Practical Guide
If you live in a Berlin apartment built before 1993, your home may contain asbestos. Your landlord may know. You probably don’t. This guide explains what to look for, what your rights are under German law, and where to get help — in English.
Risk Check
Asbestos was legally used in German construction until October 31, 1993. If your building was constructed or significantly renovated before that date, asbestos-containing materials may be present. This applies to roughly 25% of all residential buildings in Germany.
In Berlin, the problem is particularly widespread. An estimated 58,847 apartments owned by the city’s state-owned housing companies are registered as containing or suspected of containing asbestos (as of December 2025). Berlin-wide, including private housing, estimates reach up to 500,000 apartments.
You cannot identify asbestos by looking at it. Only laboratory analysis provides certainty. Common locations in Berlin apartments from the 1960s–1980s:
Vinyl tiles (often 30×30 cm), known as “Floor-Flex” in Germany. The black adhesive beneath them is often more dangerous than the tiles themselves — it contains higher concentrations of asbestos fibers and is easily disturbed during removal.
Lightweight boards in kitchens, bathrooms, and hallways. Often installed as fire protection or moisture barriers. Can release fibers when drilled into or removed during renovation.
Coverings on heating and water pipes, typically found in basements, shafts, and behind walls. Deterioration with age can release fibers into living spaces.
Plaster, sealants, putty, and textured wall or ceiling finishes. These materials can contain asbestos and release fibers when sanded, scraped, or drilled.
Berlin’s state-owned housing entities (“Landeseigene Wohnungsunternehmen”) manage over 350,000 apartments. Asbestos-affected units by company (as of December 2025): degewo: 23,883 (incl. suspected) · GESOBAU: 15,089 (estimated by building age) · HOWOGE: 6,571 · Gewobag: 5,639 · WBM: 2,266 · berlinovo: 2,610 · Stadt und Land: 2,789.
Source — Written Parliamentary Question, Drs. 19/25 368 (December 2025)
Built before 1993? Asbestos may be present. Owned by degewo, HOWOGE, Gewobag, GESOBAU, Stadt und Land, WBM, or berlinovo? Your landlord likely has asbestos data on file — ask in writing. Original vinyl floor tiles (30×30 cm)? These may be asbestos-containing Floor-Flex tiles. Planning to renovate? Stop. Do not drill, sand, or remove any material until you know what it contains.
The Information Gap
Berlin’s state-owned housing companies have known about asbestos in their buildings for decades. A parliamentary inquiry in April 2000 confirmed 14,400 affected apartments at degewo alone. The official response at the time: “No tenant information necessary.” That policy has not fundamentally changed since 2000.
Tenants are not systematically informed. Lease contracts contain no asbestos clauses. When tenants move out, apartments are quietly tested and, if necessary, remediated — but the incoming tenant receives no disclosure either.
degewo’s own Group Management Report 2017, audited by PwC, lists asbestos among the risks that require increased attention. The Deutsche Wohnen stock prospectus (2011) discloses asbestos-related rent reduction risk to investors. The same information is withheld from the tenants who live in the apartments.
Sources — degewo Konzernlagebericht 2017, risk report 3.2.2 ‘Objektrisiken’ (Annex I, pp. 17–18); PwC audit report, p. 12; Deutsche Wohnen Börsenprospekt of November 14, 2011, pp. 170–171
The full investigation documents a quarter-century of institutional knowledge, concealment, and the legal battle of a single tenant who discovered the contamination by accident. Read the full story →
German Law
German tenancy law provides strong protections — even if you don’t speak German. Here are the key provisions that apply to asbestos in rental apartments:
If your apartment has a defect that reduces its usability, you are entitled to a rent reduction (“Mietminderung”) for as long as the defect persists. Asbestos contamination can qualify.
Courts have ruled: 20% reduction where asbestos-containing floor tiles were damaged — on the facts of that case (LG Berlin, Az. 66 S 212/18). For undamaged material the same decision denies a defect, so long as no escape of fibres occurs or is to be feared. In severe cases, where asbestos release renders the flat uninhabitable, a court has awarded substitute-housing costs and held that no rent was owed for the contamination period (AG Eutin, judgment of 20 June 2018, case 27 C 593/15). The full overview of German asbestos case law — including the rulings tenants lose — is on the court rulings page.
You do not need your landlord’s permission. The reduction takes effect by law from the moment the defect exists — no notice, deadline or declaration is required (Section 536 (1) Civil Code). Report the defect without delay all the same (Section 536c (1)): to the extent the landlord could not remedy it because you did not report it, you lose the reduction and any damages under Section 536a (1) (Section 536c (2)). No particular form is required; written notice with proof of receipt is what you can prove later. Do not simply pay less: pay the full rent under express reservation and reclaim the difference later — that way no arrears build up.
The Berlin Regional Court stated in its reasoning that a professional landlord must inform tenants about asbestos it knows of or ought to know of. It follows that the duty turns on the presence of the material, not on whether it is damaged. Failure to disclose would be a breach of the landlord’s duties of care, protection and safekeeping.
The ruling matters because many landlords argue that undamaged asbestos poses no risk and therefore requires no disclosure. On the tenancy-law question the court did side with them, though on a narrower ground than they argue: floor panels and adhesive are not “weakly bound” within the meaning of the 1996 guideline, so as long as they were undamaged there was no defect and no duty to remediate. It did not say the material was harmless — and it kept that question apart from the duty to say what is in the building.
The landlord is liable for damages if the defect already existed when the lease was signed, if a later defect is one the landlord is responsible for, or if the landlord is in default with remedying it (Section 536a (1) Civil Code) — for example the cost of substitute housing where fibre release made the home uninhabitable (Local Court Eutin, 27 C 593/15). All three require a defect; for undamaged floor panels and adhesive the Berlin Regional Court denied one (18 S 140/16), and, under 18 S 140/16, liability for a defect that already existed when the lease was signed does not automatically cover risks that, by the standards of science and technology, were not yet recognisable when the tenancy began. A missing warning about asbestos is examined separately, as a breach of the landlord’s duties of care, protection and safekeeping (Sections 241 and 823 Civil Code) — the basis on which the Berlin court examined damage to health; see the card on the duty to disclose.
The revised German Hazardous Substances Ordinance (December 2024) requires contractors to investigate for asbestos before any building work in pre-1993 buildings. However, it does not require landlords to proactively check whether their buildings contain asbestos. The gap between renovation safety and tenant information remains.
All official communication with your landlord about defects should be in writing and in German — or at minimum in both languages. A registered letter (“Einschreiben”) creates a legally valid paper trail. If you are unsure how to phrase your request, the organizations listed below can help.
Take Action
If you suspect asbestos, do not touch, drill, grind, sand, or break the suspected material. Asbestos is dangerous when fibers become airborne. Intact materials in good condition are not an immediate health risk — but any disturbance changes that. According to specialist literature, grinding asbestos-containing adhesive releases approximately 1.2 to 1.5 million fibers per cubic meter of air (Bossemeyer et al. 2015). This is invisible and odorless.
Photograph the suspected area. Note the location in your apartment, the condition of the material (intact, cracked, damaged), and the date. If you have your original lease, check if it mentions any renovation history or building materials. Keep all records — they may be critical later.
Send a registered letter (“Einschreiben mit Rückschein”) to your landlord asking whether asbestos-containing materials are present in your apartment. This creates a legally valid paper trail with proof of delivery.
A registered letter costs approximately €4–5 at any Deutsche Post branch. You can write in English, but adding a German translation strengthens your position. Keep a copy of everything you send.
If your landlord does not respond or denies knowledge, you can have a material sample analyzed independently. An accredited laboratory can test a small sample for asbestos. The laboratory analysis alone costs roughly €50–150 per sample — an indicative range, not surveyed market prices, and it does not include on-site sampling.
How to sample safely: Dampen the area with water first (this suppresses fiber release). Wear an FFP3 mask (available at any Baumarkt for ~€5). Break off a small piece (2×2 cm is enough). Place it in a sealed zip-lock bag. Send it to a laboratory — results typically take 3–5 business days.
Keep all correspondence (emails, letters, delivery receipts), photographs, test results, and your landlord’s responses. If your landlord later claims to have informed you, or if you need legal recourse, written evidence is everything.
This is especially important before moving out. Once you vacate, physical evidence of contamination may be lost during renovation.
If asbestos is confirmed and your landlord is not cooperating, seek legal advice. You may be entitled to rent reduction, compensation, or temporary relocation at your landlord’s expense. The organizations below can help — several offer advice in English.
Local Resources
Germany’s largest tenants’ association. Offers legal advice on tenancy disputes, including asbestos cases. Membership costs ~€9/month and includes legal consultations. Some advisors speak English.
The Berlin state authority responsible for asbestos regulation and oversight. They issue the guidelines that govern asbestos removal in Berlin. If your landlord is not complying with safety regulations, LAGetSi is the supervisory authority.
Offers independent advice on tenancy law, including disputes about building defects. Consultations available in German; some advisors speak English. Low-cost appointments available.
We document the systematic handling of asbestos contamination in Berlin’s state-owned housing. If you have information about asbestos in your apartment — or if you are a journalist or researcher working on this topic — we welcome contact.
E-Mail: [email protected]
German and English. All information shared is verifiable through official records.
This guide covers the practical basics. The investigation documents a quarter-century of institutional concealment — with parliamentary records, court files, and company reports.