Germany: Property Owners Must Clear Leaves From Pavements — Who Is Liable and How Often
In Germany, municipalities almost always pass the duty of clearing autumn leaves from pavements to owners of adjoining properties through local bylaws. Failing to do so can lead to liability for damages.
In Germany, municipalities almost always use local bylaws (Satzung) to make owners of adjoining properties responsible for clearing autumn leaves from pavements. The agricultural portal agrarheute explains how these duties work and what consequences follow if they are ignored.
Who is responsible for the pavement
In principle, cities and municipalities are responsible for pavement cleaning, but they nearly always transfer this duty to the owners of neighbouring properties, known as Anlieger. As a rule, the owner in front of whose plot the pavement runs is held liable. Tenants can also be obliged to keep the pavement free of leaves and hazards, provided the landlord has validly transferred the duty through a clause in the rental contract. If an owner hires a company to clear the pavement, the duty of care for road safety rests with that company.
How often it must be done
Local bylaws also set the times and intervals for cleaning. Pavements do not have to be free of leaves around the clock. Typical hours are 7:00 to 20:00 on working days, Saturdays included, and 9:00 to 20:00 on Sundays and public holidays. More recent case law deviates from this: the Regional Court of Berlin ruled as early as 2005 (case no. 13 O 192/03) that removing autumn leaves every six days is sufficient.
Liability and insurance
Anyone who fails to meet the road-safety duty can be liable for damages and answers with private assets and income, down to the garnishment threshold. Owners of undeveloped plots or of buildings they do not live in themselves should check the terms of their private liability insurance or ask the insurer whether such cases are covered. An additional property owner's liability policy may be required.
In North Rhine-Westphalia, where pavement cleaning is assigned to adjoining owners under section 4(1) of the state street cleaning act, they are liable for violations under general tort law (Federal Court of Justice, judgment of 14 February 2017, VI ZR 254/16). The court also held that such bylaws should normally be interpreted so as not to impose duties beyond what is reasonable and proportionate.
