Fire protection in businesses: Who bears the responsibility – tenant or landlord?
2 Jun 2025
5
Minutes
Katrin Straub
CEO at nextsure
A fire in a commercial property can have devastating consequences, from financial losses to endangering lives. But who is responsible for fire protection – the tenant or the landlord of the commercial space? This article clarifies the responsibilities and shows you how to minimize 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 rental spaces.
Clear regulations in the rental contract concerning cost distribution and responsibilities are essential for both parties to minimize liability risks.
Fire Safety Responsibility in Business: An Overview of Key Obligations
The landlord must hand over and maintain the commercial property in a condition that meets the legal fire safety requirements. This often includes providing and maintaining basic fire protection facilities in common areas. Tenants are responsible for fire safety within their occupied spaces, which may include the installation of specific, usage-related systems. A precise delineation in the lease agreement is essential for both parties. The costs for adapting to a new use are often borne by the landlord. This clear division helps to avoid conflicts later on.
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 the provision of escape and rescue routes. For example, they must ensure that firewalls are properly implemented and that there are at least two structural escape routes. The regular inspection and maintenance of these structural measures is a core duty of the landlord. The costs for the maintenance of fire protection facilities such as smoke detectors in communal areas can sometimes be passed on to tenants if this is contractually agreed. An appropriate residential building insurance can mitigate financial risks here. Neglecting these duties can have serious legal and financial consequences.
Operational and Organisational Fire Protection: The Role of the Tenant
The tenant of a commercial property is responsible for operational and organizational fire protection within their rental unit. This means they must ensure their operational processes do not create fire hazards. This includes preparing a risk assessment in accordance with occupational health and safety laws. For example, they must ensure escape routes in their premises are always clear and employees receive regular training. Providing and maintaining fire extinguishers for the specific use of the rental space is usually the tenant's responsibility. Training employees as fire safety assistants, often five percent of the workforce, is an important measure. The following points are central:
Creation and updating of escape and rescue plans for the rental unit.
Regular instruction to all employees on behavior in case of fire, at least once a year.
Appointment and training of fire protection and evacuation assistants, depending on the size of the business.
Ensuring the functionality of in-house fire protection facilities such as handheld fire extinguishers.
Keeping traffic routes, escape routes, and emergency exits within the rental space clear.
A business interruption insurance can help mitigate financial consequences in the event of damage. These measures are crucial to ensuring employee safety and minimizing liability risks.
Cost distribution and rental agreement: Who pays for what in fire protection?
The costs for fire protection are a common point of contention between tenant and landlord. Generally, the landlord bears the costs for structural fire protection measures and adjustments to changed regulations or a new type of use. Costs for the maintenance of communal facilities can often be passed on to tenants via ancillary costs, provided this is clearly and transparently stipulated in the lease agreement. An unclear clause regarding cost allocation can be invalid, as courts have already decided several times. For individual, usage-based fire protection measures within the rental space, the tenant is usually responsible for the costs. It is advisable to record all agreements regarding cost distribution in detail in the lease agreement to avoid future disagreements. A commercial legal protection insurance can assist in disputes.
Liability for Fire Safety Deficiencies: Consequences for Tenants and Landlords
If fire safety regulations are not complied with, both tenants and landlords can be held liable. The landlord is liable for defects in the building that lead to a fire or facilitate its spread. For example, if a faulty electrical cable in the wall is a cause of fire, this is usually the responsibility of the landlord. The tenant is liable if a fire arises due to their mode of operation or improper use of the rented property. For instance, if the tenant blocks escape routes with goods and this leads to personal injury, they can be held liable. Documentation of all fire protection measures taken is extremely important for both sides. In the event of damage, this may be crucial to demonstrate one's own diligence. A landlord liability insurance is essential for property owners. Clearly defining responsibilities in the rental agreement is also an important protective mechanism.
Expert Tips: Recent Judgments and Legal Pitfalls
The case law on fire protection in commercial tenancy law is constantly evolving. A ruling by the Federal Court of Justice (BGH) can, for example, redefine the allocability of maintenance costs. It was decided that clauses for transferring maintenance costs for communal facilities without an upper limit may be invalid. Our expert tip: Have your commercial lease regularly reviewed by professionals and adjusted to current legal developments. Pay special attention to clear wording regarding the transfer of obligations and cost bearing. ASR A2.2 "Measures against Fire" also provides specific guidelines for workplaces that are relevant to tenants. Early consultation with experts can help avoid costly mistakes and legal disputes. Consider taking out a rental income insurance policy to protect yourself from financial losses.
Specific fire protection requirements and prevention
Depending on the type of business, specific fire protection requirements may apply. A catering business has different risks and therefore different requirements than an office with ten employees. For businesses with increased fire risk, such as woodworking companies or chemical laboratories, more comprehensive fire protection concepts are often necessary. These concepts include detailed plans for structural, technical, and organizational measures. Our expert tip: Conduct a detailed risk assessment specific to your business to identify all relevant risks. This includes:
Identification of specific fire hazards (e.g. flammable storage materials, electrical equipment).
Assessment of the likelihood of a fire outbreak and possible impacts.
Establishment of protective measures (e.g. special extinguishing systems, compartmentalization).
Regular review and adjustment of the fire protection concept, at least every two years.
Documentation of all measures and reviews.
A property owner's liability insurance can provide additional security. Proactive prevention is the best protection against fires and their consequences.
Request a personalised risk analysis now
More useful links
The Wikipedia provides a comprehensive overview of fire protection.
On Gesetze im Internet, you can find the German Occupational Safety and Health 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.
The IHK Munich offers valuable information on commercial lease and tenancy agreements.
An article from Haufe discusses the responsibilities in fire protection law for commercial properties.
The Association for the Promotion of German Fire Protection (vfdb) is a central resource for information on 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 resulted from their operational activities or improper use. A thorough examination of the individual case is necessary.
Is it necessary to appoint a fire safety officer in every commercial enterprise?
A fire safety officer, whether external or internal, is not legally required in every company. The necessity depends on the risk assessment, the type and size of the company, as well as specific regulations (e.g., for retail premises, industrial buildings). However, the employer always remains responsible for fire safety.
How often must fire protection exercises be conducted in businesses?
The frequency of fire and evacuation drills depends on the risk assessment. Generally, they should be conducted at least once a year to ensure all employees are familiar with the emergency plans.
What happens if escape routes in commercial areas 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 common areas) can be fined for violations and held liable in the event of damage.
Are smoke detectors mandatory in commercial premises?
A general obligation for smoke detectors, as is the case in private homes, does not comprehensively apply to commercial premises in most federal states. However, the Technical Rules for Workplaces (e.g., ASR A2.2) require fire alarm systems depending on the level of risk. Fire alarm systems are often mandatory in larger or higher-risk businesses.
Which insurance is important for fire protection in business?
Landlords fundamentally need a <a href="/solutions/subsolutions/wohngebaeudeversicherung">buildings insurance</a> and a <a href="/solutions/subsolutions/vermieterhaftpflicht-einfamilienhaus">landlord liability insurance</a>. Tenants should consider contents insurance (covers damage to belongings) and a <a href="/solutions/subsolutions/betriebsunterbrechungsversicherung">business interruption insurance</a>. A <a href="/solutions/subsolutions/gewerbliche-rechtsschutzversicherung">commercial legal expenses insurance</a> can be helpful in disputes.
