Federal Court of Justice Backs Flat Owners’ Right to Air Conditioning

Jul 30, 2026 Benn-Ibler Rechtsanwälte

Air-conditioning systems are increasingly transitioning from luxury items to essential amenities in residential flats. However, challenges may arise if a flat owners’ association denies permission for their installation. In a significant ruling, the German Federal Court of Justice (Bundesgerichtshof, hereinafter BGH) has reinforced the rights of individual flat owners regarding this matter.

Installation of air conditioning contrary to owners’ association preferences

In the case at hand, the claimant applied for permission from the owners’ association to install a split-system air-conditioning unit. The proposed installation involved placing an outdoor component either on the façade or within a communal area. The owners’ association declined consent, referencing concerns regarding the visual impact on the property as well as possible implications for other apartment owners.

Weighing up interests rather than blanket rejection

The BGH has determined that, provided the criteria stipulated in Section 20 of the Act on Condominium Ownership and Permanent Right of Residence (Gesetz über das Wohnungseigentum und das Dauerwohnrecht, WEG) are met, apartment owners may generally have the right to obtain permission for structural modifications. The owners’ association cannot refuse such requests merely by citing broad concerns regarding changes to the building’s exterior. Instead, each situation requires a careful evaluation of the competing interests involved.

In this context, careful attention should be paid to the design specifications of the installation, any potential negative impacts on neighbouring property owners—such as noise or visual concerns—and the legitimate interests of the applicant.

Press release No. 130/2026 regarding BGH Case No. V ZR 162/25 (17 July 2026)