Condominium: Neighbors must tolerate air conditioning

The Federal Court of Justice has strengthened the position of homeowners: They are allowed to install a split air conditioning unit on their balcony. Neighbors would not be unreasonably disturbed by the installation.

A homeowner can, in principle, prevail against the owners' association to install a split air conditioning unit on their balcony . This was decided by the Federal Court of Justice.

The case

The apartment owner requested permission at the owners' meeting to install a split air conditioning unit on his balcony . These units consist of two parts: an indoor unit cools the room air, while an outdoor unit releases the heat. The outdoor unit is permanently mounted to the building's exterior wall, which requires drilling into the wall.

The community refused its consent. The dispute went to court.

The judgment

The Federal Court of Justice (BGH) upheld the regional court's ruling and permitted the installation. It ruled that the installation, due to the drilling through the facade, constituted a structural alteration of the common property. Section 20, paragraph 1 of the Condominium Ownership Act (WEG) requires either the consent of the owners' association for such alterations or that the project be a privileged undertaking under Section 20, paragraph 2 of the WEG.

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While split air conditioning units are not considered privileged projects, a claim under Section 20 Paragraph 3 of the German Condominium Act (WEG) may still exist if no owner is adversely affected or if all affected owners agree. In this case, the other owners refused their consent. The decisive factor was therefore whether the air conditioning unit would cause a significant disturbance to the neighbors. According to the Federal Court of Justice (BGH), this requires a balancing of property rights under Article 14 of the Basic Law (GG).

Operating noise is not a reason against installation

The neighbors had concerns about potential noise from the device's operation. According to the Federal Court of Justice (BGH), these concerns are irrelevant to the installation . Noise, in particular, depends primarily on the intended use. Therefore, it is reasonable to wait and see how things develop and not prohibit installation outright.

If the air conditioning system later makes noise during operation, this can be addressed retroactively , according to the ruling. The other owners then have rights of defense, particularly under Section 14 Paragraph 2 Number 1 of the German Condominium Act (WEG ) and Section 1004 of the German Civil Code (BGB) in conjunction with Section 906 BGB . This is usually regulated by a time restriction on operation. If necessary, the owners' association can establish further regulations in the house rules.

The judges in Karlsruhe found no significant disturbance to the neighbors. The split air conditioning unit is approved for the domestic market and complies with the requirements of the Technical Instructions on Noise (TA Lärm) . Furthermore, the nearest bedroom window is several meters away from the outdoor unit.

Federal Court of Justice, Judgment of July 17, 2026, Case No. V ZR 162/25

Heatwave drives up demand for split air conditioners. It's hot in Germany. For many homeowners and apartment owners, air conditioning is becoming increasingly attractive, and demand is rising rapidly. > Read more here. The advisors at the Chambers of Skilled Crafts are happy to help you with legal questions!

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