Mandatory Handrails in Rental Apartments – What Actually Applies?

The question of whether there is a mandatory requirement for handrails in rental apartments concerns many landlords and tenants alike. Especially regarding stairs within the building or in communal areas, there is often uncertainty about when a handrail is prescribed and what legal foundations apply.

Is there a statutory obligation for handrails in rental apartments?

There is no single, federally uniform obligation for handrails in rental apartments in Germany. Instead, the obligation arises from a combination of State Building Codes (Landesbauordnungen), technical standards, and the general duty to maintain safety (Verkehrssicherungspflicht). The decisive factor is not whether the property is owner-occupied or rented, but how and by whom a staircase is used.

What role does the landlord's duty to maintain safety play?

Landlords are subject to the so-called duty to maintain safety (Verkehrssicherungspflicht). This obliges them to secure sources of danger in the building so that users do not suffer harm. Stairs are considered a typical danger zone. If a necessary handrail is missing, this can be interpreted as a violation of this duty—especially if an accident occurs.

This is legally relevant primarily in liability cases, for example, if someone falls in the stairwell.

When is a handrail mandatory in the stairwell?

In communally used stairwells of rental apartment buildings, a handrail is almost always required in practice. The basis for this is the State Building Codes (LBO) of the federal states, which are very similar in content. They usually stipulate that "necessary stairs" (primary escape routes) must have a firm and secure handrail.

Additionally, reference is frequently made to technical standards, particularly DIN 18065 "Building Stairs," which explicitly provides for handrails on necessary stairs.

Does the handrail obligation also apply inside the rental apartment?

Inside the rental apartment, such as in maisonette or attic apartments, the legal situation is more nuanced. There is usually no direct statutory obligation here. However, the duty to maintain safety can apply here as well if the staircase is steep, narrow, or regularly accessible to multiple people.

Courts often judge such cases individually, especially if children, elderly people, or people with limited mobility are involved.

What does this mean specifically for landlords?

For landlords, this means: If a required handrail is missing, there is a legal risk. If an accident occurs, this can lead to claims for damages or compensation for pain and suffering. Tenants may also claim a defect in the rental property (Mangel der Mietsache) if a necessary handrail is missing.

Professional retrofitting is, in many cases, a simple and legally secure solution.

Do tenants have a right to a retrofitted handrail?

Tenants can demand a handrail if a concrete danger exists without one or if building code regulations are not being met. The chances of success increase significantly in cases of limited mobility, advanced age, or existing health restrictions.

Conclusion: When is a handrail mandatory in rental apartments?

There is no blanket answer, but in practice, the following applies: In communally used stairwells of rental buildings, a handrail is generally mandatory. Within the apartment, the obligation depends on usage, construction type, and risk. The decisive factors are State Building Codes, DIN standards, and the landlord's duty to maintain safety.

Anyone wishing to play it safe should have existing stairs checked and, if necessary, professionally retrofitted—this is usually the most sensible solution, both legally and practically.

FAQ 

Who pays for the retrofitting of a handrail?

Usually the landlord, if the handrail is required for safe use. If it is merely a matter of comfort, it may be arranged differently in individual cases.

Is a tenant allowed to install a handrail themselves?

In the stairwell, generally not without consent, as it is a communal area. Inside the apartment, it may also require consent depending on the extent of the intervention.

At what point is a staircase considered "dangerous" and more likely to need a handrail?

This is often a case-by-case question. Particularly critical are steep stairs, narrow steps, poor lighting, or slippery surfaces.

What applies to exterior stairs on a rental building?

Exterior stairs must also be safe to use. Weather, wet conditions, and ice increase the risk, making a handrail more likely to be required.

What are the consequences if there is no handrail despite an obligation?

This can lead to liability risks, especially in the event of accidents. Furthermore, depending on the situation, a tenant may demand the rectification of defects.