Apartment owners can generally request that the homeowners’ association allow them to install a split air conditioning unit with an outdoor unit on the balcony. The prerequisite for this is that the rights of the other owners are not excessively impaired, as the Federal Court of Justice (BGH) in Karlsruhe decided on Friday. The fact that the air conditioning system later makes noise during operation is irrelevant to the permit. (Af. V ZR 162/25)
“The operation of an air conditioning system must be tolerated within certain limits,” said Presiding Judge Bettina Brückner when announcing the ruling. In principle, structural alterations—such as fixed split-system air conditioners requiring holes to be drilled through the façade—require authorization via a resolution passed by the homeowners’ association.
If no majority is obtained for this, a court may nevertheless permit the installation, according to the Federal Court of Justice (BGH). This is possible under specific conditions: either all owners whose rights are affected “beyond the extent inevitable in an orderly communal living arrangement” consent, or there is no such impairment. A balancing of interests is required, Brückner stated.
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The Federal Court of Justice (BGH) also clarified that the system’s operating noise does not, in the first instance, preclude the right to install it. Whether noise actually arises depends primarily on how the users operate the unit; therefore, it is best to wait and see how the situation develops in practice. As Brückner explained, other owners can take action later if there is excessive noise, at which point the owner of the air conditioning unit would be required to remedy the disturbance. However, as a general rule, the complete removal of the system cannot be demanded; instead, measures such as house rules could be implemented to address the issue.
Split air conditioning systems consist of an indoor unit and an outdoor unit. They are more efficient and quieter than so-called monoblock units—which lack an outdoor unit and use a hose to vent warm air out through a window—though installing a fixed split system does require drilling a hole through the wall.
In the case at hand, a family from Berlin sought approval at a homeowners’ meeting in December 2023 to install a fixed split air conditioning unit on their balcony, but they failed to secure a majority vote. The other owners feared that the building’s structural integrity could be compromised, citing noise, condensation, and exhaust heat from the unit as potential issues.
The family seeking air conditioning turned to the Berlin-Pankow District Court but was unsuccessful. However, on appeal, the Berlin Regional Court authorized the installation of the air conditioning unit. It imposed several conditions: among other things, neighbors must not be disturbed by noise, necessitating a “sleep mode” for the unit. Furthermore, the unit had to be screened or encased so as not to detract from the overall appearance of the residential complex.
The homeowners’ association appealed this ruling to the Federal Court of Justice, which has now upheld the Regional Court’s decision.
Author: AFP – smb/oer
Sources: AFP Press Portal