According to § 17 (1) of the Drinking Water Ordinance (TrinkwV), operators of water supply systems containing drinking water pipes or sections of such pipes made of lead must remove or decommission them by January 12, 2026, in accordance with generally accepted technical standards. For many parties involved in real estate, this will have far-reaching legal consequences when January 12, 2026, expires.
The relevance of lead pipes
The prevalence of lead pipes in existing German properties is often underestimated. Whether buying a house, managing real estate, or renting, the term “lead pipe” should make everyone involved sit up and take notice—because the legal and economic consequences are far-reaching.
From a legal perspective, there will often be a defect (in accordance with purchase, rental, or contract law), resulting in the typical conflict of interest between the parties involved in the respective contract. In addition, replacing the pipes will involve considerable expense. Since January 12, 2026, in particular, those responsible for drinking water systems will also be faced with an administrative offense. This is because, as soon as lead pipes are identified in the drinking water system, there is an immediate risk of a violation of § 72 (1) No. 7 TrinkwV in conjunction with § 17 (1) TrinkwV and, as a result, § 73 (1a) No. 24 in conjunction with (2) IfSG (Infection Protection Act), a fine of up to EUR 25,000.00.
Simple deadline extensions in accordance with § 17 (2) TrinkwV are no longer possible
Until January 12, 2026, operators of drinking water systems could still apply for “short” deadline extensions in accordance with § 17 (2) TrinkwV. This required proof that a specialist company had been commissioned and was available at a later date, due to capacity constraints, to remove and replace the pipes in question. However, such applications had to be submitted before January 12, 2026. This transitional arrangement was intended to enable operators to prepare for the replacement or decommissioning in good time and to carry out controlled remediation of the relevant systems only in exceptional cases, in consultation with the health authority.
Extensions of deadlines pursuant to § 17 (3) TrinkwV are rather a rare exception
The only remaining possibility for an extension of the deadline until January 12, 2036, at the latest, is regulated in § 17 (3) TrinkwV and is intended for cases of application that are unlikely to occur in the real estate industry. An extension of the deadline is therefore not a solution for the risks that arise.
Overarching relevance – Real estate transactions – Landlords/tenants – Property management – Construction industry
Operators who are confronted with the discovery of lead pipes therefore have a difficult task ahead of them: in addition to the rapid renovation of the drinking water system, it is important to engage in calm discussions with the health authorities and the users of the drinking water system. This issue should not be concealed, as this can have significant (financial) consequences (e.g., compensation, shutdown of the system).
Lead pipes are of considerable importance for buyers and sellers of real estate. A drinking water system with lead pipes regularly constitutes a material defect in the property. Similar to asbestos or dry rot, contract clauses and reservations should be carefully examined. In practice, this issue has often been overlooked in real estate transactions and has not been taken into account, or not sufficiently so, in the context of due diligence.
Landlords and property managers are particularly affected as typical operators of building water supply systems. If they become aware that pipes or parts of the drinking water system are made of lead or if this can be assumed, they are obliged to inform the consumers concerned in accordance with § 17 (5) sentence 1 TrinkwV. A violation of this duty to provide information—whether through omission, incorrect, incomplete, or untimely information—also constitutes an administrative offense punishable by a fine.
§ 17 (6) TrinkwV also stipulates a duty to provide information, which ensures a control function by the construction industry. If water supply and installation companies become aware of the existence of lead pipes, they are obliged to report this immediately to the health authority. This reporting obligation only does not apply if the company becomes aware of this in the course of a contract to decommission or remove the pipes in question.
Operators who are aware of or become aware of lead pipes in their drinking water systems are therefore required to take immediate action. In order to avoid legal consequences for non-compliance and to comply with the applicable reporting and notification requirements, it is advisable to seek legal advice at an early stage.
Conclusion: Seek expert advice to avoid liability risks
The issue of lead-containing drinking water pipes is complex and affects all players in the real estate market. The legal and economic consequences can be significant. If lead pipes are found or suspected, it is advisable to seek expert advice at an early stage. This is the only way to minimize liability risks and find legally compliant solutions.
Summary of the key facts
- Deadline January 12, 2026: The administrative offense under § 72 (1), (7) TrinkwV in conjunction with § 17 (1) TrinkwV will expire on January 12, 2026, provided that the operator is aware of or becomes aware of the lead pipes.
- Far-reaching liability risks: Lead pipes regularly constitute a material defect and affect all parties involved in the property.
- Information and reporting obligations: Operators must inform affected consumers, and installation companies must notify the health department; violations are punishable by fines.
