IThere are warnings about snow, slippery ice and lightning ice in large parts of Germany this Wednesday. The streets and sidewalks have been very slippery in many places since Monday. With the onset of winter, the risk of accidents increases, which is why clearing and spreading is necessary. But who is responsible for winter service? When do you have to use a snow snip? And who is liable in the event of accidents? The most important things at a glance.
Who is responsible for winter service?
In Germany, the obligation to clear snow is regulated differently from region to region. In principle, the following applies: The duty to clear and spread land is the responsibility of the property owner and, in the case of public roads, the municipalities. But they usually don't care about the sidewalks. The obligation to clear and scatter is usually transferred to private residents, for example through municipal statutes. As a rule, the owner is obliged to keep not only the access routes to the front door, but also the public paths in front of his house safe for pedestrians.
However, owners can also transfer the weather service obligation to their tenants – this must then be expressly regulated in the rental agreement. Many owners commission companies to carry out winter service and pass the costs on to the tenants in their utility bill. If you live in a rented apartment and want to know whether you have to use a snow shovel, you should take a look at your rental agreement.
When and how often does it need to be cleared and spread?
The regulations sometimes vary from municipality to municipality, but as a rule of thumb you can remember: The obligation to clear and scatter exists on weekdays, and therefore also on Saturdays, between 7 a.m. and 8 p.m. On Sundays and public holidays from 8 a.m., in some locations from 9 a.m. to 8 p.m. In extreme cases, it may also be necessary to clear and spread outside these times.
There is no clear definition as to what weather conditions require clearing and spreading. The basic rule is: The sidewalks must be safe to pass. As a rule, it is sufficient to clear the snow at regular intervals. The sidewalks should be cleared of snow to a minimum width of one meter. This doesn't have to happen continuously, but it does have to happen several times a day. Spreading only needs to be done if there is an increased risk of slippery conditions.
Are there exceptions for working people?
There are no exceptions for employees. The obligation to vacate also applies in the event of vacation, illness or disability. If you can't or don't want to take care of it yourself, you'll have to organize a representative or hire a clearance service. Some courts also require very old people to provide representation if they can no longer sweep snow themselves. Judges are only lenient in exceptional cases.
By the way, the costs for a professional winter service can be deducted from taxes as a household-related service.
What should be sprinkled with?
Attention: Salt as a grit is now not only frowned upon, but is also banned in most communities for ecological reasons. Anyone who still uses salt for spreading can even face high fines in many places. Sand, ash, granules or grit are permitted. However, according to the German Association for the Environment and Nature Conservation, grit and granules can also contain toxic substances. Unlike private owners, municipalities are allowed to sprinkle salt if the safety of citizens is directly at risk. Once the frosty weather is finally over, the grit has to be swept away again. This is not the case if there is only an intermittent thaw.
Where to put the snow?
If you have to shovel snow, you shouldn't push it onto the road. Instead, it should be stored in an open area in the garden or yard. If this is not possible, snow and ice can also be piled up on the edge of the sidewalk facing the road – provided there is still enough space on the sidewalk.
Who is liable in the event of accidents?
Anyone who fails to comply with their clearing and gritting obligations may be liable in the event of an accident. There is a risk of damages, compensation for pain and suffering or even a lawsuit for negligent bodily harm. Regardless of this, you risk a fine if you do not comply with the obligations.
Private liability insurance protects against damage claims and is recommended for both tenants and residents of single-family homes. Black ice accidents in front of apartment buildings, unless the obligations have been assigned to the tenants, are the responsibility of the owner's home and property owner's liability insurance.
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