Winter service – a must even without white winters
In Leipzig, snow-covered sidewalks are the exception rather than the rule. Nevertheless, icy conditions and slippery surfaces can quickly become a hazard. Regardless of whether there is snow or not, it is important to know your obligations during the cold season. Anyone who fails to comply with their snow clearing and gritting obligations risks not only accidents, but also legal consequences. Therefore, both tenants and owners should be informed in order to ensure safety on the sidewalks.
Legal basis
In Germany, property owners are obliged to remove sources of danger such as snow and ice on footpaths in order to prevent accidents. This duty to ensure road safety arises from Section 823 of the German Civil Code (BGB).
In Leipzig, the winter service statutes regulate the specific duties of residents. According to this, property owners are responsible for clearing and gritting the footpaths and shared footpaths and cycle paths adjacent to their property.
The winter maintenance obligation applies from 7:00 a.m. to 8:00 p.m. on weekdays and from 8:00 a.m. to 8:00 p.m. on Sundays and public holidays. During this time, sidewalks must be cleared of snow and ice to a width of at least 1.20 meters to ensure safe walking. It is important to note that the use of road salt on sidewalks in Leipzig is not permitted, as it can cause lasting damage to street trees. Instead, blunting agents such as grit, sand or granulate should be used.
Responsibilities for rental properties
In Leipzig, property owners are legally obliged to clear snow and ice from sidewalks.
Obligations of the landlord:
– Basic responsibility: The landlord is primarily responsible for traffic safety and must ensure that walkways in front of the property are safe to walk on.
– Delegation of the snow clearing obligation: The delegation of the snow clearing obligation to tenants is only effective if it is expressly stipulated in the tenancy agreement or in binding house rules. A mere notice in the stairwell is not sufficient.
– Duty to monitor: Even after the transfer, the landlord remains responsible for monitoring the proper execution of the winter service. If he fails to do so, he can be held liable in the event of damage.
Responsibilities for homeowners’ associations (WEG)
In homeowners’ associations (WEG), the responsibility for clearing snow and gritting in icy conditions generally lies with the community of owners. This obligation includes both the sidewalks in front of the building and the communal areas within the property.
Responsibility of the WEG
– Community obligation: The COA is obliged to ensure road safety on the common areas. This includes the removal of snow and ice to prevent accidents.
– Internal regulations: Specific regulations for carrying out winter maintenance are often laid down in the community rules or by resolutions of the owners’ meeting. This can include the commissioning of an external service provider or the transfer of duties to individual owners or tenants.
Role of property management
– Organization of the winter service: The property management often takes over the coordination of the winter service, especially if this has been expressly agreed in the management contract. For example, it can commission a janitor service or an external cleaning company to clear the snow.
– Monitoring implementation: Regardless of whether the property management company itself or an external service provider carries out the winter maintenance, it is the responsibility of the management company to monitor the proper fulfillment of the clearing and gritting obligations. This serves to ensure road safety and minimize liability risks for the condominium.
In a condominium, the community of owners is responsible for clearing the snow. The property management company plays a crucial role in organizing and monitoring the winter service to ensure the safety of all residents and passers-by and to minimize liability risks.
What is part of the duty to clear and grit?
In Leipzig, property owners are obliged to clear snow and ice from the sidewalks and shared footpaths and cycle paths adjacent to their property in order to ensure pedestrian safety. This obligation covers several aspects:
Scope of the evacuation:
– Footpaths: The footpath must be cleared to a width of at least 1.20 meters so that two people can pass each other unhindered. On narrower paths, the entire width of the sidewalk must be kept clear.
– Access points: Access points to intersections, passenger shelters and bus stop areas must be cleared so that pedestrians can safely board buses and trains.
– Hydrants and gate valves: These and the access points to them must be kept free of snow and ice.
Timing requirements:
– Working days: The obligation to clear and grit applies from 7:00 to 20:00.
– Sundays and public holidays: The obligation applies from 8:00 to 20:00.
– If necessary: repeated clearing and gritting is required in the event of persistent snowfall or renewed icy conditions.
Suitable spreading material:
– Blunting agents: To combat slipperiness, primarily use blunting gritting materials such as sand, grit or granulate.
– Prohibition of road salt: The use of road salt is generally not permitted, as it flows into the tree grates in thawing weather and could cause lasting damage to the street trees. Exceptions only apply in special cases such as black ice.
Disposal of the snow:
– Storage: The cleared snow can be pushed into the front garden or to the edge of the sidewalk. Do not push it into gutters, drains, driveways, exits or cycle paths.
– Keep drains clear: A shovel width should be kept clear in snow banks every five meters to allow condensation to run off.
Summary:
The clearing and gritting obligation in Leipzig requires a prudent approach to ensure safety on footpaths. By complying with these regulations, property owners and authorized persons actively contribute to accident prevention.
Practical tips for implementing the clearing and gritting obligation
Compliance with the obligation to clear and grit is crucial to avoid accidents and prevent legal consequences. Here are some practical tips:
Deployment of clearing and gritting services:
– Professional support: For property owners who cannot or do not wish to fulfill their duties themselves, it is a good idea to hire a professional winter service. These services take care of regular clearing and gritting in accordance with local regulations. The costs vary depending on the provider and the scope of services.
– Contractual regulations: When concluding a contract with a winter service provider, the exact services, operating times and responsibilities should be clearly defined to avoid misunderstandings.
Checklist for tenants and owners:
1. contract review: Check your rental or ownership contract for clauses on the obligation to clear and grit. If you are obliged to do this, the details should be specified there.
2. provide equipment: Ensure that suitable tools such as snow shovels and brooms as well as environmentally friendly gritting material (e.g. sand or grit) are available.
3. observe the operating times: Adhere to the prescribed clearing times: from 7:00 a.m. on weekdays and from 8:00 a.m. on Sundays and public holidays. In the event of persistent snowfall or icy conditions, it may be necessary to clear and grit several times a day.
4. organize a replacement: If you are absent, for example due to vacation or illness, you should organize a replacement to take over your duties.
5. documentation: Keep a log of the clearing and gritting measures carried out. This can serve as proof in the event of a dispute.
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