Continuation of the Maintenance Obligation of the Heritable Building Right Holder
In the context of the ongoing use of properties under heritable building right relationships, the question of maintenance obligations occupies a central role. According to the recent decision of the German Federal Court of Justice (BGH) dated January 31, 2024 (Case No. V ZR 21/24), it has been established that the property owner’s claim for proper maintenance of the building structure against the heritable building right holder is not subject to any statute of limitations regime.
Continuity of the Obligation
The core element of the ruling is that the obligation for maintenance and repair exists as an ongoing secondary obligation within the framework of the heritable building right. It is aimed at ensuring proper use of the property for the entire duration of the heritable building right. A violation of this ongoing obligation by the heritable building right holder does not give rise to a single, independently time-barred claim, but rather to a lasting, recurring claim by the property owner for fulfillment of the maintenance obligations.
No Limitation Period for Isolated Fulfillment Claims
Distinction from Compensation Claims
The Federal Court of Justice has clarified that only claims aimed at damages arising from breaches of duty by the heritable building right holder are regularly subject to limitation periods. Claims, however, that originally concern the fulfillment of maintenance obligations, represent a continuing obligation and are therefore not subject to independent limitation. Thus, an owner can still demand the implementation of outstanding maintenance measures during the current heritable building right without having to accept a possible limitation period being invoked.
Implications for Contract Design
This decision is of particular importance in the context of heritable building right contracts. The parties are required to take into account the permanent nature of the maintenance obligation when drafting relevant clauses. It is important to note that the heritable building right holder remains obligated to take measures to maintain the proper contractual state of the building even long after conclusion of the contract.
Practical Consequences for Owners and Heritable Building Right Holders
Validity of the Maintenance Obligation
The Court’s determination makes it clear that the property owner does not need to fear time pressure concerning the assertion of maintenance measures. Already existing damages or omitted actions do not constitute a claim that would be subject to a short deadline. Rather, the heritable building right holder remains consistently obligated throughout the contract period to fulfill all maintenance requirements.
For existing or future heritable building right relationships, this results in an increased focus on the ongoing fulfillment of the contractually agreed preservation obligations – both in the interest of a functional use concept and to preserve the value substance of the property and the constructed building.
For companies, investors as well as wealthy private individuals who have questions regarding maintenance obligations and their enforcement in heritable building right law, individual legal support is recommended. On our page for legal advice in real estate law, the contacts at MTR Legal Rechtsanwälte are at your disposal.
