Are fire extinguishers mandatory on (leisure) yachts in Germany and Austria? What happens if the yacht catches fire and it turns out that the fire extinguishers on board have been “expired” (not maintained) for several years? Can the insurance company refuse payment in this case?
Many leisure skippers wonder whether a fire extinguisher must be on board their yacht/boat. Generally, in Germany, there is no uniform national safety equipment list for privately used pleasure craft on inland waterways – instead, this is often subject to state law, relevant waterway regulations apply, and decisions are sometimes even made differently depending on the body of water and authority. There is therefore no blanket, Germany-wide rule stating “from X meters boat length, a fire extinguisher must be on board.”
Whether and where fire extinguishers may be mandatory on boats in inland areas depends rather on other factors. A typical pattern in state ordinances is to link the obligation not to the length of the boat, but to certain installations (engine, heating, cooker).
The state shipping ordinance of Brandenburg, for example, requires that “vessels with permanently installed internal combustion engines as well as vessels with permanently installed heating or cooking facilities … must be equipped with suitable fire extinguishing equipment/facilities.” The rules of other states often follow similar logic, although the corresponding details (e.g., “how many fire extinguishers / what size”) can certainly vary.
There are strict equipment requirements for boat rentals
However, if the boat is rented out (charter certificate, etc.), there are specific equipment obligations. In the BinSch-SportbootVermV-Annex (under the point “Requirements”), one can read, for example, that as equipment: “1 portable fire extinguisher” (unless more are required in the boat certificate) is mandatory.
The equipment obligation in the maritime sector can additionally be shaped by a corresponding type of use (commercial / charter) and by certain regulations or the boat certificate; for purely private use, there are often recommendations rather than hard obligations.
Tip from the SeaHelp editorial team: nevertheless, a suitable, ready-to-use extinguisher is practically always sensible!
In Austria, equipment in inland areas is regulated much more specifically in practice and is made tangible via the registration/inspection or through information sheets from the states and authorities. Typical thresholds regarding the equipment obligation for boats and yachts are “up to 10 m length” and “over 10 m length.”
Example Upper Austria – Inland registration information sheet: an ABC hand fire extinguisher is prescribed for a motorboat; this must have at least 2 kg (up to 10 m boat length) and at least 6 kg (over 10 m boat length). For inboard engines, there is an obligation to carry an additional fire extinguisher; here, it must be possible to apply the extinguishing agent without opening the engine compartment.
Example Styria – Boat inspection (equipment): there is a very similar scheme here (up to 10 m boat length: at least 2 kg, over 10 m boat length: at least 6 kg weight). For inboard engines, however, two fire extinguishers must be carried; here too, engine compartment extinguishing without opening must be possible. Additionally, in Austria (depending on the source and set of rules), there are sometimes thresholds based on engine power, cooking or heating facilities, or even tank capacity.
Important for seagoing mariners (buten) in this context is the Austrian equipment list according to the Yacht Ordinance – BGBl. II No. 205/2020, which applies to yachts, i.e., seaworthy pleasure craft up to a maximum length of 24 m licensed for maritime navigation. According to this, for navigation area 2 (coastal navigation, point 4), navigation area 3 (near-coal navigation, point 4), and navigation area 4 (worldwide navigation, point 5), at least 2 fire extinguishers according to EN3:1996 with 2 kg each must be on board.
What happens in the event of a fire if the fire extinguisher was “expired” or not maintained?
What happens after a fire if the fire extinguisher(s) were demonstrably “expired” or had not been properly maintained for several years? Here, one must distinguish between two levels.
At the level of regulatory or administrative law: if fire extinguishers were prescribed (e.g., according to state law, boat certificate, or according to corresponding charter rules) and these were not ready for use, this can be evaluated as a violation depending on the area or authority (fine / complaint during inspection; after the fire, there is additional accident/damage investigation).
Whether the insurance company reduces the payout or completely refuses a settlement (Level 2) depends primarily on which insurance is in place (Hull? Liability?) and which obligation was specifically violated: in Germany, for example, a reduction/exemption from performance is possible under the VVG – but this does not happen automatically.
If it involves gross negligence in causing the insured event, the insurer may reduce the benefit proportionately (according to severity) under Section 81 (2) VVG; in the case of intent, they are even completely exempt from performance. If, on the other hand, contractual obligations are violated (e.g., “comply with safety regulations / maintain fire extinguishers / keep them ready for use”), the legal consequences are governed by Section 28 VVG, which can range from a reduction to complete exemption from performance – depending on the degree of fault and specific regulation.
Insurance companies look closely at causality in the event of a claim
Important in practice: the insurance company looks very closely at so-called “causality”: would a maintained, functional extinguisher likely have reduced the damage (e.g., an incipient fire in the engine room / galley)? If this question can be answered with “yes,” the risk of a reduction in benefits increases significantly. However, if the fire was such that the extinguisher could not realistically have changed anything, the reduction is much harder to enforce.
In Austria, the VersVG applies: although a stricter principle is postulated here, in practice it is sometimes “softened” by contract. Fundamentally, the insurer is exempt from performance under Section 61 VersVG if the policyholder has caused the insured event intentionally or through gross negligence.
Generally: an extinguisher that has been “expired for years” can – depending on the circumstances – be considered grossly negligent, especially if fire extinguishers were mandatory or mentioned in the contract as a safety obligation – and the fire was also a typical “early extinguishing case.”
What applies regarding fire extinguishers when you are traveling with your yacht in Croatia?
What applies regarding fire extinguishers if I am traveling in Croatia with a 12 m charter yacht flying the Croatian flag?
Here, the relevant specifications come from Croatian maritime law (“Pravilnik o brodicama i jahtama”; regulations for boats & yachts) and are checked via the harbor master’s offices (Lučka kapetanija) during registration or charter licensing.
According to this, for both cases (private and charter use of the yacht): fire extinguishers are mandatory – the number/size depends, among other things, on length, drive, and installations (inboard engine, generator, galley/heating).
Difference between privately used and charter yachts: stricter equipment regulations apply to commercial use (charter). A 12 m yacht typically falls into the “jahta” category (boats from 15 m hull length). In practice, this means: there must be several portable ABC fire extinguishers on board (not just one).
In addition, special fire protection is required in the engine room (inboard engine); often this will be a fixed extinguishing system or at least a system that allows the introduction of extinguishing agents without having to open the room specifically for it.
Otherwise, it goes without saying: extinguishers must be approved, maintained, and sealed; a corresponding maintenance certificate must be carried on board. The number and performance depend on length, engine power, and room layout (salon, cabins, galley, engine room).
Even privately operated boats/yachts under the Croatian flag are clearly subject to Croatian equipment regulations. At a boat length of 12 m, you are also in the range where fire extinguishers are mandatory.
Typical requirement profile: several portable fire extinguishers (minimum number depending on specific length and installations). For inboards, there must be additional fire protection for the engine room. And: functionality and maintenance are also mandatory here – to be proven via a correspondingly valid, current inspection sticker.
Boats under the Austrian or German flag sailing in Croatia are subject to the Regulation on Foreign Yachts
“Boats under the German or Austrian flag sailing in Croatia are subject to the Regulation on Foreign Yachts,” says SeaHelp operations manager Marko Orlic; “in this regulation, the mandatory safety equipment is not defined.” This means that the equipment must comply with the regulations of the state whose flag the boat is flying.
In general, the experienced mariner advises that – regardless of the regulations – in practice, if in doubt, a suitable fire extinguisher should always be ready at hand on board: “a fire is best and most successfully extinguished while it is still small or just starting.”
If the professionals arrive and the crew has done nothing, it is often already too late because the fire has then already spread significantly – this applies, by the way, on the water as well as on land.
Further Information / Contact
Sea-Help Insurance Broker GmbH
Robert Perger
Mail: insurance@sea-help.eu
