Pipe blockage in the WEG: who pays?

In the event of pipe blockages in a condominium, landlords and tenants alike are faced with the question: Who pays for pipe cleaning if a pipe is blocked in the rented apartment? You can find the answer here.

Don't panic if a pipe is blocked in the house: the maintenance obligation regulates

The removal of a pipe blockage and the resulting costs for pipe cleaning are the responsibility of the landlord/landlady. Only in exceptional cases do tenants have to bear the costs of pipe cleaning.

In any case, a pipe blockage in an apartment building and the associated removal is initially a rather unpleasant matter. After all, the blockage can lead to further problems such as unpleasant odors and flooding - whether in the shower or the toilet in particular.

Many tenants then resort to household remedies to tackle the pipe cleaning as quickly as possible. Natural pipe cleaners such as baking soda and vinegar as well as hot water can help. A plunger (suction cup) is used for toilets. If these measures do not lead to the desired results, professional pipe cleaning must be carried out - this is the responsibility of the landlord/landlady and is part of their maintenance obligation.

The maintenance obligation in the event of pipe blockages

According to Section 535 (1) sentence 2 of the German Civil Code (BGB), the landlord is obliged to keep the rented property in a condition suitable for contractual use during the rental period. This also includes the removal of a pipe blockage. This obligation of the landlord/landlady exists regardless of who caused the blockage.

Reimbursement of costs if the tenant is at fault

If the tenant has culpably caused the pipe blockage, the landlord is obliged to clear the blockage, but can demand the costs of clearing the blockage as compensation from the tenant.

Tenants are considered responsible for blocked drains in the following cases:

• Sanitary products such as sanitary towels and baby diapers in the wastewater pipe
• Large quantities of toilet paper in the toilet
• Large amounts of grease in the wastewater pipe
• Large amounts of food residue in the wastewater pipe

Blockages caused by limescale deposits or hair in the drain are generally not the responsibility of the tenant. In such cases, they do not have to bear the costs of pipe cleaning. If the tenant takes the removal of the blockage into their own hands and causes damage in the process, they must bear the costs.

If the person responsible cannot be identified, the landlord must bear the costs of pipe cleaning. As these are repair costs, the costs cannot be passed on to the tenants.

How much does pipe cleaning cost?

The cost of a pipe cleaning depends on various factors such as the complexity of the blockage, the length and diameter of the pipes, the tools required and the time needed to clear the blockage.

In general, the price range for professional pipe cleaning is between 50 and 500 euros.

The role of separate property and common property in drain cleaning

As a rule, the community of owners is responsible for the maintenance and repair of the common pipes, including the sewage pipes. Therefore, it is their responsibility to ensure that the pipes are free of blockages to ensure normal drainage.

So why do the landlords have to pay for pipe cleaning for sinks, showers, toilets, etc. - and not the entire community of owners?  

In the event of a pipe blockage in a condominium owners' association (WEG), the question of whether it is a matter of special or common property is decisive for the responsibility and assumption of costs. The distinction between separate property and common property provides you with an answer.

Special ownership in accordance with the German Condominium Act (WEG)

Pursuant to Section 3 (1) WEG, special ownership is the ownership of a specific apartment or of specific rooms not used for residential purposes on a building constructed or to be constructed on a property.

The common property in accordance with the German Condominium Act (WEG)

Paragraph 2 of Section 5 of the German Condominium Act (WEG) defines common property as those parts of the building, such as installations and facilities, which serve the common use of the condominium owners.

Pipes in the WEG: separate property or common property?

The following distinction applies to pipes within a WEG:

• Special property: Pipes within the apartment up to the connection to the collective pipe for the building community.
• Common property: The remaining part of the pipe, including the collector pipe.

This results in the following responsibilities for pipe blockages:

• Special property: Blockage in the area of the pipe within the apartment = responsibility and costs borne by the apartment owner (§ 13 WEG).
• Common property: Blockage in the area of the collector pipe or outside the apartment = responsibility and assumption of costs by the COA.

In principle, the owner is therefore responsible for damage and blockages in the pipes located within the apartment (= separate property). If a deviating rule has been specified in the declaration of division, this applies.

Tip: As the exact location of a blockage is usually not immediately recognizable, you as the owner should contact your property management company immediately to look for a solution together.

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As a property management company, we take care of finding suitable service providers for various necessary work in your building - be it a pipe blockage or all maintenance measures. We have a broad network of reliable partners in the fields of trades, cleaning, garden maintenance and more.

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