Introduction: What is behind the judgment?
In a new ruling, the Federal Court of Justice (BGH) has drawn a clear line: Fear of possible noise disturbance from an air conditioning system is not enough to prevent its installation in a homeowners' association (WEG). But what does this mean for owners and co-owners? Let's take a closer look at the ruling and its consequences.
The installation of air conditioning systems: consent of the WEG required
If condominium owners want to permanently install an air conditioning system, they need the consent of the other owners. This is because such a system is installed on the outer wall of the building and therefore affects the façade and appearance of the common property. If the majority of the owners of a condominium agree to the application, individual owners who do not agree and feel disadvantaged have the opportunity to take action against the resolution. However, their objection must relate purely to the structural changes. Noise disturbances feared as a result of the subsequent operation of the system may not play a role. This was clarified by the Federal Court of Justice in its ruling (case no. V ZR 105/24).
Noise protection: a later problem
However, this does not mean that co-owners simply have to put up with the noise if the air conditioning system actually becomes a disturbance. If the appliance is actually the noise factor that was feared after installation, the affected co-owners can still file direct claims with the polluter. They can demand that measures be taken to reduce the disturbance. "The ruling should be viewed positively," says Sandra von Möller, Chairwoman of the owners' association Wohnen im Eigentum (WiE). "Apartment owners do not have to challenge the resolution if they are concerned about a disturbance caused by an air conditioning unit, but can still defend themselves directly against disturbances later if they actually occur."
Advantages of the ruling: No unnecessary brakes on construction projects
This ruling has clear advantages: It does not put the brakes on potentially unfounded concerns unnecessarily and prevents construction projects from being blocked. The WEG can therefore make and implement decisions more efficiently and quickly. At the same time, the owners are given the opportunity to intervene retrospectively in the event of actual disruptions. The ruling therefore provides a balanced solution for both sides: The interests of those who want to make structural changes are taken into account just as much as those who value peace and quiet in their home.
A step in the right direction
The ruling promotes a pragmatic approach to structural changes in condominium owners' associations and prevents unfounded fears from blocking progress. At the same time, owners are given the security of knowing that they can still take legal action in the event of genuine disruption. In this way, the balance between progress and consideration is maintained. The ruling shows: Not every fear has to be a showstopper - but real problems should still not be ignored.
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