Operator responsibility goes far beyond mere maintenance—it includes the legal obligation to ensure the safe operation of buildings and technical systems. But what does that mean in concrete terms for owners and managers?
From legally required inspections and traffic safety obligations to complete documentation: responsibility remains, even if operational tasks are delegated to employees or service providers. Those who do not take their operator obligations seriously risk not only legal consequences, but also the safety of users.
How do you ensure that your operator responsibility is fulfilled in accordance with the law?
– The term “operator responsibility” is not subject to any clear legal definition. According to VDI 3810 “Operation of building services systems”,operator responsibility is the legal obligation to safely operate a system, a building unit, any other source of danger, or an area that can be used by the public.
– It is necessary to comply with legally prescribed inspections, maintenance, traffic safety, and documentation requirements.
– When delegating tasks, the principle applies that although numerous operational duties can be transferred to employees or external service providers, certain overarching responsibilities remain with the operator.
– Exculpation offers a possibility of exoneration from the accusation of culpable breach of duty. Meaningful and complete documentation plays a central role here.
“The responsibility of operators does not end with the delegation of tasks. The responsibility for organizing, selecting, and monitoring external service providers remains with the operator. Consistent controls and clear processes reduce liability risks and ensure the safe operation of the property.”
Ensure the legally compliant operation of your property with clear processes and our expertise in operator responsibility – we would be happy to advise you!