The Federal Court of Justice (BGH) has strengthened the rights of condominium owners regarding the installation of air conditioners. According to the ruling, condominium owners in multi-unit buildings generally have the right to install a split-system air conditioner with an outdoor unit on their balcony. This is subject to the condition that the rights of other owners are not unduly infringed upon. Different rules apply to tenants, however.
Owners Can Request Installation
Anyone who owns a condominium unit in a multi-unit building may, in principle, request permission from the owners’ association to install a split-system air conditioner. If a majority vote is not obtained, a court may also authorize the installation. With this decision, the BGH resolved a legal dispute between a Berlin condominium owner and the owners’ association that had been heard through several courts.
Split air conditioning systems consist of two parts: an indoor unit cools the air inside the room, while an outdoor unit discharges the heat outside. Installation requires modifications to the exterior wall.
Potential Noise Is Not Sufficient
Even potential future operating noises do not initially preclude the right to installation. In the BGH’s view, the actual noise impact depends in particular on how the air conditioner is used later on. Therefore, it is advisable to wait and see whether excessive noise actually occurs. If other owners are later disturbed by excessive noise, they can take action against it. The owner of the air conditioner must then remedy the disturbance. In this context, for example, rules regarding the use of the unit can be established in the building regulations.
Tenants Need Permission
The legal situation is different for tenants. Anyone who wishes to permanently install a split-system air conditioner needs the landlord’s permission to do so. Tenants should therefore obtain consent before having such a system installed.
An alternative is portable monoblock air conditioners. Unlike split-system air conditioners, they do not require a permanently installed outdoor unit. The warm air is vented outside through a hose out the window. Tenants may use such portable units without the landlord’s permission.
Special Case: Historic Preservation
For buildings designated as historic landmarks, additional requirements or permit obligations may apply to changes to the facade. Anyone wishing to install an air conditioner in a historic landmark building should therefore clarify in advance whether an additional permit is required.
Further information:
https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/DE/2026/2026130.html
rbb24: Condo owners are generally allowed to install air conditioners on balconies
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