Germany is a nation of tenants. According to the Federal Statistical Office, the majority of German households live in rented accommodation. Even though they do not own their homes, most tenants still want to personalise their apartments to suit their own tastes. This can quickly lead to disagreements with the landlord, as structural alterations generally require the landlord’s consent. But what exactly is considered a structural alteration requiring approval?
“Whenever you interfere with the building’s structure, it constitutes a structural alteration,” explains the German property owners’ association Haus & Grund Deutschland. Strictly speaking, this means that even hammering a nail into a wall could be regarded as a structural alteration. In practice, however, Haus & Grund states that tenants are permitted to use nails or wall plugs without obtaining their landlord’s consent, as hanging a picture or installing a shelf is considered part of normal residential use.
Anything beyond this should be discussed with the landlord. This does not only apply to major work, such as installing or removing partition walls or creating an opening in a wall. It also applies when a tenant wants to replace the tiles in the bathroom or install a door viewer. Removing the bathtub and replacing it with a whirlpool bath is also not permitted without further consultation, as this will generally affect the building’s structure.
In principle, landlords are free to reject their tenants’ plans for structural alterations. After all, the work would be carried out on their property. However, even when the landlord agrees to the proposed alterations, the tenant should not simply start the work immediately. It is strongly recommended that all agreements be recorded in writing so that both parties have legal certainty.
In addition to obtaining the landlord’s consent, further questions relating to the planned alterations should also be clarified. A written agreement made in advance can prevent unpleasant surprises, particularly regarding what will happen to the alterations at the end of the tenancy and who will be responsible for the cost of restoring the property to its original condition.
Another option is for the tenant to provide a deposit that can be used to cover potential damage or restoration work. This could be a suitable compromise if the landlord has concerns about approving the tenant’s plans. While holes from wall plugs and similar minor cosmetic damage can usually be repaired quickly and inexpensively, removing a drywall partition installed to create an additional recess or separate area within the apartment may involve considerably more work.
Of course, not every tenant plans to install a partition wall or a whirlpool bath. However, one issue that is relevant to many tenants is painting the walls. Tenants are generally free to choose whichever colours they like. When moving out, however, they must return the apartment in a colour scheme that is considered neutral, according to the German Tenants’ Association.
Nevertheless, tenants are not automatically required to repaint the rooms simply because the landlord does not approve of their choice of colour. Different rules may apply only in cases involving particularly extreme colour schemes. Light-green marbled wallpaper in a hallway, for example, is not considered sufficiently eccentric to fall into this category.
As a general rule, anything that does not affect the building’s structure is permitted. In addition to painting the walls, this includes installing a fitted kitchen or laying carpet. However, tenants who intend to glue the carpet to the floor should be aware that stubborn adhesive residue may have to be removed when they move out.
When in doubt, tenants should always consult their landlord before carrying out any alterations. This is the safest way to avoid subsequent disputes.
