During the cold season, snow and ice are common on sidewalks and streets. The winter clearance requirement ensures that these areas remain safe and accessible to avoid accidents and injuries. But what should you take into account?
Legal basis
The legal basis for the clearing obligation in Germany is anchored in the respective state and local laws as well as in the road traffic regulations (StVO). These regulations may vary depending on the state and municipality, but in general, property or building owners are responsible for clearing snow and ice from sidewalks, driveways, and entrances to their properties.
In many cases, landlords transfer the evacuation obligation to their tenants through appropriate provisions in the rental agreement. In such a case, the tenants are obliged to clear and grit snow and ice from the sidewalks and entrances to the property. It is therefore important to carefully check the regulations in the rental agreement and, if necessary, clarify with the landlord which tasks need to be taken on in detail.
The scope and period of the clearing obligation usually extends to the entire sidewalk in front of the property in question as well as entrances and driveways. The width of the path to be cleared should be such that two pedestrians can easily pass each other. The obligation to clear and grit generally applies between 7:00 a.m. and 8:00 p.m., although different regulations may apply in some municipalities.
Rules for slippery conditions and consequences for non-compliance
If the surface becomes slippery due to ice or freezing moisture, it is necessary to sprinkle blunting agents such as sand or granules. In many communities, the use of road salt is restricted or even banned for environmental reasons. It is therefore advisable to find out about local regulations and, if necessary, use environmentally friendly alternatives.
If the evacuation obligation is not properly fulfilled and an accident or injury occurs as a result, the person responsible – be it the owner or tenant – can be held liable. This can have both civil and criminal consequences, such as claims for damages or fines. It is therefore extremely important to take the clearing obligation seriously and to ensure a safe and ice-free sidewalk.
Editorial team finanzen.net