You, as a property owner, are responsible for clearing snow and ice in front of your property during winter. This includes access to the building and, usually, to the sidewalk in front of it.
You can delegate the responsibility for clearing snow and ice to your tenants. However, you must mention this explicitly in the rental contract.
There have been several rulings with different scenarios and results. The conclusion is that you, as a property owner, hold the main responsibility.
Some courts even ruled that, as a property owner, you must check if your tenant or the snow removal company is fulfilling their responsibility of clearing snow or not. In short, you cannot just delegate snow-clearing to your tenant or a snow removal company and forget about it.
Here are different case numbers on this topic: VIII ZR 250/23, 9 U 34/19, 13 S 96/23
If you are a property owner, it’s vital that you get personal liability and legal insurance to protect yourself if someone sues you for damages.
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When must you clear snow and ice?
Local ordinances specify the exact times, but the general rules are:
- Monday to Saturday: 7 a.m. to 8 p.m. (some cities require 6 a.m. to 10 p.m.)
- Sundays and public holidays: 8 or 9 a.m. to 8 p.m.
You must clear the snow immediately after snowfall ends. During continuous snowfall, you must clear several times at appropriate intervals. Shoveling once a day is insufficient.
What happens if you fail to clear snow and ice?
- Fines: You can expect to pay several hundred euros in fines. In some cases, the fines can reach several thousand euros.
- Compensation: If a pedestrian falls and injures themselves, you are liable to pay compensation for pain, suffering, and damages. In cases of permanent injury, compensation can reach six or seven figures. Your personal liability insurance only covers the liability costs if you didn’t intentionally violate the obligation to clear snow and ice.
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How do you properly clear the snow and ice?
- Width: Clear sidewalks between 1 and 1.5 meters wide (depending on local regulations). This allows two pedestrians with strollers to pass safely.
- De-icing materials: Sand, ash, granules, or grit are permitted. Salt is prohibited in most municipalities for environmental reasons. Some municipalities make exceptions for the use of salt on stairs or slopes.
- Where to put snow: Do not push snow onto the road. Store it in the garden or yard. If space allows, pile snow on the sidewalk edge facing the road. Do not block gutters, driveways, bus stops, cycle paths, or disabled parking spaces.
You may also need to clear the snow several times a day during continuous snowfall.
What are the responsibilities of pedestrians?
You, as a pedestrian, must exercise caution in icy and snowy conditions. If you were careless and slipped, you may not be eligible to claim compensation from the property owner.
For example, wearing unsuitable shoes with hard, smooth soles in winter conditions.
Can you deduct the costs of snow removal from taxes?
Yes, you can claim snow removal costs as household-related services. The tax office deducts 20% of labor costs (up to €20,000 maximum). This is €4,000 per year.
Suppose you rented your apartment. In this case, you can deduct the snow removal cost as a business expense.
