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Property Service Agreement Template for Germany

A Property Service Agreement governed by German law (Dienstleistungsvertrag für Immobilien) is a comprehensive legal document that establishes the terms and conditions for property-related services between a service provider and a property owner or manager. The agreement is structured according to German Civil Code (BGB) requirements and includes detailed provisions for service scope, performance standards, liability allocation, and compliance with German property management regulations. This document addresses both routine maintenance and specialized services, incorporating specific German legal requirements for property management, workplace safety, and service provision standards.

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What is a Property Service Agreement?

The Property Service Agreement is essential for establishing a formal relationship between property owners/managers and service providers in Germany. This document is typically used when engaging professional services for property maintenance, management, or specialized facility services. It ensures compliance with German legal requirements, including the BGB (German Civil Code) and relevant property management regulations. The agreement covers crucial aspects such as service scope, performance standards, liability, insurance requirements, and payment terms. It's particularly important in commercial and residential property management, where clear service definitions and compliance with German property laws are essential. The document should be tailored to specific property types and service requirements while maintaining compliance with German legal frameworks for property services.

What sections should be included in a Property Service Agreement?

1. Parties: Identification of the service provider and property owner/manager, including full legal names, registration details, and addresses

2. Background: Context of the agreement, including property details and purpose of the service arrangement

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

4. Scope of Services: Detailed description of services to be provided, including regular and periodic maintenance tasks

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Service Provider's Obligations: Detailed responsibilities, performance standards, and compliance requirements

7. Client's Obligations: Property owner's responsibilities, including access provision and information sharing

8. Fees and Payment Terms: Service charges, payment schedule, invoicing procedures, and late payment consequences

9. Service Standards: Quality standards, performance metrics, and service level requirements

10. Insurance and Liability: Required insurance coverage and allocation of risks between parties

11. Confidentiality: Protection of confidential information and data protection requirements

12. Force Majeure: Circumstances excusing performance and related procedures

13. Governing Law and Jurisdiction: Confirmation of German law application and dispute resolution procedures

14. General Provisions: Standard clauses including notices, amendments, and severability

What sections are optional to include in a Property Service Agreement?

1. Emergency Services: Additional provisions for emergency response services, used when 24/7 coverage is required

2. Specialized Equipment: Specific terms for use and maintenance of specialized equipment, included when service provider uses their own equipment

3. Subcontracting: Terms governing the use of subcontractors, included when subcontracting is permitted

4. Environmental Compliance: Special environmental requirements, included for properties with specific environmental concerns

5. Security Services: Additional terms for security services if included in scope

6. Staff Requirements: Specific staffing qualifications and requirements, included when specific expertise is needed

7. Property Access Protocols: Detailed access procedures, included for high-security or sensitive properties

8. Waste Management: Specific provisions for waste handling, included when waste management is part of services

What schedules should be included in a Property Service Agreement?

1. Schedule 1 - Service Specification: Detailed breakdown of all services to be provided, including frequency and standards

2. Schedule 2 - Fee Schedule: Detailed pricing structure, including base fees and additional service charges

3. Schedule 3 - Property Details: Comprehensive information about the property/properties covered by the agreement

4. Schedule 4 - Key Performance Indicators: Specific metrics for measuring service performance

5. Schedule 5 - Contact Details: List of key contacts and escalation procedures

6. Schedule 6 - Equipment Inventory: List of equipment provided by either party for service delivery

7. Appendix A - Required Forms: Standard forms for service requests, reporting, and documentation

8. Appendix B - Health and Safety Procedures: Specific health and safety requirements and procedures

9. Appendix C - Maintenance Schedules: Detailed maintenance planning and scheduling information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use

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