Obligation to snow removal

according to Street cleaning act of Berlin § § 1, para 4 and para 3. 1.

As the owner of your property there is an obligation to remove snow and ice of sidewalks in the required width. This is generally 1 meter.

This obligation applies immediately after the snow or the smoothness occurs, possibly even several times in the time of 07:00 o’clock in the morning and 20:00 o’clock in the evening. On Sundays and public holidays this obligation applies between 09:00 o’clock and 20:00 o’clock. This obligation consists of the removal of snow and the subsequent scattering of sand, gravel or other suitable materials.

Hydrants, access to telephones, emergency telephones and mailboxes, even if they do not have to lie in the actual line of travel must be removed from snow and ice.

You also have the possibility to engage a suitable third party, e.g. to entrust to an appropriate company with this work. However, account for the responsibility and thus also the owner’s liability according to legislation, even if a third party has been entrusted with these tasks, is the owner. As property owners you are required to monitor the proper implementation of the winter service and in the worst case, even rework on your own.

If you or the company contracted fail to comply to the obligation of snow removal, the council or the police can instruct a replacement order at your cost, that means to engage another company with the failed obligation at your cost. Furthermore, a misdemeanor proceedings may be initiated and be imposed a fine of
up to € 10,000.00.

In an accident involving personal injury which has arisen due to the failure to perform or performed unsatisfactory snow removal, the prosecutor can initiate criminal proceedings for assault. The affected person may make any treatment costs and a compensation claim against the owner. The cost of the civil claim shall be taken over, if no gross negligence applies, the property liability insurance. In this respect it is important to consider whether any have been concluded with sufficient coverage. If a company was charged with the snow removal, the companies business liability insurance can be claimed. For this purpose it is required to report immediately after the cause of the damage.

according to Street cleaning act of Berlin

§ § 1, para 4 and para 3. 1.