August 20, 2026, 4:46 am | Read time: 4 minutes
A scaffold outside the window can become a convenient climbing aid for burglars. In the event of a break-in, residents often wonder who is responsible for the damages: home insurance, landlord, homeowners association, or scaffolding company? Attorney Nicole Mutschke has the answer.
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Who is liable after a break-in via the scaffold?
“Initially, the burglar is liable,” explains attorney Nicole Mutschke. But since the perpetrators are often not caught, this finding is of little practical help to those affected. For stolen or damaged household items, home insurance is usually the most important contact. It’s different for damage to the building. If windows, doors, or other parts of the building are damaged, the owner is generally responsible for their repair.
However, there is no automatic liability for the landlord or scaffolding company towards the resident. “Landlords, homeowners associations, or scaffolding companies are only liable for further damages if they have negligently violated a specific duty of care,” says Mutschke.
What security measures are required?
According to the attorney, there is no fixed legal catalog for securing scaffolds. The necessary measures depend on the specific situation. Possible measures include secured scaffold access, difficult ladder climbs, closed doors, lighting, and regular inspections.
“Owners and landlords must organize necessary measures and inform residents about particular risks,” says Nicole Mutschke. The scaffolding company is responsible for the proper setup and agreed-upon access security. However, no one has to guarantee absolute burglary security.
When are landlords or homeowners associations liable?
Landlords or homeowners associations may be liable if obvious security gaps are not adequately addressed or secured. If work is being done on common property, such as the facade or stairwell, the responsibility usually lies with the homeowners association. Additionally, landlords have protection and care obligations towards their tenants. Claims for damages exist only if it can be proven that a security deficiency enabled or significantly facilitated the break-in via the scaffold.
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Do I have to report the scaffold to my insurance as a tenant?
Whether a scaffold must be reported to home insurance depends on the specific insurance conditions, explains the attorney.
However, failing to report does not automatically mean the insurance won’t pay: “A reduction or denial is only considered if the scaffold was reportable and played a role in the break-in or the extent of the damage.”
Is a scaffold an increased risk?
A scaffold can represent an increased risk if it significantly eases access to windows or balconies for burglars. “Whether this is actually the case depends on the location, duration, and existing security measures,” says Mutschke. A possible consequence could be a reporting obligation to the insurance.
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How early must the landlord inform?
If a scaffold is erected for a modernization measure, tenants must generally be informed at least three months in advance. However, there are no fixed legal deadlines for pure maintenance or repair work.
The key factor is how much the work interferes with the residents’ daily lives. For example, if balconies need to be cleared or workers need access to the apartment, a correspondingly longer lead time is required. “For urgent repairs, the announcement may be shorter or, in exceptional cases, omitted entirely,” reveals Nicole Mutschke.
What residents can consider
If you discover a scaffold outside your apartment, you should first check whether your home insurance requires a report. In case of doubt, a short written inquiry to the insurer provides clarity.
Windows and balcony doors accessible via the scaffold should be completely closed when absent. “If the window is left ajar, it could be considered grossly negligent and lead to a reduction,” warns the attorney. For easily accessible windows, opaque tarps, or inadequately secured scaffold access, residents should alert the landlord or property management to the risk.
If a break-in occurs via a scaffold, those affected should inform the police and their insurance and document the damages. Whether additional claims against landlords, homeowners associations, or scaffolding companies exist depends on the individual case. The decisive factor is whether a specific duty of care was violated and whether this deficiency “enabled or significantly facilitated the break-in.”