no significant tangible assets) or the health of the inhabitants when the spaces are not affected, who is audience is small and a WC above the backwater level available, backwater on the use of the end point can be omitted. As a general rule: backwater protection require regular maintenance by a specialist. The frequency of maintenance is to refer to the operating instructions, as well as the DIN. Abwasserhebeanlagen must be maintained at systems in multi-family homes in intervals of maximum 1/2 year and investments in single-family homes of maximum 1 year through a specialized, anti flood valves for faecal-free wastewater should be serviced twice in the year through a specialized anti flood valves for sewage containing wastewater must by a specialist at least twice in the Year are maintained. Who is liable in the event of damage? Since the backlog caused by emerges into the public sewer system, the municipality as a channel operator is often blamed for the consequences of the backlog. But the drainage statute expressly calls for a backup storage for all drainage objects below the backflow level, is a liability according to 2 HaftpflG or the Government liability excluded under article 34 GG in conjunction with 839 BGB. Also according to 18 b water budget law, of the construction and operation of a wastewater plant according to the General rules of engineering recognised”imposes a significant fault of property owner with inadequate maintenance can be inferred.
The insurance cover is is been same reasons from which property owners can make the municipality cannot be held liable, is not given, a damage caused here by fault. A missing backup storage violates against the drainage articles and always against the generally accepted rules of technology. This is not only civil liability law of importance, but also versicherungsrechtlich. “The law says so: the land owner shall be liable for non-existent or suitable storage recovery for all rear storage damage itself” (OLG Celle, 14 civil Senate type, AZ: judgment, 14 U 3/04 date: 08.07.2004).