Whoever becomes the owner of a house has, on the one hand, many rights and freedoms that he may exercise on his property and in his house. For example, the house can be sold or rented, renovated and changed in the interior. It can also be vacant or encumbered. The rights of homeowners are governed by Section 903 of the German Civil Code. These apply as long as and to the extent that they do not interfere with the rights of third parties and the general welfare.
On the other hand, a homeowner also has numerous duties that he must fulfill. In principle, he is responsible for ensuring that no danger arises from his property for third parties and that the general welfare is not endangered. His duties include, among others, the duty to ensure traffic safety and the duty to clear and grit. In the case of the duty to ensure road safety, all surfaces on the property and on the building, all components as well as installations and equipment must be kept and treated in such a safe manner that no damage may be caused to a third party. In winter, the obligation to clear and grit the roads applies. House owners must clear the sidewalks in front of the house of snow and ice and, if necessary, grit them, otherwise they pose a danger to third parties.
The so-called obligation of use allows the owner of the house to use his premises as provided for in the building regulations. Here, for example, a distinction must be made between a residential building and a property used for commercial purposes. If municipal construction measures have to be carried out, such as the laying of pipes for water or energy supply, the obligation to tolerate applies to homeowners. In addition, owners are obligated to comply with and implement the regulations of the Building Energy Act in the area of energy-related renovation.
Source: IVD
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