In the Eifel and the Hunsrück the first snow often arrives overnight, and by seven in the morning the pavement outside the house has turned into a slide. Who has to clear it is set by the snow clearing duty - and it does not only apply to homeowners. This guide explains who is responsible in Germany, when the snow has to be cleared, how thoroughly, and what happens if someone falls on your pavement.
Where the Snow Clearing Duty Comes From
Public pavements are, strictly speaking, the municipality's job. Most municipalities, however, pass clearing and gritting on to the adjoining residents by local bylaw - in other words, to the owners of the properties along the street. On your own land the general duty of care applies anyway: if you open a path to other people, you have to keep it safe. That covers the way to the front door as much as the yard, the driveway, the car park and the path to the bins.
The details are set out in the street cleaning bylaw of your town or Verbandsgemeinde, and they differ from place to place. What applies in Trier is not necessarily the same in Wittlich or Bitburg. It is worth reading the bylaw before the first frost - most municipalities publish it on their website.
Owner, Landlord or Tenant: Who Has to Clear and Grit?
The owner is responsible first and foremost. A landlord may pass the duty on to tenants, but only if it is expressly agreed in the tenancy agreement, for example through house rules that form part of the contract. A notice in the stairwell is not enough on its own. If the contract says nothing, tenants do not have to pick up a shovel.
Even when the tenants do the clearing, the landlord is not entirely off the hook and still has to check that the clearing and gritting actually happen. In owners associations the property manager usually organises the winter service, often through a contractor. As a rule its costs can be passed on to tenants as service charges if the tenancy agreement provides for it.
From What Time and Until When Must the Snow Be Cleared?
The times are set by your municipality. A common rule is from 7 am on weekdays and from 8 or 9 am on Sundays and public holidays, in each case until around 8 pm. If you leave for work at six, you still have to make sure the path is clear in time.
If it snows all day, clearing once is not enough. You have to clear again as soon as it makes sense - nobody expects the impossible during heavy snowfall, but once it eases you have to act promptly. Freezing rain is particularly treacherous: if ice forms during the day, it has to be gritted straight away, even if everything was dry in the morning. At night the duty generally does not apply.
How Wide and How Thoroughly to Clear
The duty does not require a snow-free pavement from wall to kerb. What has to be clear is a strip wide enough for two pedestrians to pass each other, usually around one to one and a half metres depending on the bylaw. Add to that the way to the front door, the letterbox and the bins. Where there is no pavement, for example on a narrow residential street, a strip along the edge of the road usually has to be cleared. Push the snow to the edge of the pavement, not onto the road, and keep drains, hydrants and crossings free.
Grit, sand or granules are suitable for gritting. Road salt is banned for private use in many municipalities, or allowed only at dangerous spots such as steps and slopes, because it damages trees, plants and soil. Here too, the local bylaw decides.
Holidays, Illness, Work: The Duty Does Not Take a Break
The duty applies even when you are not at home. If you travel in winter, fall ill or leave the house early, you need to arrange cover in good time - a neighbour, for example, or a winter service. The same goes for older people who can no longer shovel themselves: the duty stays, only the hands change.
What Happens If the Snow Is Not Cleared?
If you neglect the duty and someone falls, you are liable for the damage - from medical costs to compensation for pain and suffering. Private liability insurance often steps in, but that is not guaranteed. On top of that, the municipality can impose a fine for breaching the bylaw. In a dispute, what counts is whether you can show that, and when, the path was cleared and gritted.
When a Winter Service Makes Sense
For a detached house with a short stretch of pavement, your own shovel is often enough. It is a different matter for apartment buildings, commercial properties with car parks, medical practices and shops with customer traffic - or if you are simply not there early in the morning. A professional winter service takes the work off your hands: it clears and grits at the agreed times, is on site before work and opening hours begin, and clears again if the snow keeps falling. On request every visit is logged with date and time, so you have something to show in a dispute. Set out in the contract exactly which areas are covered and when. Even then you are not entirely free of responsibility - an occasional check is part of it.
Winter Service in Wittlich, Trier and the Region
Top Clean provides winter service for private and commercial customers throughout Rhineland-Palatinate, Saarland and Luxembourg - from Wittlich and Trier to the Eifel and the Moselle. It is best arranged before the first snow: send us a short enquiry with the address and the areas to be cleared, and you will receive a free, no-obligation quote.
Note: this article is a general overview and does not replace legal advice. The bylaw of your municipality is what counts.
Rather have it done for you? Professional winter service
