Wohnungsaufsicht

The law applies to residential buildings, apartments and individual living spaces that are actually and legally suitable for permanent residential use and are intended for this purpose.

The essential criterion here is that it is a matter of living space that is made available for third-party use.

Accommodation facilities, institutions for public execution (detention), caravans, construction trailers, residential ships or hotels and boarding houses are not residential space according to this law.

The responsible housing supervisory authority in the municipality of Bremen is the Ordnungsamt Bremen.

No, even without a report from the tenant, the authorities can take action on the basis of information received in a different way.

As the competent authority, the Ordnungsamt (public order office) checks whether action is necessary within the scope of its discretion.

However, tenants do not have a claim to intervention by the authorities.

No, the role of the Housing Inspectorate is to remove neglect and blight as defined in the Housing Inspectorate Act, and thus to restore the proper use of housing.

A grievance exists if the use for residential purposes is significantly impaired.

Missing cosmetic repairs or so-called minor damage, such as missing baseboards, scratches in the flooring or holes in room doors or walls, do not fall under the concept of grievance, as the use for residential purposes is not significantly impaired.

Neglect is the precursor to a state of disrepair. If, therefore, necessary maintenance work is continually omitted and this could result in a state of disrepair, this is referred to as neglect.

No, the authority can intervene at an earlier stage. If there are signs of neglect, initial measures can be taken to influence the owner(s) and prevent the occurrence of a deplorable condition at an early stage.

Yes, the authority will check the relevant facts. It is helpful if a copy of the correspondence that has already taken place with the owner is also submitted. In this way, it can be more quickly recognized how often the grievance has already been pointed out and in what period of time no improvement has been initiated by the owner.

The owner can only take action against a defect if he/she has become aware of it. It is therefore always advisable to first seek contact and work towards an improvement.

If this does not result in an improvement, even after a written request, tenants are welcome to contact the housing inspectorate directly.

No, tenants do not have to enforce their rights in court before the competent authority can take action. The intervention of the Housing Inspectorate is detached from civil disputes between tenants and owners.

In the case of mold, a distinction must be made between mold caused by the building and mold caused by incorrect ventilation and/or heating behavior on the part of the tenant.

If the mold infestation is caused by the tenant, the authority cannot intervene.

No, the authority can demand maintenance and repair from owners within the framework of housing supervision in the event of neglect or deplorable housing conditions, but not modernization measures.

Yes, in order to get an impression of the existing grievances, the employees of the Bremen Public Order Office also carry out site inspections. For this purpose, an appointment is made with the residents, to which the owner is usually also invited.

Deviations from this regulation are possible.

With the consent of the residents concerned, the competent authority may in any case inspect the property and the living quarters, but only at reasonable times of day and after prior notice.

If there are indications of overcrowding or use despite the order of uninhabitability, the competent authority may also inspect the property and the living quarters without prior notice or the consent of the residents.

No, the authority carries out the site inspection as part of the clarification of the facts in accordance with the Administrative Procedure Act. The assessment of an expert is clearly distinguished here, which is why the results of the housing inspection cannot be used as an expert opinion.

Although there is a right to information regarding the state of affairs vis-à-vis the residents concerned, this is usually satisfied verbally and not in writing.

There is no right to the status report.

No. If the procedure has been started, it can be continued even after the residents have moved out.

The authority can order the owner(s) to provide suitable replacement housing. In addition, before an uninhabitability is declared, close cooperation is established with the central housing office so that new housing can be found quickly.

A dwelling is considered overcrowded if it falls below the minimum living space defined in the Bremen Housing Supervision Act.

For each child up to 6 years of age a minimum living space of 6 sqm is estimated, for all other residents a minimum living space of 9 sqm.

No, the aim of the regulation on overcrowding is to counteract exploitation by rogue owners who take advantage of people's plight. As long as healthy living conditions exist and people are content with small living space, there is no need to fear intervention by the authorities.

No, the Housing Supervision Act was designed as an instrument to protect tenants and housing. Owners must assert their rights under civil law. This is also possible in parallel with the housing supervision procedure.