Apartment owners are generally entitled to demand that their homeowners' association permit the installation of a split air conditioning unit with an outdoor component on the balcony. This is conditional on the rights of other owners not being excessively impaired, the Federal Court of Justice (BGH) in Karlsruhe ruled on Friday. The fact that the air conditioning unit will later produce noise during operation has no bearing on whether permission should be granted. (Case No. V ZR 162/25)
"The operation of an air conditioning unit must be tolerated within certain limits," said presiding judge Bettina Brückner when announcing the verdict. In principle, structural alterations such as fixed split air conditioning systems, which require drilling through the facade, must be approved by a resolution of the homeowners' association.
If no majority can be reached, a court can nevertheless permit the installation, according to the BGH. This is possible under certain conditions: either all owners whose rights are affected "beyond the level unavoidable in an orderly coexistence" consent, or no such impairment exists at all. A balancing of interests must be carried out, Brückner said.
The BGH also made clear that operational noise from the unit does not, in itself, prevent the right to install one. Whether noise becomes a problem depends primarily on how users behave. For that reason, actual developments should be awaited before taking action. Other owners can take action against excessive noise at a later stage, Brückner explained.
In that case, the owner of the air conditioning unit would have to remedy the disturbance. As a rule, however, the unit cannot be required to be completely removed. Instead, rules could, for example, be included in the building's house regulations.
Split air conditioning units consist of an indoor and an outdoor component. They are more efficient and quieter than so-called monoblock units, which have no outdoor component and instead vent warm air outside through a hose placed in a window. However, installing a fixed split unit requires drilling a hole through the wall.
In the case at hand, a family from Berlin applied at their homeowners' association meeting in December 2023 for permission to install a fixed split air conditioning unit on their balcony. They did not receive a majority in favor. The other owners feared that the fabric of the building could be damaged. They cited noise, condensation, and exhaust heat from the air conditioning unit as potential problems.
The family seeking to cool their home turned to the Berlin-Pankow Local Court, but was unsuccessful there. On appeal, the Berlin Regional Court, however, permitted the installation of the air conditioning unit. It attached various conditions. Among other things, neighbors must not be disturbed by noise, meaning the unit needs a night/sleep mode. It must also be covered with a casing so that it does not disrupt the overall appearance of the residential complex.
The homeowners' association appealed this ruling to the Federal Court of Justice. The court, however, upheld the Regional Court's decision.
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