Recording evidence before refurbishment: the condition before work starts
How managers record units and common areas before building work, so later damage reports can be answered.
Record every affected unit and the common areas before work starts and afterwards. That way every damage report can be answered with the condition from before.
What to record before work starts
Everything the work could touch, including areas next to the actual site.
- 1
Affected units
Every room with walls, floor and ceiling, especially around windows and pipes.
- 2
Neighbouring units
Walls and ceilings bordering the site, because of cracks and vibration.
- 3
Stairwell
Steps, banisters, walls and doors that material will be carried past.
- 4
Cellar and pipes
Rooms and installations being worked on or in the way.
- 5
Facade and outside
Render, window sills, paths and green areas around the scaffolding.
- 6
After completion
The same scope again, so every spot can be compared.
Why this matters
Tenants have to tolerate the work (§§ 555a, 555d BGB), but the landlord side is liable for damage caused by it. Whether damage is new can only be answered with the condition before work started.
General information, not legal advice.
Frequently asked questions
Does the tenant have to let me in for the record?
Announce the visit in good time and explain its purpose. The record protects the tenant too: it shows what the tradespeople found and helps the tenant prove damage caused by the work.
Is a walk-through with the contractor enough?
It helps, but it does not replace a record of every unit. The contractor mainly records what concerns its own work, not the condition of each flat.
Is there a formal procedure for preserving evidence?
Yes, the independent evidence procedure at court (selbständiges Beweisverfahren, § 485 ZPO), for example with an expert. It is mainly worth it for large projects with a high risk of dispute. For everyday work, a careful record of your own is enough.
Also in this topic: Kaution statements without disputes: a manager's guideDocumenting a vacant unit: for owners and insurersTenant turnover: process and deadlines for managers
Is refurbishment coming up in the building?
Record every affected unit and the common areas before the scaffolding goes up. BildProof guides you through every unit room by room and creates a condition report for before and after.
See BildProof for property managers