Thermal insulation: BGH does not involve the Constitutional Court

Created: 07/01/2022 11:12 am

The Federal Constitutional Court in Karlsruhe.

© Uli Deck/dpa/symbol image

The state of Berlin may continue to allow the subsequent insulation of old buildings, even at the expense of affected neighbors.

The Federal Court of Justice (BGH) has doubts as to whether the unusually far-reaching Berlin regulation is still constitutional.

In order to be able to involve the Federal Constitutional Court, the highest civil judges would have to be convinced of the unconstitutionality.

Karlsruhe - Here they think it is possible that the legislature's action could still be justified because it serves the so important climate protection, as Senate Chairwoman Bettina Brückner said at the verdict on Friday.

(Ref. V ZR 23/21)

This does not necessarily mean that the topic is off the table.

It is still possible that the unsuccessful neighbor or another person affected will file a constitutional complaint - with an uncertain outcome.

The regulation applies to the renovation of old buildings directly on the property boundary.

If the insulation layer is attached to the outside of the building, it will inevitably protrude a little over to the neighbors.

In most other federal states there are also special regulations for this special case.

But nowhere else are the neighbors so unconditionally obliged to be tolerated as in Berlin.

dpa