Who takes financial responsibility when a rooftop in Schöneberg goes up in flames?
A fire broke out in an attic on Kärntener Straße, Schönberg, on Wednesday. The blaze required the efforts of nearly 170 firefighters, who used ladders and heavy equipment to combat the flames. The cause of the fire is currently under investigation, with allegations of negligence by a roofer.
In Germany, when the cause of a roof fire is undetermined or no culprit is found, the financial responsibility for damages typically falls on the property owner. This is because, under German property and insurance law, without a proven third-party liability, the owner is responsible for the maintenance and repair of their property, including the roof[1].
However, the financial burden can often be mitigated if the property owner has adequate homeowners or building insurance (Wohngebäudeversicherung). Such insurance usually covers damages caused by fire, including roof fires, regardless of the cause or whether a culprit is identified[2]. The policy covers repair or replacement of the damaged roof and related building parts under standard perils including fire, smoke, and water damage from firefighting efforts[2][3].
In the case of a craftsman causing a fire, the client (usually the property owner) is responsible. If the roofer's gross negligence or intent is proven, the client can claim damages[4]. In such a case, the professional liability insurance of the roofer would pay[5].
Unfortunately, the damage from the Schönberg fire is significant, and the entire house has become uninhabitable. An affected family is still collecting donations, and so far, around 15,000 euros have been collected for the Schönberg fire victims.
The high temperature of nearly 40 degrees Celsius made it necessary to rotate the rescuers regularly during the firefighting effort. The police are investigating the suspicion of negligent arson.
It is worth noting that the exact cause of the Notre-Dame fire in Paris in 2019 is still unknown, and the French state had to pay for the damages. This serves as a reminder for property owners to ensure they have appropriate building insurance in place to protect against such unforeseeable damages[2][3].
Interestingly, about a year ago, there was a similar roof fire at Schönberger Willmanndamm in Berlin. In that previous incident, a man lost his life[6]. The cause of the previous roof fire is not specified.
As the investigation continues, it is crucial for all parties involved to understand their responsibilities and the role of insurance in covering damages. Property owners should take this opportunity to review their insurance policies and ensure they are adequately covered.
- Under German property and insurance law, if the cause of a roof fire remains undetermined and no culprit is found, the property owner is usually financially responsible for the damages.
- Homeowners or building insurance (Wohngebäudeversicherung) often covers damages caused by fire, including roof fires, regardless of the cause or the identification of a culprit.
- If a craftsman, such as a roofer, causes a fire and their gross negligence or intent is proven, the client (usually the property owner) can claim damages, with the roofer's professional liability insurance covering the costs.
- Real-estate owners in Germany should consider the financial implications of roof fires and ensure they have adequate insurance coverage to mitigate their financial burden, as the cost of repairs can be significant.
- In light of the Schönberg fire and the Notre-Dame fire in Paris, property owners are reminded of the importance of having appropriate building insurance to protect against unforeseeable damages like fires.
