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When renting commercial space, it is about more than just the rent and the contract. A demarcation list—which precisely defines which responsibilities lie with the tenant and which with the landlord—prevents much dispute, especially regarding maintenance and repairs. Yet it is often overlooked.
What is a demarcation list?
A demarcation list is a document attached to the lease agreement that specifies, for each part of the leased property, who is responsible for what: the tenant or the landlord. Examples include maintenance, repairs, and replacement of installations, climate control, security, the facade, and technical facilities.
Why is that so important?
The law and the standard contract broadly divide maintenance between tenant and landlord, but leave much room for discussion. Who pays for a broken central heating boiler, replacing lighting, or a malfunction in the installation? Without a clear demarcation, this leads to conflicts and unexpected costs. The demarcation list makes it crystal clear.
Avoid unexpected costs
Costs can mount up significantly, especially for technical facilities. By establishing in advance who bears what, you prevent being surprised as a tenant by an unexpected bill — or being held responsible as a landlord for maintenance that is actually the tenant's responsibility. A good demarcation list protects both parties.
Compile the list carefully
When concluding the lease agreement, review all relevant sections and define responsibility for each. Align the demarcation list with the lease contract so that they do not contradict each other. Preferably, have the list legally reviewed to ensure the demarcation is complete and consistent.
Frequently Asked Questions
What is included in a demarcation list?
For each part of the leased property, who is responsible for maintenance, repair, and replacement — tenant or landlord.
Is a demarcation list mandatory?
Not mandatory, but highly recommended: it prevents disputes and unexpected costs regarding maintenance and repairs.
For whom is the list important?
For both tenant and landlord: this way, both know exactly where their responsibilities lie.
Want to properly arrange your lease agreement and demarcation?
Our legal experts draft or review your lease agreement and demarcation list. View our tenancy lawteam or schedule a free consultation.
