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BGH: Dispute over thermal insulation over the property line

2021-10-14T22:51:15.342Z

The Federal Court of Justice is hearing a neighborhood dispute in Cologne this Friday (9:30 a.m.), which broke out over the planned thermal insulation of a house. The multi-family house, which is located directly on the property line, is to receive additional external insulation. The question is whether the owner of the neighboring property has to put up with the resulting slight superstructure on his property.



The Federal Court of Justice is hearing a neighborhood dispute in Cologne this Friday (9:30 a.m.), which broke out over the planned thermal insulation of a house.

The multi-family house, which is located directly on the property line, is to receive additional external insulation.

The question is whether the owner of the neighboring property has to put up with the resulting slight superstructure on his property.

Karlsruhe - A judgment is no longer expected on Friday (Az. V ZR 115/20).

According to North Rhine-Westphalian state law, the neighbor must tolerate the superstructure if comparable thermal insulation is otherwise not feasible with justifiable effort and the development does not impair his property or only negatively impacts it.

The latter is therefore the case if the development does not exceed the depth of the border to the neighboring property by more than 25 centimeters.

The topic could become more and more important in view of climate protection requirements for buildings.

According to the BGH, there are comparable regulations in the neighboring laws of other federal states, including Baden-Württemberg, Hesse, Brandenburg, Lower Saxony and Berlin.

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The appeal before the BGH is directed against a judgment of the Cologne Regional Court.

This was of the opinion that the neighbor does not have to tolerate the cross-border thermal insulation.

The obligation to tolerate prescribed in the state law is unconstitutional and void because it lacks the legislative competence of the state.

dpa

Source: merkur

All news articles on 2021-10-14

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