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A Shared Facilities Agreement sets out how multiple parties share and maintain common areas or equipment within a property. In German commercial real estate, these agreements (Gemeinschaftsanlagenverträge) typically cover shared lobbies, parking areas, elevators, and utility systems between different tenants or property owners.

Under German civil law, these contracts establish clear responsibilities for costs, maintenance schedules, and usage rights. They help prevent disputes by specifying how expenses are divided, when maintenance occurs, and who manages daily operations. Most German commercial buildings rely on these agreements to ensure smooth operations, especially in mixed-use developments where retail, office, and residential spaces coexist.

You need a Shared Facilities Agreement when multiple parties share building spaces or equipment in German commercial properties. This is especially crucial when setting up mixed-use developments, office complexes, or retail centers where different businesses share elevators, parking areas, or utility systems.

The agreement becomes essential before occupancy begins, as German property law requires clear documentation of cost allocation and maintenance responsibilities. Many property managers implement these agreements during the planning phase of new developments or when reorganizing existing shared spaces. Having this agreement in place prevents costly disputes and ensures compliance with local building regulations (Bauordnungsrecht).

• Basic Facility Sharing Agreement: Covers essential shared areas like lobbies, hallways, and parking in standard commercial buildings
• Multi-tenant Service Agreement: Detailed arrangements for office complexes with multiple businesses sharing premium amenities and services
• Mixed-Use Complex Agreement: Addresses unique needs of retail, residential, and office tenants sharing facilities in one development
• Technical Infrastructure Agreement: Focuses on shared utility systems, HVAC, and telecommunications infrastructure
• Cost Allocation Agreement: Emphasizes detailed formulas for distributing maintenance costs and utilities among occupants

• Property Owners: Initiate and sign Shared Facilities Agreements when subdividing buildings or creating mixed-use developments
• Property Management Companies: Handle daily administration, maintenance scheduling, and cost allocation among tenants
• Commercial Tenants: Must comply with agreement terms and contribute to shared maintenance costs
• Legal Counsel: Draft and review agreements to ensure compliance with German property laws
• Facility Managers: Execute maintenance plans and oversee shared services as specified in the agreement
• Building Service Providers: Deliver maintenance, cleaning, and technical services according to agreement terms

• Property Details: Map out all shared spaces, equipment, and utilities that need to be covered
• Cost Analysis: Calculate maintenance expenses and develop fair allocation formulas based on usage or space
• Party Information: Gather complete details of all involved parties, including legal entities and authorized representatives
• Usage Rules: Define specific access times, booking procedures, and usage limitations for shared facilities
• Maintenance Schedule: Create detailed maintenance plans following German building regulations
• Insurance Requirements: Determine necessary coverage levels for shared areas and equipment
• Dispute Resolution: Outline clear procedures for handling conflicts under German law

• Party Identification: Full legal names and addresses of all facility users and owners
• Property Description: Detailed specification of shared areas and equipment, including floor plans
• Cost Allocation: Clear formulas for dividing maintenance and operating expenses
• Usage Rights: Specific terms for access, scheduling, and permitted activities
• Maintenance Terms: Schedules, responsibilities, and quality standards
• Insurance Requirements: Mandatory coverage types and minimum amounts
• Dispute Resolution: German-compliant mediation and arbitration procedures
• Term and Termination: Duration, renewal options, and exit conditions
• Governing Law: Reference to German civil code (BGB) provisions

A Shared Facilities Agreement differs significantly from a Facilities Management Agreement in both scope and purpose. While both deal with property management, they serve distinct functions under German law.

• Primary Focus: Shared Facilities Agreements regulate relationships between multiple users of common spaces, while Facilities Management Agreements outline services provided by a management company to maintain the entire property
• Contractual Parties: Shared Facilities involve multiple tenants or owners as equal parties, whereas Facilities Management creates a service provider relationship with a single management entity
• Cost Structure: Shared Facilities divide expenses among users based on usage or space, while Facilities Management typically involves fixed service fees paid to the management company
• Legal Framework: Shared Facilities fall under German property law (Sachenrecht), while Facilities Management operates under service contract laws (Dienstleistungsrecht)