Air Conditioning in Condominiums: BGH Clarifies Owners’ Rights
In its recently published decision V ZR 162/25, the German Federal Court of Justice (Bundesgerichtshof – BGH) clarified the conditions under which an apartment owner may obtain approval to install an air-conditioning system with an external unit on their balcony. The decision concerns, in particular, multi-unit residential buildings and establishes that, in principle, an individual owner may assert a right to install such a system against the condominium owners’ association, provided that the installation does not excessively interfere with the rights of the other owners.
The principle established by the BGH
According to the BGH, an apartment owner may request the installation of an airconditioning system with an external unit on their balcony. Where the relevant requirements are met, the condominium owners’ association cannot oppose the installation without significant reasons. The rights and interests of the other owners must nevertheless be adequately protected. The installation must not result in an excessive interference with their rights or interests. A particularly relevant aspect of the decision concerns noise emissions. The BGH clarified that the mere fact that standard commercially available air-conditioning units produce noise is not, in itself, sufficient to justify an objection to the installation.
Prior approval is still required
The decision does not, however, establish a general right to install air-conditioning systems without prior approval. The proposed installation must still be submitted to the condominium owners’ association for approval. The owner concerned must therefore submit a request together with the necessary documentation and, in particular, a quotation or technical proposal prepared by a qualified specialist company. The recognition of a right to install the system does not mean that the owner may proceed independently. Even following the BGH decision, the applicable approval procedure for measures affecting common property must be followed.
What does this mean for condominium owners’ associations?
The decision makes it more difficult for a condominium owners’ association to prevent the installation of an air-conditioning system in the absence of significant reasons. It may therefore be advisable to establish general criteria for approving such installations in advance, including specific: • structural requirements, such as the position of the external unit, for example below the balcony railing; • technical requirements, including the use of standard commercially available equipment; • organizational requirements, concerning the costs and maintenance obligations of the owner carrying out the installation. Defining these requirements in advance can allow condominium owners’ associations to deal with future installation requests consistently and efficiently.
Unauthorized installations
The decision does not authorize installations carried out without the required approval. An air-conditioning system installed without the necessary authorization therefore remains unauthorized. However, the recognition of a right to install the system may affect the possibility of subsequently requiring its removal, making a claim for restoration more difficult for the condominium owners’ association. The decision V ZR 162/25 therefore provides important clarification on the balance between an individual owner’s right to install an air-conditioning system and the protection of the rights and interests of the other condominium owners.
