The house rules (Hausordnung) govern day-to-day life in a German residential building: quiet hours, stairwell cleaning, refuse, the use of communal areas and safety. In a condominium (WEG) the adoption of house rules is expressly a matter of proper administration and use and is decided by majority resolution (§ 19 (2) no. 1 WEG). In a tenancy they become binding through the lease or the landlord’s right of direction. This guide explains, for international owners, what house rules may validly cover under German law, how they are adopted and amended, where their limits lie and how breaches are enforced.
What the house rules cover
The house rules are a framework for everyday coexistence in the building. They aim to prevent conflict by giving concrete shape to the duty of mutual consideration. Typical content includes:
- Quiet hours: commonly night-time quiet from 10 pm to 6 am, plus midday quiet and quiet on Sundays and public holidays
- Stairwell cleaning: a cleaning rota for the stairwell, hallways and shared areas
- Refuse: waste separation, the location of the bins, bulky waste and keeping bin areas clear
- Use of communal areas: laundry room, drying room, bicycle cellar, garden and courtyard, as well as the storing of items in the stairwell
- Safety: keeping escape and rescue routes clear, locking the front and cellar doors, and the use of barbecue equipment
The house rules therefore concern overwhelmingly the common property and conduct in the building, not the free use of an owner’s own flat.
Legal nature in a condominium (WEG)
The administration of the common property is the responsibility of the community of owners (§ 18 (1) WEG). Every owner may demand administration and use that corresponds to proper administration in line with reasonable discretion (§ 18 (2) WEG).
The house rules are expressly named here: under § 19 (2) no. 1 WEG, drawing up house rules is part of proper administration and use. They are therefore not an interference with the ownership structure but a typical administrative measure that the owners regulate together. Under § 19 (1) WEG this applies only where the question is not already settled by an agreement of the owners.
It is important to distinguish two sources:
- House rules adopted by resolution rest on a majority resolution of the owners
- Agreed house rules are part of the community declaration and thus form part of the unit ownership
This distinction determines how the house rules can later be amended.
Adoption and amendment
Because drawing up the house rules is proper administration, the owners pass a resolution at the owners meeting (§ 23 (1) WEG). The majority follows the default rule of § 25 (1) WEG: the majority of the votes cast decides, that is a simple majority. No qualified quorum and certainly no unanimity is needed for a mere set of order rules.
Resolutions are also possible outside the meeting. A circular resolution without a meeting in principle requires the consent of all owners in text form under § 23 (3) WEG; for an individual item, however, the owners may resolve in advance that a simple majority of the votes cast is sufficient.
The same procedure applies to amendment: house rules adopted by resolution can be changed or supplemented by a new majority resolution. If the house rules are instead part of the agreed community declaration, they can only be changed by an agreement of all owners, unless an opening clause allows a resolution.
Example: A community supplements its house rules with a provision that bicycles may no longer be parked in the stairwell but only in the bicycle cellar. As this concerns the common property and the safety of the escape routes, a simple majority resolution at the owners meeting is sufficient (§ 19 (2) no. 1, § 25 (1) WEG).
Limits of the house rules
As wide as the scope for order rules is, its limits are just as clear. A majority resolution cannot regulate everything.
- No interference with the core of the unit ownership: the house rules may order coexistence in the building but may not hollow out the free use of an owner’s own flat. Prohibitions that in effect interfere with the unit ownership cannot be created by mere resolution
- No excess: rules must be proportionate. A complete ban on playing music or on any noise at all goes beyond the limit of permissible order; clear quiet hours, by contrast, are permitted
- No duties that require an agreement: anyone who wants to impose genuine new obligations on the owners or change the statutory or agreed framework needs an agreement, not a mere resolution. A resolution to that effect would be voidable or void
| Permitted by resolution | Only by agreement |
|---|---|
| Quiet hours, cleaning rota | Lasting restriction on using the flat |
| Refuse rules, parking areas | Interference with the unit ownership |
| Use of laundry room and garden | Creation of new in rem duties |
| Keeping escape routes clear | Change to the community declaration |
House rules in a tenancy
In tenancy law the house rules have a different basis. The lease obliges the landlord to grant the tenant the use of the rented property (§ 535 (1) BGB). Within this right of use the house rules may order coexistence, but they may not noticeably restrict the use owed under the contract.
Two routes must be distinguished:
- Part of the contract: if the house rules are agreed as an annex to the lease, they are binding on the tenant. Here duties going beyond mere order rules can also be set, in so far as they are valid
- The landlord’s right of direction: for mere order rules that concern only the manner of use, such as a cleaning rota or the location of the bins, the landlord may set requirements even without an express agreement. This must not, however, create new duties or restrict the tenant’s rights
The boundary follows the same logic as in the WEG: pure order yes, an expansion of contractual duties only by agreement. A clause that, for instance, transfers stairwell cleaning to the tenant for the first time must be agreed and must withstand the limits of German standard-terms law.
Anyone letting a condominium should align the WEG house rules and the tenancy house rules. Professional rental management in Frankfurt ensures that the rules in the lease are consistent with the resolutions of the community.
Enforcement and typical disputes
Even the best house rules are of little use if breaches go unanswered. Enforcement follows a sequence of steps:
- Notice: the disruptive party is first informed, factually, of the breach and the rule
- Warning: if the conduct continues, a formal warning follows with a concrete demand and a deadline
- Injunction: if that does not help, an injunction can be sought. In a tenancy, serious or repeated breaches may justify termination; in a WEG the community can enforce compliance against a disruptive owner (§ 18, § 19 WEG)
Typical disputes concern persistent noise outside the quiet hours, the permanent storing of items in the stairwell and the escape routes it blocks, arguments over the cleaning rota, and the use of communal areas such as the laundry room or garden. In a WEG, conflicts often turn on whether a rule is still mere order or already interferes impermissibly with the unit ownership.
For day-to-day implementation in the owners association, condominium management in Frankfurt is responsible: it prepares resolutions, monitors compliance with the house rules and mediates conflicts between owners.
Frankfurt and the Rhine-Main region
In apartment buildings in Frankfurt and the densely populated Rhine-Main region, clear house rules matter especially, because many units share a small space and the share of let condominiums is high. Carefully drafted and consistently enforced house rules prevent conflict and spare owners and tenants drawn-out disputes. An experienced property manager drafts the rules with legal certainty and enforces them evenly in day-to-day operations.
Sources
Editorial responsibility: digo.immo Verwaltung & Invest - certified residential property manager under § 26a WEG (IHK Frankfurt), licence under § 34c GewO. About the certification
This article provides general information only and does not replace individual legal advice. Legal status: 07/07/2026; laws and case law may change. No warranty is given as to completeness, accuracy or timeliness. When in doubt, please seek qualified advice.