§ 18 — Policy · Civil Law

The Civil Code,
in use.

The Bürgerliches Gesetzbuch of 1900 governs contracts, property, family and inheritance. Its rules on renting a flat or buying a product affect almost everyone. These are the chapters the ministry has been rewriting.

Chapter I · §§ 556d ff. BGB

The rent brake, extended to 2029

The rent brake (Mietpreisbremse) limits rents in new tenancies in tight housing markets to 10% above the local comparative rent. It was due to expire. Hubig introduced the extension bill in the Bundestag on 5 June 2025, arguing that the brake is “not a cure-all, but it works”. The Bundestag passed the extension to 31 December 2029 on 26 June 2025 with votes from CDU/CSU, SPD and the Greens; it entered into force on 23 July 2025.

Criticism: The landlords’ association Haus & Grund considers it counterproductive; the tenants’ association welcomed it but wants loopholes closed; the Left called it insufficient, the AfD argued it creates no new housing.

Implemented

Chapter II · Tenancy reform 2026

Index rents, furnished flats, short lets

The second tenancy package, adopted by the cabinet on 29 April 2026 and read for the first time on 9 July 2026, addresses ways around the rent brake:

  • Index rents: in tight markets, annual increases above 3% would count only half.
  • Furnished flats: the furniture surcharge would be capped at 1% of the furniture’s current value per month, or 10% of the net rent for fully furnished flats.
  • Short-term lets: limited to six months, with one extension to eight.
  • Second chance: paying arrears within the grace period would also prevent ordinary termination.
  • Modernisation: the threshold for the simplified procedure rises from €10,000 to €20,000.

Criticism: Haus & Grund’s president called it a vote of no confidence against private landlords; the Bundesrat asked for better balance and incentives for new construction. The tenants’ association supports it. At a real-estate congress in March 2026, Hubig defended the package alongside a simpler building standard (“Gebäudetyp E”).

Legislative process

Chapter III · § 356a BGB

Contracts concluded online

Since 19 June 2026 online consumer contracts must offer a clearly labelled withdrawal function. The rule sits in the Civil Code itself, alongside the general law of withdrawal. See Consumer Protection.

Implemented

Chapter IV · Warranty and Product Liability Act

Repair and liability for software

The right-to-repair law (adopted June/July 2026) extends warranty rights when consumers choose repair. The new product-liability law, in parliament since March 2026, extends strict liability to software and AI and must be in force by 9 December 2026 under EU law.

Repair adopted Liability in process

Chapter V · Insurance contract law

Natural-hazard insurance

After repeated floods, the coalition plans a compulsory natural-hazard component in new residential building insurance, with a possible opt-out. Hubig set out the plan at the insurers’ association conference on 23 September 2026, citing coverage of 59%. Objections from the insurance industry have not been reviewed for this page.

Proposed

Sources

  1. German Bundestag, rent-brake extension, 5 and 26 June 2025 — bundestag.de; LTO, “Bundestag verlängert Mietpreisbremse bis 2029”
  2. epd/evangelisch.de, cabinet tenancy package, 29 April 2026; Bundestag hib on first reading
  3. Federal Government bulletin, speeches at the BFW real-estate congress (5 March 2026) and GDV Versicherungstag (23 September 2026)
  4. LTO, tenancy reform 2026 and Haus & Grund reaction — lto.de