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Rental apartment: What privacy screen is allowed on the balcony?

2023-05-18T12:48:09.440Z

Highlights: In Germany, tenants are generally allowed to install a privacy screen on the balcony to provide more privacy or simply to keep the sun's rays at bay. However, there are rules to follow and the landlord has to be asked for permission. For a really effective solution that protects against the sun and prying eyes, you need the permission of the landlord. There are a few exceptions that serve the same purpose and that may be used by the tenant without permission. Parasol and plants do not need a permit as balcony privacy screens.



A privacy and sun protection on the balcony offers many city dwellers the desired privacy. However, tenants are not allowed to simply attach what they like to the balcony.

The sun is beating down on the balcony or the curious neighbor is looking over? Time for a privacy screen! If you live in the city and want to provide more privacy or simply sun protection, you can do so in the form of a privacy screen.

These balcony fixtures are available in various shapes, colours and materials – from colourful plastic umbrellas to bamboo fences. There are no limits to the ideas for beautifying your balcony. But is it also allowed to simply install such an element on the balcony?

Structural change through privacy protection: When does the landlord have to agree?

The answer to this question is: It depends. In Germany, tenants are generally allowed to install a privacy screen on the balcony to provide more privacy or simply to keep the sun's rays at bay. However, there are rules to follow.

The first question that tenants have to answer: Is there a structural change in the installation of a sunshade? This is the case if the change caused by the sun or privacy protection cannot simply be reversed when moving out. Examples are awnings that have to be screwed into the wall of the house, which is an intervention in the building fabric, or fences as privacy screens, which are permanently attached to the balcony railing. When drilling on the balcony, a few things have to be considered anyway and the landlord has to be asked for permission.

Privacy screen on the balcony - not everything is allowed. (Symbolic image) © Klaus Ohlenschläger/Imago

According to the mietrecht.org, even if the visual uniformity of the residential complex is impaired, other residents are adversely affected or the rented property is fundamentally changed, there is a structural change that the landlord must agree to.

No permit required: Low privacy screens may be installed by tenants without permission

As long as the privacy or sun protection is low enough and does not interfere too much with the appearance of the residential complex, the tenant may also install it without permission. According to a 1998 ruling by the Cologne District Court, tenants are allowed to install a privacy screen without the consent of the landlord, which reaches up to the height of the balcony railing and which has a color that visually matches the façade of the house.

You can find everything you need to know about household and gardening tips in the regular living newsletter from our partner Merkur.de.

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Any privacy screen that protrudes beyond the railing – which most privacy screens do, as they would otherwise hardly serve the purpose – requires the permission of the landlord. By the way: Even on the balcony of the condominium you are not allowed to do what you want. Here you have to ask the apartment owners' meeting for permission for a privacy screen.

Exceptions: Parasol and plants do not need a permit as balcony privacy screens

A privacy screen, which is hardly one, may therefore be installed without permission. However, for a really effective solution that protects against the sun and prying eyes, you need the permission of the landlord. However, there are a few exceptions that serve the same purpose and that may be used by the tenant without permission.

Number one is the parasol. According to vermietet.de, this can be set up on your own balcony without any problems, as it can be dismantled at any time and does not represent a structural change. However, the tenant must ensure that the umbrella is firmly in place and cannot sail off the balcony in the event of a gust of wind. For damages incurred in such a case, the tenant must be liable himself.

Another option is plants. These may be used indefinitely and this also includes tall plants that can serve as privacy screens. The landlord must allow the tenant to use flower boxes and flower pots on the balcony. However, in the event of damage, the tenant is liable if something happens. So if the wind tears the flower box off the balcony and damages a car down on the street, for example, or even injures a passer-by, the tenant must pay for damages or compensation for pain and suffering. Many leases also include such a clause to protect landlords from responsibility. So make sure that the parasol and plants not only protect you from prying eyes and the sun, but are also well fixed. In the garden, by the way, hedges provide optimal, natural privacy.

Source: merkur

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