Liability of Property Owners for Fire Waste: Recent Developments in Jurisprudence
In its decision of July 4, 2025 (Case No.: 6 B 18/25), the Schleswig-Holstein Administrative Court once again clarified the extensive responsibility of property owners in connection with waste occurring on their land, especially after fires. This decision provides reason to examine the liability requirements for real estate owners in detail, focusing on public law regulations.
Overview of the Court’s Decision
In the case at hand, significant amounts of fire waste were left on the owner’s property following a fire. The responsible municipality ordered the owner, by means of a regulatory order, to remove the waste in a lawful manner and to ensure its proper disposal. The owner objected to this order, arguing that he was not responsible for the occurrence of the waste—as it was caused by an external arsonist.
The Schleswig-Holstein Administrative Court emphasized that the owner’s public law responsibility is not based on fault or co-causation of the waste, but rather on ownership of the property (so-called status liability). Regardless of the circumstances under which the waste arose—in this case, independent of any criminal action by third parties—the owner is required to prevent risks to the public and environmental hazards resulting from waste deposits.
Legal Basis for the Liability of Property Owners
Adherence to Waste Law Regulations
The central legal framework for handling waste in Germany is the Circular Economy Act (KrWG). Under Section 7 (1) of the KrWG, owners and possessors of property are required to properly remove waste and ensure its environmentally friendly disposal. Specifically after fires on the property, this obligation remains with the owner, even if the fire was caused by third parties.
Status Liability versus Conduct Liability
In public hazard prevention law, a distinction is made between so-called conduct liability (perpetrator or behavioral offender) and status liability. For property owners, status liability (§ 17 Landesverwaltungsgesetz Schleswig-Holstein – LVwG) is paramount: they are liable by virtue of ownership for hazards emanating from their property, as far as they can eliminate or mitigate these hazards through their actions.
Recourse Options and Further Liability
Even though property owners are primarily called upon to remove waste through regulatory orders, they retain the right of recourse against the actual perpetrator, for example, through civil law claims for damages. However, this does not relieve them of their obligation to tolerate and cooperate during administrative proceedings with the competent authority.
Practical Consequences and Duties for Property Owners
Environmental Risks and Preventive Measures
Fire waste left on a property can not only be a regulatory offense but can also pose potential health risks and environmental hazards. In cases where hazardous materials (such as asbestos or contaminated building materials) have burned, more stringent environmental sanctions and remediation orders may follow. Early communication with supervisory authorities and proper documentation of one’s diligence measures are therefore of significant importance.
Implications Even in Cases of Third-Party Fault
The decision of the Schleswig-Holstein Administrative Court makes it clear, regardless of any co-causation, that property-related waste falls within the owner’s sphere of responsibility. This means that waste accumulations on one’s own land—even if caused without fault—must still be removed to ensure compliance with statutory requirements and public safety.
Conclusion and Outlook
The ruling from the Schleswig-Holstein Administrative Court underlines the significant responsibility that property owners bear with regard to preventing, removing, and disposing of waste on their land—even in cases of third-party fault or extraordinary events such as fires. Particularly for entrepreneurial property owners, investors, and affluent private individuals with properties throughout Germany and internationally, it is advisable to become familiar with the legal requirements of public waste and environmental law.
Notice on Individual Legal Advice
This subject encompasses a multitude of legal and factual particularities, especially at the intersection between public law obligations and private legal recourse. For legal assessment of your individual circumstances and interests, the team at MTR Legal Rechtsanwalt is available to assist you with our practical experience.
