# Property owner liability in Germany: when your building or land injures someone > If you let a house in Germany or own land you do not live on, you are liable for the hazards it creates: a loose roof tile, an icy pavement, a rotten tree. Personal liability insurance usually covers only the home you live in. Everything else needs Haus- und Grundbesitzerhaftpflicht, property owner liability. Quelle/Source: https://www.nammert.com/en/insurance-broker-property-owner-liability.php Updated: 2026-10-31 ## Do I need property owner liability if I live in my own house? Usually not. If you live in a detached house you own, German personal liability policies normally include your liability as owner, often also a granny flat you let out. You need a separate policy for a rented house, an apartment building, a house you do not live in, and undeveloped land. Your personal liability terms show what is included. ## At a glance - **Legal requirement:** none - **Legal basis:** Sections 823 and 836 of the German Civil Code (BGB) - **Sum insured:** at least EUR 10 million combined, as recommended by Finanztest - **Guide price, apartment building:** from about EUR 43 a year, Finanztest 5/2024 - **Premium basis:** usually gross annual rent, for land the plot size ## The duty to keep your property safe German courts derive a general duty of care from section 823 BGB: whoever opens a property to others must keep it safe. For owners that means clearing snow and gritting paths in winter, safe stairs and railings, working lighting, and checking trees regularly. The duty applies to tenants, visitors, delivery staff and passers by alike. Section 836 BGB is stricter for buildings. If a building collapses or parts come loose, such as roof tiles or bits of facade, the law presumes the owner was at fault. You then have to prove that the building was properly maintained and inspected. If you cannot, you pay. ## Where personal liability stops Most German personal liability policies include the house or flat you live in, and many also a granny flat or a single owned apartment that you let. A whole rented house, an apartment building, a holiday home let to guests and an undeveloped plot usually fall outside. Insurers draw these lines differently, so check your own policy wording. In a German condominium (Wohnungseigentum) the owners association is responsible for the roof, stairwell and grounds. The property manager takes out a separate property owner liability policy for these common parts. As an individual owner you then only need cover for your own unit, which personal liability often provides. ## Handing winter clearing to tenants Many landlords transfer snow clearing to tenants through the lease or house rules, or hire a caretaker service. That is allowed, but it does not end your responsibility. You must still check that the work is actually done. If a pedestrian falls, the court will ask whether you did. This is where the policy earns its keep a second time: it also defends unjustified claims and pays for lawyers and court costs. With injury claims that can run for years, that defence matters as much as the payment itself. ## What is covered - Bodily injury, property damage and resulting financial loss caused by the insured building or land - Defence against unjustified claims, including in court - Breach of the duty to clear snow and grit, even when handed to others - Falling roof tiles, facade parts, snow and ice from the roof - Falling trees and branches - Claims by tenants for injuries in the building - Smaller building and renovation work up to a sum stated in the policy - Sewage and backflow damage to neighbours, depending on the policy - Liability as operator of a rooftop solar system, depending on the policy ## What is not covered - Damage to your own building, which buildings insurance covers - Water pollution from a heating oil tank, which needs separate water damage liability - Larger construction projects above the agreed sum, which need builder liability - Commercial units that were not declared - Rent loss and disputes with tenants over rent or service charges - Deliberately caused damage ## Who needs it - Landlords of houses and apartment buildings in Germany - Owners of a house they do not live in, including while it stands empty - Owners of undeveloped plots, gardens and leisure land - Owners associations for common property - Heirs of a house until it is sold or let ## Who does not need it - Owner occupiers whose personal liability policy includes the house - Owners of a single rented apartment if personal liability covers it ## What it costs Property owner liability is one of the cheaper policies in Germany, but prices vary widely between insurers. In the Finanztest comparison, the same cover for an apartment building cost several times more with the most expensive insurer than with the cheapest. | Example | Typical range | | --- | --- | | Apartment building, low priced good policies | from about EUR 43 a year | | Apartment building, expensive policies | up to eight times that | **What drives the premium:** - Gross annual rent or number of units - Type of property: house, apartment building, land - Commercial use of individual units - Size of undeveloped plots - Sum insured and excess - Extras such as sewage, solar and renovation limits _Figures from the Finanztest comparison of property owner liability, issue 5/2024, covering 72 policies from 32 insurers. Your premium is fixed only in the quote._ ## The policy levels on the market - **Basic:** Sum insured below EUR 10 million, sewage and solar limited or excluded, low renovation limit. Only just enough for a small house without special features. - **Standard:** At least EUR 10 million combined, sewage damage, solar and a higher renovation limit included. Right for most landlords. - **Premium:** Higher limits, extended rental and financial loss cover, small heating oil quantities in canisters included, commercial units can be declared. For larger portfolios and mixed use buildings. ## How to recognise a good policy | Criterion | Minimum standard | Strong policy | Why it matters | | --- | --- | --- | --- | | Sum insured | below EUR 10 million | at least EUR 10 million combined | A serious fall with lasting injuries can cost millions. | | Transferred winter duty | own clearing duty only | also when handed to tenants or a service | Your duty to check remains and is the most common dispute. | | Building work | low construction sum | high construction sum, demolition and digging included | Otherwise a renovation quickly falls outside cover. | | Sewage and backflow | excluded or tightly capped | included | Blocked drains often damage neighbours. | | Solar system | not mentioned | operator liability and grid feed in included | A rooftop system is a liability risk of its own. | | Vacancy | short periods only | no time limit | Houses often stand empty between tenants or after an inheritance. | | Undeveloped land | insured separately | included up to a plot size at no extra cost | A garden or woodland plot is easily forgotten. | | Default cover | not included | included | If someone without money or insurance damages your building, you would otherwise bear the cost. | ## Insurers on the German market Almost every German property insurer sells property owner liability, often as an add on to buildings insurance. We include direct insurers that do not work with brokers so you know the market. - **Haftpflichtkasse**: mutual specialising in liability, sold through brokers - **VHV**: Hanover-based broker insurer with a large liability book - **Die Bayerische**: brokers and direct sales, dedicated property owner policy - **InterRisk**: part of the Vienna Insurance Group, mainly brokers - **Allianz**: agents and brokers - **AXA**: agents and brokers - **R+V**: insurer of the cooperative banks - **Gothaer**: agents and brokers - **HUK-COBURG**: own sales network only, does not work with brokers - **Ammerländer**: mutual from Lower Saxony, sold through brokers 127 insurers supervised by BaFin, the German regulator, are licensed for this class of insurance. (Allgemeine Haftpflicht). Source: BaFin company database, 2026-09-18; EU insurers without a German office excluded. ## Typical claims and who pays - **Roof tile hits a parked car** (usually four figures): Under section 836 BGB you must prove the roof was properly maintained. The insurer pays justified claims and fights unjustified ones. - **Pedestrian slips on icy pavement** (five figures, more with lasting harm): The most common claim for owners. Even when winter clearing was handed over, the court looks at your duty to check. - **Tree falls on the neighbour's carport** (four to five figures): If you did not inspect the tree regularly, you are liable. With a healthy tree in a hurricane, the insurer rejects the claim for you. - **Backflow floods the neighbour's cellar** (four to five figures): Sewage damage is often excluded or tightly capped in basic cover. Good policies include it. - **Heating oil tank leaks into soil** (five to six figures): The tank needs its own water damage liability. Some strong policies only cover small amounts in canisters. - **Storm tears open your own facade** (four to five figures, by house): Liability only pays for harm to others. Your own facade is a buildings insurance matter. ## Myth or truth - „If you live in your own house, you usually do not need separate property owner liability." ✔ True: German personal liability normally includes the home you live in. Landlords, owners of empty houses and land owners need their own policy. - „Once the lease hands snow clearing to tenants, the owner is never liable." ✘ False: you must still check that clearing and gritting happen. If you do not, you are liable alongside the tenant. - „Nothing can happen on an empty plot." ✘ False: trees, holes, loose fences and children at play make even a meadow a liability risk. Cover costs little. - „If my roof tile hits someone else's car, buildings insurance pays." ✘ No: buildings insurance covers damage to your own house. The other car is paid by property owner liability, or by personal liability for an owner occupied home. - „For rented houses the premium is often based on annual rent." ✔ True: many insurers use gross annual rent as it reflects the size of the building well. Report it if the rent rises significantly. ## Common mistakes - Assuming your personal liability covers the rented house - Leaving an inherited or empty house uninsured - Forgetting the undeveloped plot - Thinking that handing over winter clearing ends your liability - Not insuring the heating oil tank against water pollution - Not reporting a rent increase or a new commercial unit ## FAQ ### Is property owner liability compulsory in Germany? No, the law does not require it. But as an owner you are liable without any upper limit for damage caused by your building or land, so every landlord should have it. ### How much does it cost? In 2024 Finanztest found good policies for an apartment building from about EUR 43 a year. Expensive insurers charged several times that for similar cover. The premium usually depends on gross annual rent and the type of property. ### Does my personal liability cover the granny flat I let? In many policies yes, as long as you live in the house yourself. Some insurers limit this to one unit or charge extra. The policy wording tells you. ### Who is liable if the tenant does not clear the snow? First the tenant, if the duty was validly transferred. You are liable alongside if you failed to check that the work was done. Property owner liability covers this remaining duty. ### Do I need it for a plot without a building? Yes, unless your personal liability includes it. Trees can fall and visitors can trip on land without a house as well. Some policies include plots up to a certain size at no extra cost. ### Does it pay for damage to my own house? No. Liability insurance only pays when others are harmed. Fire, storm and burst pipe damage to your own building is a matter for buildings insurance. ### Is my oil tank covered? Usually not. If heating oil leaks into soil or groundwater, you need separate water damage liability for the tank. Some policies only include small amounts in canisters. ### Why use a broker? Policies differ in renovation limits, sewage, vacancy and transferred winter duty, while prices are often close. We also check what your personal liability already covers. The insurer pays our fee. ## Legal basis and sources - [Insurance Contract Act (VVG, German)](https://www.gesetze-im-internet.de/vvg_2008/) - [BaFin company database (licensed insurers)](https://portal.mvp.bafin.de/database/InstInfo/) ## Request quotes We obtain quotes and come back with a comparison, free of charge. You can write in English. https://www.nammert.com/en/insurance-broker-property-owner-liability.php#anfrage --- Your broker: Norman Nammert, trading as NAMMERT. Insurance broker licensed under section 34d(1) of the German Trade Regulation Act. Broker register no. D-C08Q-TOSD4-37. NAMMERT Assekuradeur GmbH is a separate company. It does not arrange your contract. NAMMERT Assekuradeur GmbH, Karl-Marx-Straße 4, 15711 Königs Wusterhausen, +49 3375 29 12 77, info@nammert.com. Wikidata: Q141141479.