Is forced release of roller shutters on a window mandatory?

Now, during the acceptance of the apartment, an expert said that the kitchen window or the balcony door must have an emergency release.

Again, the note:

Roller shutters belong – subject to other regulations in the declaration of division – just like the windows as facade-designing elements to the common property (even if you paid for them yourself). If they were private property, you would also be allowed to paint roller shutters on the outside, for example pink, which not everyone likes.

Here, possibly the wrong party (= own expert?) is criticizing the – at least factually quite comprehensible – findings. If necessary, this must be repeated via the homeowners’ association administration regarding the common property.

Has the common property already been accepted?
Whose expert made these statements?
What are they based on?

§ 31 Bavarian Building Code indeed requires the first and second escape routes.
Further building code requirements for the 2nd escape route, e.g. regarding window opening possibilities, are contained in § 35 of the Bavarian Building Code – but not that the roller shutter must also be openable without power.

THIS will presumably be the answer of the developer...

Unlike other building codes such as e.g. § 40 IV Building Code NRW, the Bavarian Building Code also does not state that one can “make oneself noticeable there in case of danger,” which is a guiding principle of escape route regulations.

§ 35 IV Bavarian Building Code at least says that the windows must be openable from the inside (which of course is still possible with the roller shutter. Without stepping against the roller shutter, you then cannot get out):

"4) Windows that serve as escape routes according to Art. 31 para. 2 sentence 2 must be at least 0.60 m wide, at least 1 m high, openable from the inside, and arranged no higher than 1.20 m above the finished floor level. If these windows are located in roof slopes or roof structures, their lower edge or a protruding outlet in front of them may not be more than 1 m horizontally measured from the eaves edge."

Whether there is really a defect because the execution supposedly does not comply with the regulations, I leave open. Although the building authority here confirmed the expert’s statements. Both alone do not convey entitlement.

If there is no legal claim, rather corresponding precautions must be taken to increase one’s own safety. Possibly then at one’s own expense.

: Thanks, then it should fit.

I once read in the building code NRW, as it is relevant to me. How is "able to make noticeable" defined? I am still missing a bit of the connection from that point to the mandatory necessity of a hand crank.

Once again the note:

Shutters belong - subject to other regulations in the declaration of division - just like the windows as facade-designing elements to the common property (even if you paid for them yourself). If they were separate property, you could also paint shutters on the outside, e.g., pink, which not everyone would like.

Here possibly the wrong person (= own expert?) is criticizing the - at least factually quite comprehensible - findings. If necessary, this must be repeated via the homeowners’ association administration regarding the common property.

Has the common property already been accepted?
Whose expert made these statements?
What are they based on?

§ 31 Bavarian Building Code does require the first and second escape route.
Further building code requirements for the 2nd escape route, e.g., regarding the opening options of windows, are contained in § 35 of the Bavarian Building Code—but not that the shutter can also be opened without electricity.

THIS will presumably be the answer of the builder....

Unlike other building codes such as § 40 IV Building Code NRW, the Bavarian Building Code also does not say that you can "make yourself noticeable in case of danger" from there, which is a guiding principle of escape route regulations.

§ 35 IV Bavarian Building Code at least says that the windows must be openable from the inside (which, of course, you can still do with a shutter. Without kicking against the shutter, you cannot get out):

"4) Windows that serve as escape routes according to Art. 31 para. 2 sentence 2 must be at least 0.60 m wide and 1 m high, openable from the inside, and arranged not higher than 1.20 m above the upper edge of the floor covering. If these windows are located in roof slopes or roof structures, their lower edge or a protruding exit in front of them must not be more than 1 m horizontally measured from the eaves edge.

Whether there is really a defect because the execution supposedly does not comply with the regulations I will leave open. Although the building authority confirmed the expert’s statements here. But both alone do not convey a claim.

So if there is no legal claim, rather appropriate precautions must be taken to increase one's own safety. This then possibly at one’s own expense.

Thank you for the detailed description.

But what would that mean for me now?
Could I just leave it like that (all shutters electric) and simply kick in the shutter in an emergency? Or do I have to take action and retrofit a shutter at my own expense?
No one can give me a clear answer like "That must be changed, otherwise problems with building authority and insurance." Or "You don't need to have it done because it is not binding."

Just ask the insurance, so you don't worry about this for nothing.

How is "being able to make oneself noticeable" defined? I still find the connection to the absolute necessity of a hand crank a bit lacking.

For example, being audibly able to call "Help!" outside, waving ...

The fire department brings its own rescue route in the form of ladder trucks and axes. If I am already incapacitated inside, it makes no difference to the fire department from outside whether there is a hand crank or electric motor inside when the roller shutter is closed. It is probably about cases where one can still actively draw attention to their emergency themselves.

As far as I know, at least in Hamburg and Hessen there are clarifications below the building codes (possibly also in other federal states? If not, I do not see a construction defect, but rather personal initiative, see above. Or the expert/building authority can specifically document what they are referring to for their federal state):


Hamburg;
FREE AND HANSEATIC CITY OF HAMBURG
Authority for Urban Development and Environment - Office for Building Regulations and Structural Engineering
Building Inspection Service (BPD) 05/2012 -
Fire Protection Technical Interpretations (BTA)
p. 45:

On § 35 Hamburg Building Code paragraph 4 sentence 2 windows as escape routes

"Windows that serve as escape routes should have a fixed openable format (with at least 0.9 m width x 1.2 m height) in order to allow rescue and firefighting operations by the fire department.

Fixed posts or bars in the window frame obstruct rescue operations.

In case of fire, it must be ensured that persons can make themselves noticeable to the rescue personnel. Therefore, the operation of electrically powered roller shutters at windows that serve as escape routes must also be guaranteed in the event of fire. The roller shutters must be openable either mechanically (e.g., hand crank) or have a secured battery-powered control with which they can be raised during a power failure."



Hessen:
Clarification by the Regional Council from November 2014 and the Supreme Building Authority from January 2015:

Quote: "The regulations of the HBO regarding the provision of the 2nd escape route via fire department rescue equipment are based on the assumption that a person "trapped" in the unit will usually open the window reachable by ladder and call attention to their emergency if the first escape route fails. If escape windows are closed by electrically operated roller shutters, it must be ensured that even in the event of failure of the electric drive, a manual raising of the roller shutter and thus opening of the escape window from the inside is possible. In addition, windows that serve as attack routes for the fire department must be accessible to the fire department from outside. Roller shutters or sun protection devices installed in front of these windows must be easily overcome by the fire department and must not significantly hinder firefighting operations."

By the way:
Consistent would also be the green emergency exit signage inside with stylish night lighting ....