational and Organisational Fire Safety: The Tenant's Role
The tenant of a commercial property is responsible for operational and organisational fire safety within their leased unit. This means they must ensure that their business processes do not create fire hazards. This includes carrying out a risk assessment in accordance with the Occupational Health and Safety Act. For example, they must ensure that escape routes in their premises are always kept clear and that employees receive regular training. The provision and maintenance of fire extinguishers for the specific use of the leased area is usually the tenant's responsibility. Training employees as fire wardens, often five per cent of the workforce, is an important measure. The following points are key:
Creation and updating of escape and rescue plans for the leased unit.
Regular instruction of all employees on how to act in the event of a fire, at least once a year.
Appointment and training of fire safety and evacuation wardens, depending on the size of the business.
Ensuring that company-owned fire protection equipment, such as handheld extinguishers, is operational.
Keeping thoroughfares, escape routes and emergency exits clear within the leased area.
A business interruption insurance can help mitigate the financial consequences in the event of a loss. These measures are crucial to ensuring employee safety and minimising liability risks.
Cost allocation and tenancy agreement: Who pays for what in fire protection?
The costs of fire protection are a common point of contention between tenant and landlord. As a general rule, the landlord bears the costs of structural fire protection measures and any adjustments required due to changed regulations or a new type of use. Costs for the maintenance of jointly used systems can often be passed on to tenants via service charges, provided this is clearly and transparently regulated in the tenancy agreement. An unclear clause on cost allocation may be invalid, as courts have already ruled several times. For individual fire protection measures within the rented premises that are required due to the specific use, the tenant is usually responsible for the costs. It is advisable to set out all agreements on cost allocation in detail in the tenancy agreement in order to avoid later discrepancies. A commercial legal expenses insurance policy can help in the event of disputes.
Liability for fire protection defects: consequences for tenants and landlords
If fire safety regulations are not complied with, both tenants and landlords may be liable. The landlord is liable for defects in the building that cause a fire or promote its spread. For example, if a defective electrical cable in the wall is the cause of a fire, this is usually the landlord's responsibility. The tenant is liable if a fire is caused by the way they operate or by improper use of the rented property. If, for example, the tenant blocks escape routes with goods and personal injury occurs, they may be held liable. Documenting all fire protection measures carried out is extremely important for both parties. In the event of a claim, this can be crucial in proving due diligence. A Landlord liability insurance is essential for property owners. Clarifying responsibilities precisely in the tenancy agreement is also an important protective measure here.
Expert tips: Current rulings and legal pitfalls
Case law on fire protection in commercial tenancy law is continuously evolving. A ruling by the Federal Court of Justice (BGH), for example, can redefine the recoverability of maintenance costs. It has been decided, for instance, that clauses transferring maintenance costs for communal facilities without an upper limit may be invalid. Our expert tip: have your commercial tenancy agreement reviewed regularly by specialists and adapted to the current case law. Pay particular attention to clear wording regarding the transfer of obligations and responsibility for costs. ASR A2.2 “Measures against fires” also sets out specific requirements for workplaces that are relevant to tenants. Early advice from experts can help avoid costly mistakes and legal disputes. Also consider rent loss insurance to protect yourself against financial losses.
Depending on the type of business, specific fire protection requirements may apply. A catering business has different risks and therefore different obligations than an office with ten employees. For businesses with an increased fire risk, such as wood-processing companies or chemical laboratories, more extensive fire protection concepts are often required. These concepts include detailed plans for structural, technical and organisational measures. Our expert tip: Carry out a detailed risk assessment specifically for your business to identify all relevant risks. These include:
Identification of specific fire hazards (e.g. flammable stored materials, electrical equipment).
Assessment of the likelihood of a fire breaking out and its possible impact.
Definition of protective measures (e.g. special extinguishing systems, compartmentalisation).
Regular review and adjustment of the fire protection concept, at least every two years.
Documentation of all measures and inspections.
Property owner liability insurance can provide additional peace of mind. Proactive prevention is the best protection against fires and their consequences.
Request your individual risk analysis now
Responsibility for fire protection in commercial premises is complex and is shared between tenant and landlord. Careful planning, clear contractual arrangements and the consistent implementation of all necessary measures are crucial to protect lives and preserve assets. Given the potentially high levels of damage and the strict legal requirements, professional cover is essential. Have your insurance situation reviewed free of charge and receive specific recommendations for improvement. Request your individual risk analysis from nextsure now and ensure optimal protection.
More useful links
Wikipedia provides a comprehensive overview of fire protection.
On Gesetze im Internet you can find the German Occupational Health and Safety Act (ArbSchG).
The Workplace Ordinance (ArbStättV) is also available on Gesetze im Internet.
The DGUV (German Social Accident Insurance) provides documents and information on occupational safety and health.
The IHK Munich offers valuable information on commercial lease agreements and tenancy agreements.
An article by Haufe sheds light on responsibilities under fire protection law for commercial properties.
The Association for the Promotion of German Fire Protection (vfdb) is a central point of contact for information on all aspects of fire protection.
FAQ
Who is liable in the event of a fire in rented commercial premises?
Liability depends on the cause of the fire and the responsibilities involved. The landlord may be liable if defects in the building were the cause. The tenant is liable if the fire arose from their business activity or improper use. A thorough review of the individual case is necessary.
Does a fire safety officer have to be appointed in every commercial enterprise?
An external or internal fire protection officer is not legally required in every business. The need arises from the risk assessment, the type and size of the business, as well as specific regulations (e.g. for retail premises, industrial buildings). However, the employer always remains responsible for fire protection.
How often must fire drills be carried out in commercial premises?
The frequency of fire safety and evacuation drills depends on the risk assessment. As a rule, they should be carried out at least once a year to ensure that all employees are familiar with the emergency plans.
What happens if escape routes in commercial premises are blocked?
Blocked escape routes represent a significant safety deficiency and can be life-threatening in the event of a fire. Both the tenant (for their areas) and the landlord (for communal areas) can be fined for breaches and may be liable in the event of damage.
Are smoke alarms compulsory in commercial premises?
There is generally no nationwide obligation for smoke alarms in commercial premises, as there is in private homes, in most federal states. However, the Technical Rules for Workplaces (e.g. ASR A2.2) require fire detection systems depending on the level of risk. In larger businesses or those with a higher risk, fire alarm systems are often mandatory.
Which insurance is important for fire protection in business?
For landlords, a residential building insurance policy and landlord liability insurance are essential. Tenants should consider contents insurance (covers damage to contents) and business interruption insurance. A commercial legal expenses insurance policy can help in disputes.
