- Compulsory in every federal state, set out in each state's building code (Landesbauordnung). At least in bedrooms, children's rooms and hallways that serve as escape routes.
- The landlord installs them, and you have to allow the installation (§ 555b nos. 4 and 5 BGB), even if you already have alarms of your own.
- Maintenance usually falls to the tenant: test once a year, change the battery, never tape it over. The landlord may take it on instead.
- Costs: eight per cent of the installation cost a year as a rent increase (§ 559 BGB); maintenance only as an operating cost if the contract names it; rental fees for the devices never.
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Where are smoke alarms compulsory?
Everywhere. Every federal state has written the requirement into its building code, first for new builds, then with retrofit deadlines for existing flats. The last deadline ran out in Saxony on 31 December 2023; in all other states earlier, in Berlin and Brandenburg on 31 December 2020. Today the rule is: a rented flat without smoke alarms breaches the building code.
The reason is simple: most fire victims do not die from flames but from smoke, in their sleep. An alarm wakes you before the smoke knocks you out.
When the alarm goes off
Leave the flat, close the door, call 112. Do not try to put the fire out or look for the cause: by the time the alarm sounds, the smoke is usually already dangerous.
Who installs them, and in which rooms?
Installation is the owner's job, so the landlord's. The landlord chooses the device, the number and the installer. You have to allow the installation, even if you have already put up alarms yourself, because it counts as a modernisation that improves safety (§ 555b BGB).
Alarms are required at least in bedrooms, children's rooms and hallways that serve as escape routes from living areas. Berlin and Brandenburg require them in every habitable room except the kitchen and bathroom. They are mounted on the ceiling, ideally in the middle of the room and at least 50 centimetres from the wall.
Who maintains the alarm, and how often?
In most federal states the direct occupant is responsible for keeping the alarm in working order, so you as tenant, unless the owner takes on the maintenance. Many landlords do, to keep control, often through a service provider.
Maintenance is not a specialist job. Under DIN 14676 it means at least once a year: press the test button, check the smoke inlets for dust and dirt, keep the area around the alarm clear, and replace the battery in devices with a replaceable battery. Alarms with a sealed ten-year battery are replaced in full after ten years.
Once a year, with the date noted
A calendar entry with the date of the test is enough to prove you have met your obligation.
Who bears the costs?
- Installation: The landlord pays, but may raise the rent by eight per cent of the installation cost a year (§ 559 BGB). At 60 euros per alarm and three alarms, that is 14.40 euros a year, or 1.20 euros a month.
- Maintenance: If the landlord has the alarms maintained, that counts as "other operating costs". They may only be passed on if the tenancy agreement names them expressly.
- Renting or leasing the devices: not chargeable. The Federal Court of Justice (BGH) ruled in 2022 that rental fees for smoke alarms are not operating costs (VIII ZR 379/20).
- Repair and replacement: upkeep of the property, paid by the landlord, never through the service charges.
- False alarm: The fire brigade does not bill the tenant, unless the alarm was caused by grossly negligent maintenance on their part.
What else may appear on a statement is covered under Chargeable service charges.
What to do if the alarm is missing?
Then the flat is defective. You are entitled to have alarms installed (§ 535 (1) BGB) and can demand this in writing with a deadline. At the same time the landlord is in breach of the building code; the building control authority can order them to comply. Courts have so far rarely accepted a rent reduction for a missing alarm alone; the claim to installation is the effective lever.
How to word it: "My flat is missing the smoke alarms required by the building code in the bedroom and the hallway. Please have them installed by [date 14 days from now]."
Common questions about the smoke alarm requirement
Can I refuse the installation because I have my own alarms?
No. The landlord may install uniform devices and you have to allow it; the Federal Court of Justice has ruled so.
Do I have to pay for maintenance even though the contract says nothing?
No. Without an express clause in the tenancy agreement, maintenance costs cannot be passed on.
The alarm is broken. Who pays for the new one?
The landlord. Replacement is upkeep of the property and may not be billed through the service charges.
Does the requirement also apply to owner-occupied flats?
Yes, the same rules apply to every flat.
I am hard of hearing or deaf. What applies?
Alarms with a light and vibration signal can be fitted in addition; the statutory health insurance usually covers the cost.
Is your rent above the limit?
CONNY checks for free whether rent control applies to your flat and enforces the reduction. You only pay if we succeed.