Winter service: rights and obligations with ice and snow
Above snow and ice, the children are especially happy in winter. Adults, on the other hand, are often annoyed. Because for them, the white splendor also means additional effort: clearing and spreading work on your own doorstep is in order. But who do the winter maintenance duties actually concern - and what do I have to watch out for when shoveling snow?
Who is responsible for the winter service?
On public roads and paths, the snow and ice removal is basically a matter for the city or the municipality. However, for walkways along adjacent private homes and plots, this obligation is usually transferred to the owner. It must also ensure the security of its private land - and, above all, keep publicly accessible private roads clear. But even as a tenant, I'm not necessarily out of the woods when it comes to winter service. Because the landlord may transfer his duties to both a clearing service and his tenants. This must then be made clear in the lease.
What exactly do I have to get rid of snow and ice?
What exactly is required for winter service depends on the local regulations. As a rule of thumb, I can remember: swept and scattered must be the pavement and the entrance to the house and the way to garbage bins and garages in the first place. I should create on most sidewalks a walk of about 1.50 meters wide, so that two pedestrians can pass each other and even a wheelchair user gets no problems. On smaller roads, such as the garbage cans, often a narrower lane.
What else should I consider?
Even if it were practical: I can not just throw the snow on the next driveway or even public sidewalks or lanes. Instead, I should pile up the mass either on the side of the road or even better in my own front yard. In addition to the rooms and the sprinkling is a duty - but please not with salt. This is forbidden in many places, because it harms the environment. It is best to resort to sand or split-pulp.
How often do I have to shovel snow?
The Räumpflicht is valid seven days a week. On weekdays, I usually have to clear the roads at the latest from seven o'clock, Sunday and holidays from eight or nine o'clock of snow and ice - and keep them until 20 o'clock also largely free. This means that when it snows during the day, it is not enough to do snow shoveling. If necessary, I have to run more often.
Do I have to get out in every situation?
For winter service, the principle of proportionality applies. That means: If, for example, a violent snowstorm is raging outside, I do not have to leave the house despite the need to bother. I can wait for the precipitation and then even look for a short time, if it may start again to snow heavily. Once the snow has subsided, but I should worry about free paths again.
What if I am prevented?
Whether working, holidays or illness: All these obstacles are usually not an excuse. If I do not have the opportunity to snow-shake, I have to organize a representation. For example, I can talk to a neighbor or acquaintance or hire a company to do the winter service.
Who is liable in case of an accident?
If it comes to uncleaned sidewalks because of slipperiness to an accident, I am responsible for the winter service - and the injured party is entitled to compensation for pain or damages. As a rule, tenants take over the liability insurance in such a case, the landlord and property insurance helps landlords. However: pedestrians also have to take care of themselves, if the weather conditions suggest smoothness. If they jump wildly on the way despite ice and snow, under certain circumstances only a partial guilt will strike me.
