As of: February 9, 2024, 3:09 p.m
Comments
Press
Split
The BGH allows the plaintiff Klaus Ehrl to build an elevator in the backyard of an Art Nouveau house in Munich - and in doing so sends a clear signal.
© Susanne Kupke-Flohr/dpa
A law wants to make it easier for older people or people with disabilities to get into their homes using elevators or ramps.
The BGH has now sent a clear signal in two disputes.
Karlsruhe/Munich/Bonn - Your dream apartment in an old building can quickly become a nightmare - if you get older, are dependent on a wheelchair or can't get to the upper floor with a stroller, for example.
In two cases, the Federal Court of Justice (BGH) has now spoken out and emphasized the right to structural changes for a barrier-free conversion of common property in apartment buildings.
In one case, the Karlsruhe judges approved an outdoor elevator in the inner courtyard of an Art Nouveau house in Munich, and in the second case, a terrace with a ramp in a residential complex in Bonn (ref. V ZR 244/22 and V ZR 33/23).
In the Munich case, the homeowners' association of a listed Art Nouveau ensemble wanted to deny two owners on the third and fourth floors an elevator in the rear building.
The BGH ruled wrongly.
The highest German civil judges did not see the planned elevator as a fundamental redesign that contradicted the law - especially since the facade of the former servants' quarters was already simpler than that of the front building, which received the facade prize from the city of Munich in 1983.
Advancing barrier-free housing
According to the Federal Court of Justice, any impairment caused by shading or noise can be controlled to a certain extent by the structural design of the elevator and the materials.
According to the will of the legislature, barrier-free living space should be promoted.
“The courts have to take this into account,” said the presiding BGH judge Bettina Brückner when the verdict was announced.
Plaintiff Klaus Ehrl was very happy after the verdict.
His tenants with babies will soon be able to reach the fourth floor of the old Munich building with a stroller.
Ehrl now wants to get together with the other owners as quickly as possible and work with them to plan and implement the elevator.
The BGH examined the cases against the background of the condominium law reformed in 2020.
Thereafter, each owner may request reasonable structural modifications to accommodate use by people with disabilities.
However, changes that fundamentally redesign a residential complex or disadvantage an apartment owner are not permitted.
The reform wanted to make it easier for older people or people with disabilities to make structural changes in the interests of accessibility.
In both the Munich and Bonn cases, the BGH was unable to identify any fundamental redesign of the residential complex or any disadvantage to others as a result of the planned changes.
In the Bonn residential complex, the majority of the owners' association had already approved a ramp at the back of the building for barrier-free access and an approximately 65 centimeter high terrace.
However, some owners objected to this decision.
dpa