Dec 8th 2025 Duty to clear & grit in Tyrol: How to avoid liability risks in winter

Before you buy snow shovels, clarify the roles. Responsibilities can be transferred by contract - but ultimately the responsibility for ensuring that the property is cleared properly remains with the owner.

Winter maintenance will only work reliably if everyone involved is clear about who does what and by when.

• Owner / WEG (common property): Basic responsibility for pavements, entrances, driveways, external staircases, rubbish areas.
• Landlord:in → Tenant:in: Transfer possible via rental agreement (house rules/annex). Important: Reasonableness, clear times, replacement rule in case of absence.
• Property management: Organises the service in the WEG, obtains offers, records resolutions, monitors contracts.
• External winter service: Contract with scope of services, intervals, thresholds (cm/°C) and liability regulations.
  

Obligations are not limitless - but they are binding. The decisive factors are normal traffic times, danger spots and current weather conditions.

Before you write plans, define the minimum times and sensitive zones.

• Times: Usual times are mornings (e.g. from 6/7am) to evenings (e.g. 8pm/21pm); weekends/holidays slightly later.
• Areas: Pavement in front of the house (if assigned to the property), access to the house, stairs/outside ramps, rubbish areas, car parks/entry/exit areas.
• Reasonableness: Rework regularly in the event of continuous snowfall; grit in good time in the event of black ice. In extreme situations (slopes, freezing rain), document when work was carried out.
  

In apartment buildings, the owners' association decides on organisation, costs and commissioning. Without clear rules, winter maintenance fails due to misunderstandings.

• Decision content: Responsibilities, service provider/representative, deployment criteria (cm/°C), response times, on-call duty, documentation, monitoring, cost allocation.
• House rules: Specific resident obligations (e.g. staircase mats, wipers, no tipping water onto paths), reporting routes for hazardous areas.
• Notice/info sheet: Brief version with emergency numbers, emergency windows and request to report dangerous areas.
  

If something does happen, documentation counts. Without proof, care is difficult to prove.

That's why you should take this step seriously: Good paperwork speeds up settlement and protects against unjustified claims.

• Check insurance policies: Building & liability insurance (incl. pavement/neighbourhood duties), if applicable, public/housekeeper's liability with the service provider.
• Proof of performance: Operation logs (date/time/type), photos of critical areas before/after operation, temperature/snow notes.
• Defect report: Simple channel (e-mail/QR/telephone) that is documented; define response time.
  

Not only paths are risky. Roof avalanches and ice formation need attention - at an early stage. Take preventative measures before things become critical.

• Safety: snow guards, icicle control, barrier tape in case of danger, warning signs.
• Hotspots: North sides, eaves above entrances, shaded courtyard areas; regular visual checks after snowfall/thaw change.
  

Checklists avoid gaps. Work through these points once - the rest is routine.

1. Responsibilities set out in writing (tenancy agreement/condominium owners' agreement/winter service contract)
2. Operating times & thresholds (cm/°C) defined
3. Areas mapped (pavement, entrances, ramps, rubbish, parking)
4. Representation in case of absence fixed (tenant:in)
5. Contact person & emergency numbers defined
6. Gritting materials & equipment available (environmentally friendly), storage area dry
7. Documentation: protocol/photo provided
8. Notice board/house rules updated
9. Insurance policies checked (incl. liability)