The Saar land Higher Regional Court issued the following judgment on June 4, 1993 (case number 4 U 109/92):
1. The landlord is kept within the scope of his maintenance obligation, the electronically system of the rental building according to the recognized rules of technology, the VDE regulations and the relevant accident prevention regulations "Electrical systems and equipment" (VBG 4 (now BGV A 2) is regularly closed check.
2. If the landlord electric certificate does not meet this inspection obligation and the tenant is damaged by a defect in the electrical system (cable fire), the landlord is liable to the tenant for this damage. A - refutable - assumption suggests that the damage event due to a fault in the electrical system would have been avoided if the recognized rules of technology had been observed (compliance with the inspection deadlines).
3. These inspection obligations according to § 536 BGB apply equally to private and commercial landlords.
The judgment underlines on the one hand the importance of the operating regulations for high voltage systems according to DIN VDE 0105 part 1 and the obligation to test according to the accident prevention regulation "Electrical systems and equipment" (VBG 4 (now BGV A 2)), on the other hand also the view that the accident prevention regulation does not only applies to commercial, but also for privately used rooms. The specified inspection periods correspond to the recognized state of the art. This is the only decisive factor in assessing the time intervals at which periodic inspections of electrical systems are to be carried out. The test intervals (e.g. for residual current circuit breakers) depend on the circumstances. Who is responsible for the timely inspection depends on the provisions of tenancy law. Home
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