The Limited Times

Now you can see non-English news...

Thermal insulation: Federal Constitutional Court is not involved

2022-07-01T09:21:11.753Z


Thermal insulation: Federal Constitutional Court is not involved Created: 07/01/2022 11:09 am A statue of Lady Justice stands with scales and sword in hand. © Arne Dedert/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-re


Thermal insulation: Federal Constitutional Court is not involved

Created: 07/01/2022 11:09 am

A statue of Lady Justice stands with scales and sword in hand.

© Arne Dedert/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

Source: merkur

All news articles on 2022-07-01

You may like

News/Politics 2024-02-23T15:51:53.888Z
News/Politics 2024-02-27T09:03:44.216Z

Trends 24h

News/Politics 2024-03-28T06:04:53.137Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.