Winter: Who is responsible for clearing and gritting?

At the latest when it gets really cold again at night, homeowners have to take care of their clearing and gritting duties. There are a few special points to bear in mind. In any case, someone has to be commissioned with this work on a binding basis.

In principle, the municipality is responsible for clearing and gritting. However, this duty is usually transferred to the property owners by statute. If winter maintenance is not carried out properly, this can lead to administrative offence proceedings with severe fines.

Homeowners and homeowners' associations (WEG) are obliged to maintain their property and grounds in such a way that nobody is harmed. This also includes the duty to clear and grit in winter. If the so-called traffic safety obligation is disregarded, those responsible are liable for injuries and may be exposed to claims for damages (BGH VI ZR 126/07).

Homeowners who rent out their flats can transfer the obligation to clear and grit to the tenant by means of a provision in the tenancy agreement or in the house rules (LG Karlsruhe, 30.05.2006, Ref. 2 O 324/06).

In the event of snowfall or icy conditions, the obligation to clear and grit begins at 7.00 a.m. on weekdays, 9.00 a.m. on Sundays and public holidays and ends at 8.00 p.m. in each case. In the event of heavy snowfall, the Federal Court of Justice has ruled that, in cases of doubt, the road must be cleared and gritted several times a day (BGH VI ZR 49/83). If black ice forms, there is an immediate duty to grit, especially in the case of black ice.

In principle, the pavement in front of the house, the entrance to the house and often also the path to the rubbish bins must be safe for traffic. Private paths and driveways that must be used by visitors to reach a property are also subject to the clearing obligation. The gritting materials to be used may be regulated in the municipal street cleaning regulations. As a rule, granulate or grit is sufficient. Only in special cases, e.g. on steep slopes, is the use of salt necessary (LG Rottweil, 2 O 312/07; OLG Thüringen, 4 U 218/05).

(Photo: © Rebecca Holm, Pixabay)