How to Get Winter Gritting and Clearing Right

Even though winters in Germany have become milder in recent years, snow and icy pavements still occur regularly. Homeowners, landlords, and tenants all need to know who is responsible for clearing and gritting pathways, and when these duties actually begin each day. Sabine Brandl, a legal expert at ERGO Rechtsschutz Leistungs-GmbH, provides the answers to these important questions.

Is Winter Maintenance the Landlord’s Responsibility?

In Germany, landlords are not obliged to clear snow and ice themselves or to hire a caretaker for this purpose. They can pass on the responsibility for gritting and clearing to their tenants. “However, landlords must ensure there is enough grit—such as sand or gravel—and appropriate tools for snow removal available,” explains Sabine Brandl. In blocks of flats, it’s common for winter duties to be shared among all tenants, so it’s not automatically the ground floor tenants’ job. “Instead, the responsibility should be distributed fairly among all residents,” says Brandl. For this transfer of responsibility to be legally valid, it must be clearly agreed between landlord and tenant—either in the tenancy agreement itself or in the house rules, provided these are part of the contract. Such an agreement must be in place from the start; landlords cannot impose extra duties partway through a tenancy, for example, by unilaterally changing the house rules or simply putting up a notice in the stairwell. Regardless of the arrangements, landlords always retain a duty to supervise and check—at least with occasional spot checks—that the clearing and gritting are being carried out properly. “Otherwise, they may be liable for any accidents that occur,” Brandl warns.

Clearing and Gritting: Doing It Properly

Anyone responsible for winter maintenance needs to bear a few things in mind:

• Cleared and gritted paths should be at least 1 to 1.5 metres wide.
• The exact width is usually specified by local council regulations.
• Private paths to the front door must usually be cleared to a width of at least 50 centimetres.
• Snow should be piled on the side of the pavement nearest the road, but never on the road itself, where it could endanger traffic. If there isn’t enough space, snow must be stored on your own property.
• Drains at the roadside, often known as “gullies”, should be kept clear so that meltwater can run off, as should the covers of underground hydrants for the fire brigade. Snow should also not be left on cycle paths, cycle lanes, or at public transport stops.

Clearing and Gritting: Times, Fines and Insurance

The times when you must clear and grit can vary from one local authority to another. “As a general rule, though, the duty applies from 7:00 am to 8:00 pm Monday to Saturday, and from 8:00 am to 8:00 pm on Sundays and public holidays,” says Brandl. If landlords or tenants fail to meet these obligations—or, worse, ignore them completely—they may face fines in most federal states. If someone slips and is injured on an uncleared pavement, they may also be entitled to claim compensation. Tenants and homeowners who are responsible for winter maintenance can protect themselves against this risk with personal liability insurance. Landlords can take out specialist landlord liability insurance. Of course, clearing and gritting must still be carried out regardless of insurance.

Approved Gritting Materials

There are also rules in Germany about what materials can be used for gritting. Traditional rock salt is generally banned for private use because of the damage it causes to plants and animals. Eco-friendly alternatives include grit, gravel, sand, or lava granules. These make icy surfaces less slippery and can usually be swept up and reused after winter.

Exceptions for the Elderly and Ill

In general, anyone who cannot fulfil their winter duties due to illness or absence must arrange for someone else to do it. “The situation is different for elderly people,” says Brandl. “If they are physically unable to carry out winter maintenance due to age, they are usually exempt.” For those with health problems, it depends on whether it is reasonable to expect them to arrange a substitute. Generally, they are expected to at least try. Financial circumstances are also taken into account: Can a tenant afford to hire an external winter service? Tenants are advised to have any exemption from winter duties confirmed in writing by their landlord, to avoid any disputes later on.