Today we would like to deal with a topic that can very often become a problem for our customers.
You or I?
System inspection according to DIN VDE 0105-100 – who is responsible?
Surely you know the situation from your company or your business premises: The electrical distributions should have been checked a long time ago. Most likely, this check was carried out the last time during construction, as this is decisive for the acceptance. After that, there was no further concern for a repeat examination. In the case of rented business premises, the question arises again as to who is responsible for this inspection.
DIN VDE 0105-100 (EN 50110) applies to electrical systems of all voltage levels, from low voltage to high voltage. The prerequisite is that the system is used to generate, convert, transmit, distribute or use electrical energy.
On the subject of jurisdiction, reference may be made to the judgment of the Saarbrücken Higher Regional Court of June 4, 1993, file number 4 U 109/92:
- As part of the maintenance obligation that applies to it, the landlord is obliged to regularly check the electrical system of the rented building in accordance with the recognized rules of technology, the VDE regulations and the relevant accident prevention regulations for electrical systems and equipment (VBG 4) due to the test intervals.
- If the lessor does not comply with this inspection obligation and the lessee is damaged by a fault that has occurred in the electrical system (cable fire), the lessor is liable to the lessee for this damage. There is a – refutable – presumption that the event of damage caused by the error in the electrical installation would have been avoided if the recognized rules of technology (compliance with the inspection deadlines) were observed.
- These verification obligations, which can be derived from § 536 BGB , apply equally to private and commercial landlords.
The judgment at that time underlines the importance of the operating regulations for high-voltage systems (formerly DIN VDE 0105 Part 1) and the obligation to test in the sense of the accident prevention regulation for electrical systems and equipment (formerly VBG 4).
Also good to know:
The system operator (ANLB) does not have to be an electrician.
The person responsible for the system (ANLV) must be an electrician.
According to Article 14 (2) of the Basic Law, property is an obligation and should serve the public good. Conversely, nobody should be harmed by it. The legal structure between tenant and landlord/owner is basically regulated in the Civil Code (BGB) and in the Criminal Code (StGB). From §§ 535, 536 BGB follows the legal obligation of the lessor/owner to leave and maintain the rented property in a condition suitable for the contractual use (see also the guiding principle on OLG Saarbrücken, Az. 4 U 109/92). According to § 538 BGB, the landlord/owner cannot charge the tenant for changes or deterioration (due to wear and tear) of the rented item (here: the electrical system) if used in accordance with the contract.
You and your landlord should do the same. the owner of the property know:
According to § 823 (1) BGB, the obligation to ensure public safety applies to rentals. Here it says: ” Anyone who intentionally or negligently violates the life, body, health, freedom, property or any other right of another person is obliged to compensate the other person for the resulting damage.”
So you can see that the topic ” testing of electrical systems according to DIN VDE 0105-100 (EN 50110)” is of great importance. eteK-NORD will be happy to advise you on this. Thanks to our many years of experience, especially in this part of the DGUV, we are always at your side with advice and action .
The entire eteK-NORD Sales Team wishes continued success in the new year 2022!