Term and legal definition of lifts
A lift is a mechanical installation used for the vertical or inclined transport of people or goods within buildings. Legally, lifts are not only technical devices but also potential sources of danger that are subject to extensive regulations under German and European law. The legal definition and scope of application are primarily set out in the Ordinance on Industrial Safety and Health (BetrSichV) and the Elevator Ordinance (12th ProdSV) in conjunction with the Product Safety Act (ProdSG). The European Lifts Directive (Directive 2014/33/EU) as well as building regulations enacted by the federal states are also of significant importance.
Scope of application and distinctions
Scope of the regulations
The regulatory framework for lifts differentiates according to intended use, purpose, type of construction (passenger lift, goods lift, platform lift, stairlift), and installation site (public building, residential building, industrial use).
Certain elevator regulations do not apply, for example, to escalators (moving stairs), moving walkways, and lifts in specifically regulated areas (e.g., mining).
Key legal foundations
Ordinance on Industrial Safety and Health (BetrSichV)
The BetrSichV sets binding requirements for the operation of lifts as installations requiring monitoring. Operators of lifts are obligated to ensure the safe provision and use of the systems and to have regular safety inspections carried out by approved inspection bodies (ZÜS).
Operator obligations
- Instruction and training: Operators must ensure that specific instructions and training are provided for the use of and access to the lift.
- Maintenance and servicing: There is an obligation to regularly maintain the lift and to eliminate any defects immediately.
- Inspection obligation: Periodic inspection of a lift is generally carried out every two years for safety-related aspects.
Product Safety Act (ProdSG) and Elevator Ordinance (12th ProdSV)
The ProdSG forms the framework for safety requirements for lifts before their placement on the market. The 12th ProdSV contains detailed regulations for implementing the European Lift Directive and governs the structural safety of new lifts as well as key aspects of CE marking.
Responsibility for manufacturing and placing on the market
- Manufacturer obligations: Compliance with all safety and health protection requirements, carrying out a conformity assessment procedure, issuing an EU Declaration of Conformity, and affixing the CE mark.
- Installation: Installation may only be carried out by authorized companies that meet the technical and legal requirements.
State building regulations and special building guidelines
In addition, the state building regulations and special requirements for venues, hospitals or high-rise buildings stipulate special requirements for the installation and operation of lifts. These include, among other things, specifications for fire control systems, emergency call devices, and accessibility.
Technical rules for operational safety (TRBS) and standards
The TRBS specify the requirements arising from the BetrSichV. In addition, European standards such as the EN 81 series apply at European level, which set minimum standards for the design, installation and operation of lifts.
Safety requirements
Structural and technical safety
Among the most important legal requirements are:
- Lockable door systems
- Emergency call facilities (emergency call system with 24-hour connectivity)
- Overload protection
- Emergency lighting
- Regulations for evacuation in case of malfunctions
Inspection and monitoring
Lifts are subject to regular inspections by designated bodies. The type and scope of inspections depend on the type of lift, frequency of use, and structural situation.
Liability and insurance
Liability for damages arising from the operation of lifts is regulated in the German Civil Code (BGB), the Product Liability Act, and the Act on the Liability for Defective Products. Owners or operators and, where applicable, manufacturers are liable in the event of damage to persons or property, provided that a breach of duty can be proven.
It is recommended that operators take out liability insurance and that manufacturers and installers take out product liability insurance.
Notification obligations and documentation
Operators are required to notify the competent authority of the commissioning and decommissioning of a lift. Records must be kept of all inspections, maintenance work and safety-relevant incidents and must be presented to the supervisory authority upon request.
Accessibility and equal treatment
The Disability Equality Act (BGG) and state regulations require that lifts, particularly in publicly accessible buildings, must be designed to be barrier-free. Requirements for this are specified in technical standards (e.g. DIN EN 81-70).
Sanctions and regulatory offences
Violations of the Ordinance on Industrial Safety and Health, the Product Safety Act, or other relevant regulations, may be prosecuted as regulatory offences or criminal acts and, in serious cases, may lead to fines and decommissioning of the installation.
Summary
Lifts are installations whose construction, operation, and maintenance are subject to complex legal requirements. The relevant regulations are interconnected to ensure a high level of safety in both public and private areas. Responsible persons and companies are subject to strict supervisory obligations, must maintain extensive documentation, and provide for contingencies. Compliance with all regulations is an indispensable prerequisite for the proper and safe operation of lifts within the meaning of the law.
Note: For detailed information and further application questions, the current versions of the laws as well as published technical rules and standards should always be taken into account.
Frequently Asked Questions
What statutory inspection intervals apply to lifts in Germany?
Legally prescribed inspection intervals apply to lifts in Germany, as set out in the Ordinance on Industrial Safety and Health (BetrSichV) and the relevant technical rules (TRBS). According to § 16 BetrSichV, lifts used for the transportation of persons or goods must undergo recurring inspections by an approved inspection body (ZÜS, e.g. TÜV or DEKRA). The main inspection is generally to be carried out every two years. Additionally, the law requires intermediate inspections at intervals of one year (i.e., in the years between the main inspections), which must also be carried out by a ZÜS. Furthermore, a regular inspection and maintenance by competent persons must take place to ensure permanent operational safety. In the event of significant changes or certain incidents, such as notifiable accidents, extraordinary inspections are required. Compliance with these inspection intervals must be documented by the operator and is monitored by the authorities. Failure to comply with these inspection intervals can result in fines and the decommissioning of the installation.
Who is legally responsible for the safety and maintenance of lifts?
The legal responsibility for the safety and maintenance of a lift lies with the so-called operator of the elevator system. According to the Ordinance on Industrial Safety and Health, the operator is the natural or legal person who exercises actual control over the lift and is responsible for its operation—usually the building owner, property management, or the company that owns the building. The operator is obliged to initiate all safety and maintenance measures required for the safe operation of the lift. This includes, among other things, engaging and supervising regular maintenance by qualified companies, carrying out the legally required inspections, as well as documenting all measures. In the event of accidents or proven negligence, the operator may be held civilly liable (e.g. for damages) as well as criminally liable (e.g. for negligent bodily injury). For this reason, it is recommended to conclude maintenance contracts with qualified specialist companies and to keep a complete inspection and maintenance log.
What regulations apply concerning the modernization or conversion of existing lift systems?
If an existing lift is modernized or converted, there are numerous legal requirements that must be observed. According to § 10 (2) BetrSichV, modernization or any significant modification to a lift system constitutes a “substantial intervention”, imposing special duties upon the operator and the contractor carrying out the work. Such measures must be subjected to a conformity assessment to ensure that the modernized lift continues to meet current safety requirements. A new type examination or even a CE marking obligation may apply. In addition, relevant technical standards (such as DIN EN 81-20 and EN 81-50) must be observed. After successful modernization, the lift must be inspected and approved again by an approved inspection body before being put into operation. All changes must be documented in the technical elevator logbook and, if necessary, reported to the relevant authority.
What legal requirements exist for emergency call systems in lifts?
According to the Ordinance on Industrial Safety and Health (§ 12 and Annex 1 Section 4.1 BetrSichV), every lift in Germany that carries persons must be equipped with a functioning emergency call system that, in an emergency, provides a continuous connection to a permanently staffed location (e.g., emergency call center). Emergency call systems must be regularly maintained and tested for proper functioning; the operator is obliged to ensure and document this. For older lifts operating before the current regulations came into force, a transitional period applied until December 31, 2020: since then, a dual-channel emergency call system is mandatory. Violation of these requirements may result in official shutdown of the lift and fines.
What obligations exist regarding the documentation and retention of inspection reports?
According to § 17 BetrSichV, the operator of a lift is required to keep all inspection reports, maintenance records, and safety-relevant documentation properly and in a traceable manner. Depending on the type of inspection, these records must be kept at least until the next corresponding inspection, but not less than five years. The documents must be available for review at any time by the relevant authority or inspection body. The legally compliant documentation also includes maintaining a lift logbook in which all relevant measures and events (maintenance, malfunctions, repairs, inspection reports) are continuously recorded. If these documentation obligations are violated or documents are falsified, the operator faces legal sanctions, including fines and potentially criminal consequences.
What liability risks exist in the event of a lift accident?
If an accident occurs during the use of a lift, it is first checked whether the operator has properly fulfilled the statutory duties relating to the maintenance, inspection, and servicing of the lift system. If the operator can provide proper and complete documentation of all actions taken and evidence that all statutory requirements were met, liability is generally excluded. However, if there are omissions or negligence, significant civil liability risks arise, especially in terms of compensation for damage to victims. In addition, criminal prosecution may be initiated, for example for negligent bodily injury. Maintenance companies may also be held liable for improper performance. To minimize liability risks, it is essential for operators to fully comply with all legal obligations and to carefully archive the corresponding records.
