Returning an asset to a functional condition after damage or failure. Under tenancy law, not an operating cost item that can be passed on to tenants.
Repair (Instandsetzung) is the return of an asset to a functional condition after a damage or failure. It includes repair work and the replacement of defective parts. Under the DIN 31051 scheme, it is distinct from servicing, which only slows wear, and from improvement, which raises reliability without anything having failed. In occupational safety law, it is part of maintenance (§ 2(7) BetrSichV). Necessary measures must be carried out without delay (§ 10(1), sentence 3).
For cost and billing, repair is the unplannable part. Under tenancy law, it is not part of the operating costs: under § 1(2) no. 2 of the German Operating Costs Ordinance, costs that must be incurred during the period of use to remedy defects arising from wear, aging and weathering are not operating costs. That applies to residential space, while for commercial space what the contract says governs. If an invoice combines servicing and repair, the portions must be separated if you pass costs on.
Repair can also trigger an inspection duty. Under § 2(9) BetrSichV, repair work can be a modification that requires an inspection if it affects the safety of the work equipment. The equipment then has to be inspected by a competent person before its next use (§ 14(3)), and an installation subject to monitoring before recommissioning (§ 15). When you order a repair, you should therefore clarify in the quote whether an inspection will be due afterward and who pays for it. Emergency call-outs follow the same rule as planned work: even when it has to be fast, a service report with cause, work and materials is part of the job.
What matters
- Before major repairs, ask for a written quote with items, hours and material prices, except where there is immediate danger.
- Have the cause of the damage stated and the replaced parts shown or documented.
- Clarify whether the repair falls under warranty, guarantee or a full-service maintenance contract.
- Ask whether an inspection is needed before recommissioning.
Suppose the controller of an elevator reports a fault at a shaft door after a defect. The service company replaces a component and charges an emergency call-out surcharge. The operator asks whether an inspection is needed after the intervention, gets the service report, and splits the invoice into repair and servicing so that the operating cost statement is correct.
In the original wording
“Operating costs do not include: […] the costs that must be incurred during the period of use to preserve the intended use, in order to properly remedy structural or other defects arising from wear, aging and weathering (maintenance and repair costs).”
Unofficial translation
“Necessary maintenance measures under sentence 1 must be carried out without delay, and the required protective measures must be taken.”
Unofficial translation