Legal and technical classification
In residential property management the legal framework decides which item is defensible in the statement and who stands behind the condition of the property. Three things are regularly mixed up here.
- Statutory duty: duty to maintain safety
- The duty to maintain safety requires that circulation areas are kept in a condition that excludes danger to third parties, as far as that is reasonable. Responsible is not the cleaner but the party that organises the area. No particular cleaning method follows from this, but the duty to know the condition and to regulate cleaning in a traceable way.
- Statutory basis of allocation: Betriebskostenverordnung (German Operating Costs Ordinance)
- Building cleaning, street cleaning and refuse removal are in principle eligible for allocation as operating costs, provided they actually arise and are properly accounted for. Not eligible are expenses attributable to the management or the owner – typically the cleaning of vacant units and cleaning after repair work. Whether a specific item is defensible is decided by your accounts department; we supply the specification of services, but not legal advice.
- Statutory requirement: the principle of economic efficiency
- For the service charge statement, tenancy law requires a reasonable relationship between cost and benefit. In practice that means the item has to be explainable. A flat amount for 'cleaning, portfolio' is not, because it does not show which area was treated how often. A property-specific schedule of services makes the item verifiable – for the accounts department, for the advisory committee and for the tenant who asks.
- Contractual requirement: boundary to winter service
- Who clears snow, who spreads grit, who clears again, and who removes the grit from the entrance area? This boundary belongs in the contract in full wording – regardless of who provides the service. It matters more than the difference in cost between two providers, because in the event of damage it decides who was responsible.
- Public procurement law: only for public contracting authorities
- A private condominium owners' association is not bound by public procurement law; it decides through resolution and the principle of economic efficiency. The position is different for municipal housing companies and publicly funded bodies: there the usual procurement rules apply, and providers must be able to present the corresponding evidence and suitability documents.
- No certification by the service provider
- We document the work carried out. We are not a certification body and certify neither the lawfulness of your service charge statement nor the safety of your circulation areas. Both are tasks of the management; our role is the traceable specification of services.
The rules named here describe requirements on how the work is carried out — they are not a certification held by BREREI. VDI and DIN standards are chargeable and were not available in full text; where a statement touches the standard in detail, this is noted in place.