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Fire protection in businesses: Who bears the responsibility – tenant or landlord?
A fire in a commercial establishment 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 rental spaces.
Clear regulations in the rental agreement regarding cost distribution and responsibilities are essential for both parties to minimize liability risks.
Fire Protection Responsibility in the Workplace: Key Duties at a Glance
The landlord must hand over and maintain the commercial property in a condition that meets the statutory fire protection requirements. This often includes providing and maintaining basic fire protection equipment in communal areas. Tenants are responsible for fire protection within their own utilized areas, which may include the installation of specific, usage-related systems. A clear delineation in the rental contract is essential for both parties. The cost of adapting to a new usage is often borne by the landlord. This clear division helps avoid future conflicts.
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, he must ensure that firewalls are properly executed 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, under certain circumstances, be passed on to the 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 the operational and organisational fire protection within their rental unit. This means they must ensure that their operational processes do not pose fire hazards. This includes conducting a risk assessment in accordance with occupational safety laws. For example, they must ensure that escape routes in their premises are always kept clear, and that employees are regularly instructed. The provision and maintenance of fire extinguishers for the specific use of the rental area is generally the responsibility of the tenant. Training employees as fire safety assistants, often five percent of the workforce, is an important measure. The following points are essential:
Creation and updating of escape and rescue plans for the rental unit.
Regular instruction of all employees on behaviour in the event of a fire, at least once a year.
Appointment and training of fire safety and evacuation assistants, depending on the size of the business.
Ensuring the functionality of in-house fire protection equipment, such as handheld fire extinguishers.
Keeping traffic routes, escape routes, and emergency exits within the rental area clear.
Business interruption insurance can help mitigate the financial consequences in the event of damage. These measures are crucial to ensuring the safety of employees and minimising liability risks.
Cost distribution and rental agreement: Who pays what in fire protection?
The costs for fire protection are a frequent point of contention between tenant and landlord. In principle, 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 service charges, provided this is clearly and transparently stipulated in the rental agreement. An unclear clause regarding cost allocation can be invalid, as courts have repeatedly ruled. For individual, usage-related fire protection precautions within the rental area, the tenant is usually responsible for the costs. It is advisable to record all agreements on cost distribution in detail in the rental agreement to avoid future discrepancies. A commercial legal protection insurance can assist in disputes.
Expert Tips: Current Judgments and Legal Pitfalls
Legal developments in fire protection within commercial tenancy law are constantly evolving. A ruling by the Federal Court of Justice (BGH) can, for instance, redefine the allocation of maintenance costs. It has been decided that clauses for transferring maintenance costs of communal facilities without a ceiling can be invalid. Our expert tip: Have your commercial lease agreement regularly reviewed by professionals and adjusted to the current judicial decisions. Pay particular attention to clear formulations regarding the transfer of obligations and cost bearing. The ASR A2.2 "Measures against Fires" also provides specific guidelines for workplaces, which are relevant for tenants. Early consultation with experts can help avoid costly mistakes and legal disputes. Consider taking out rental income insurance 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 faces different risks and therefore has different requirements compared to an office with ten employees. For businesses with an increased fire risk, such as wood processing companies or chemical laboratories, more comprehensive fire protection plans are often necessary. These plans include detailed designs for structural, technical, and organisational measures. Our expert tip: Conduct a detailed risk assessment specific to your business in order 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 consequences.
Determination of protective measures (e.g., special extinguishing systems, fire compartmentation).
Regular review and adjustment of the fire protection plan, at least every two years.
Documentation of all measures and inspections.
Property owner's liability insurance can provide additional security. Proactive prevention is the best protection against fires and their consequences.
Request your personal risk analysis now
Responsibility for fire protection in commercial settings is complex and shared between tenants and landlords. Careful planning, clear contractual agreements, and the consistent implementation of all necessary measures are crucial to protect lives and preserve assets. Given the potentially high damage and strict legal requirements, professional coverage is indispensable. Have your insurance situation reviewed at no cost and receive concrete suggestions for optimization. Request your individual risk analysis from nextsure now and ensure optimal protection.
More useful links
The Wikipedia offers a comprehensive overview of fire protection.
On Gesetze im Internet, you can find the German Occupational Health and Safety Act (ArbSchG).
The Arbeitsstättenverordnung (ArbStättV) is also available on Gesetze im Internet.
The DGUV (Deutsche Gesetzliche Unfallversicherung) provides documents and information on occupational safety.
The IHK München offers valuable information on commercial lease agreements and tenancy agreements.
An article by Haufe highlights the responsibilities in fire protection law for commercial properties.
The Vereinigung zur Förderung des Deutschen Brandschutzes (vfdb) is a central point of contact for information related to 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 responsible if the fire was due to their business activities or improper use. A thorough examination of the individual case is necessary.
Must every business appoint a fire safety officer?
An external or internal fire safety officer is not legally required for every business. The necessity is determined by the risk assessment, the type and size of the business, and specific regulations (e.g., for retail outlets, industrial buildings). However, the employer always remains responsible for fire safety.
How often must fire drills 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 emergency plans.
What happens if escape routes in a business 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 face fines for violations and be held liable in case of damage.
Are smoke detectors mandatory in commercial premises?
There is no general requirement for smoke detectors in commercial premises as there is for private residences in most federal states. However, the Technical Rules for Workplaces (e.g., ASR A2.2) require fire alarm systems depending on the risk. Fire alarm systems are often mandatory in larger or high-risk businesses.
Which insurance is important for fire protection in commerce?
For landlords, a property insurance and landlord liability insurance are fundamental. Tenants should consider contents insurance (covers damage to inventory) and business interruption insurance. A commercial legal protection insurance can assist in disputes.
