Most municipalities transfer the clearing and gritting obligation for sidewalks to the adjacent property owners. But they can also delegate further.
Many people are very happy when the first snowflakes fall from the sky in winter. But the white splendor is by no means just a pleasure – it also comes with certain duties.
Because freezing wet and snow can turn sidewalks into slippery slides and thus become a danger for pedestrians. So that nothing happens, property owners are asked.
They would have to ensure that the sidewalk in front of their property and the entrance to the house were cleared and sanded, says Younes Frank Ehrhardt, Managing Director of Haus
However, owners can effectively transfer the clearing obligation to third parties – either through a clause in the rental agreement on the tenants or through outsourcing to a professional clearing service. However, owners remain obliged to carry out at least random checks to determine whether the assigned obligations are being adequately complied with.
The municipalities determine the width of the sidewalk to be cleared in front of the house. According to Ehrhardt, 80 centimeters to 1.50 meters are common. Access to your own front door or garage only has to be free of snow over a width of around 50 centimetres.
On workdays, the sections must be kept passable between 7 a.m. and 8 p.m., on Sundays and public holidays between 9 a.m. and 8 p.m. According to Ehrhardt, in the event of heavy snowfall, owners are obliged to clear and spread several times a day. In the event of black ice formation, there is even an immediate gritting obligation.
Salt should not be used, advises Roland Stecher from the consumer center in Bremen. Due to its damaging effect on plants, soil and groundwater, the use of salt as a spreading agent is prohibited in most municipalities. However, sand, ash, grit or granulate are permitted.
If owners transfer the clearing and gritting obligation to a specialized company or their own caretaker, the expenses for this can be passed on to the tenants, says Younes Frank Ehrhardt. These can then be found on the utility bill.
If the obligation lies with the tenants, they must ensure that proper clearing and gritting is carried out, even if they are employed, vacation or ill. If they are prevented from doing so themselves, they must find a representative. Anyone who repeatedly breaches their duty risks termination of the tenancy.
Tenants and owners of self-used properties can protect themselves against claims due to neglect of the duty to clear by taking out personal liability insurance. If you rent your property, you need homeowners liability insurance.
Anyone who hires a service provider for clearing and gritting can deduct part of the costs from their taxes, according to the Bavarian wage tax office. Winter service is considered a household-related service. However, only 20 percent of the costs are taken into account in the tax return, but no more than 4000 euros. Material costs for the grit must be borne by yourself; only labor, machine and travel costs are deductible.
In the case of owners who pass on the costs for the winter service to their tenants via the utility bill, only the tenants benefit from the tax savings.
Important for deductibility: In order for the tax office to recognize the costs, the individual items on the invoice must be shown separately, according to the Bavarian wage tax aid. In addition, the invoice amount must be transferred – if you pay in cash, you get nothing.
