Who is liable if a roof tile or snow from a roof hits someone in Germany?
In short
Usually the owner of the house. If a roof tile falls, section 836 of the German Civil Code (BGB) presumes fault unless the owner proves proper maintenance. For snow from a roof, he is liable only if he skipped reasonable precautions. If you live in the house, personal liability insurance pays; a rented house needs landlord liability cover, often EUR 30 to 70 a year.
Guide prices in Germany for the insurance that pays for damage from roof tiles and roof avalanches.
Example
Typical range
Personal liability for singles, including the house you live in
about EUR 40 to 120 a year
Personal liability for families
about EUR 60 to 180 a year
Good family tariff without deductible
from about EUR 48 to 80 a year
Landlord liability insurance in general
about EUR 30 to 70 a year
Guide prices, October 2026, from published tariff examples.
The amounts in the worked example are guide values from quoting practice.
Worked example
Loose tile hits a parked car
After an autumn storm a tile falls from a rented two family house onto a car parked at the kerb. The tile had been out of place before.
Dent and paint damage on the bonnet
about EUR 1,500 to 3,000
Assessor's report
about EUR 300 to 600
Hire car or loss of use for a few days
about EUR 150 to 400
Defence under section 836 BGB
fails, the defect was visible
About EUR 2,000 to 4,000 owed by the owner. With landlord liability insurance the insurer pays; without it, the owner pays himself.
Roof tiles: the burden of proof is reversed
If a tile, a piece of sheet metal or part of the facade comes loose and injures someone or damages a car, section 836 BGB applies. The possessor of the property is liable if the detachment results from faulty construction or poor maintenance. He escapes liability only by proving that he took the necessary care. So the injured person does not have to show that the roof was badly kept.
The law means the person who holds the house as his own, usually the owner. Someone who has taken over maintenance of the building, such as a property manager or a usufructuary, is equally liable under section 838 BGB. A previous owner is still liable for one year after his possession ends if a tile falls during that time.
Snow and icicles from the roof
A roof avalanche (Dachlawine) is not part of the building. So the reversed burden of proof for roof tiles does not apply to snow and icicles. Instead the general duty to keep the property safe (Verkehrssicherungspflicht) applies: under section 823 BGB the owner is liable only if he culpably did too little, and the injured person has to show this.
What is reasonable depends on the case: the amount of snow, the pitch of the roof, and whether a pavement or parking spaces lie beneath it. If large icicles hang visibly over an entrance, cordoning off, warning or removing them is the obvious step. Anyone who parks a car right under a visible threat of a roof avalanche may have to accept contributory fault under section 254 BGB.
Storms: when the owner is not liable
Liability for roof tiles is not liability without fault. If an exceptionally strong storm tears tiles off a roof that was properly laid and regularly checked, the owner can clear himself. He needs evidence, such as roofer invoices or photos of an inspection.
If tiles were already loose or out of place before the storm, the storm is no excuse. Check your roof after every heavy storm and before winter, even from the ground with binoculars, and have damage repaired promptly.
Which insurance pays
If you live in your own detached house or owner occupied flat, your liability as owner is included in personal liability insurance. The German insurance association names tiles, icicles and snow injuring passers by as examples. The insurer also checks whether you are liable at all and fends off unjustified claims.
If you rent out a house or it is a multi family building, you need landlord liability insurance (Haus- und Grundbesitzerhaftpflicht). In a condominium the owners' association usually takes it out for roof and facade. Damage to your own car under your own roof is not covered by liability insurance, because it only pays for damage to others.
Situation
Who is liable
Which insurance pays
Detached house you live in
owner
personal liability insurance
Rented house or multi family building
owner or landlord
landlord liability insurance
Condominium, roof is common property
owners' association
association's liability insurance
Rented flat
landlord, not the tenant
landlord's liability insurance
Well maintained roof, hurricane force storm
often nobody
none, the victim bears his own loss
When you need no extra cover
As a tenant you are not liable for the roof; that is the landlord's job. If you live in your own house and rent nothing out, a good personal liability policy is enough and you need no separate landlord liability insurance for roof damage.
Do check that your personal liability policy actually names the house and whether a rented granny flat (Einliegerwohnung) is included. Older German policies are sometimes narrower than new ones.
Step by step
Find out who owns the house and whether it is owner occupied or rented out.
Check whether the damage came from a part of the building such as a tile, or from snow and ice.
Take photos of the roof, the spot and the damage, and note witnesses.
Report the claim to the relevant liability insurer and do not admit fault in advance.
As owner, keep maintenance records and roofer invoices ready.
Checklist
Personal liability policy names the house you live in
Landlord liability insurance for rented houses
Cover of at least EUR 10 million
Roof checked after heavy storms and before winter
Records of maintenance and repairs kept
Pavement cordoned off or warning given for large icicles or snow slabs
Common mistakes
Assuming a storm always clears the owner, even if tiles were loose before
Leaving a rented house covered only by personal liability insurance
Keeping no records of roof inspections
Admitting full fault in writing at the scene
Questions and answers
Frequently asked
Is the tenant liable if snow falls from the roof?
As a rule no.
The roof is the owner's responsibility.
It can differ if the tenancy agreement expressly makes the tenant responsible for the roof,
which is rare.
Do I have to clear snow from my roof as an owner?
There is no general duty.
But if a roof avalanche clearly threatens a pavement or entrance,
you must take reasonable precautions, such as warning, cordoning off or having the roof cleared.
Who pays if my own car is damaged under my own roof?
Not your liability insurance, which only pays for damage to others.
Whether your comprehensive car insurance pays depends on its conditions and on the cause.
Is a warning sign enough?
A sign does not replace cordoning off or removal when the danger is acute.
Whether it suffices depends on the snow and the location.
Is the seller still liable after selling the house?
Yes, for up to one year after his possession ends,
if a part comes loose in that time and he cannot prove the necessary care.
