Federal Court of Justice - BGH examines admissibility of elevator in Art Nouveau building
The Federal Court of Justice is taking a close look at the requirements and limits for barrier-free access to apartment buildings with multiple owners. Germany's highest civil court is dealing with two cases this Friday. The first case concerns an exterior elevator at an Art Nouveau house in Munich, the second case concerns a terrace with a ramp at a residential complex in North Rhine-Westphalia.
The Federal Court of Justice (BGH) is ruling on the two cases against the backdrop of the 2020 reform of condominium law. According to this, every owner can demand appropriate structural changes that serve the use of people with disabilities. However, changes that fundamentally redesign a residential complex or disadvantage a condominium owner are not permitted. It is not yet known when the BGH will issue its ruling (case no. V ZR 244/22 and V ZR 33/23).
In the Munich case, the homeowners' association rejected an external elevator on a listed ensemble that the able-bodied residents wanted to have installed on the third and fourth floors of the rear building at their own expense. The Munich Regional Court allowed the plaintiffs to install the elevator, stating that it would serve people with disabilities and was appropriate. The other owners challenged this in their appeal to the BGH in Karlsruhe.
In the second case, a condominium owner wanted to build a 65-centimetre-high terrace with a ramp at the rear of a complex of three interconnected houses in North Rhine-Westphalia. The Cologne Regional Court deemed this inadmissible. The accessible terrace would give the mid-range residential complex a new and luxurious character. In addition, the terrace with ramp was not necessary for barrier-free access to the apartment.
Press release of the BGH on the hearing Judgment LG Munich Judgment LG Cologne
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The ongoing case at the Federal Court of Justice (BGH) in Karlsruhe involves a dispute between the homeowners' association in Munich and its residents over the installation of an exterior elevator, as mandated by the 2020 condominium law reform to enhance accessibility. This case is one of two being examined by the BGH, with the second case focusing on a condominium owner in North Rhine-Westphalia who sought to construct a 65-centimeter-high terrace with a ramp, which was deemed inadmissible by the Cologne Regional Court.
The Federal Court of Justice's ruling in these cases will set a precedent for the permitted modifications to apartment buildings with multiple owners, ensuring that structural changes serve the needs of people with disabilities without redesigning the complex or disadvantaging individual owners. This is particularly relevant in Bavaria, where the construction industry has been growing, as well as in other parts of Germany.
Undeniably, these cases have sparked intense debate within various communities of owners, with many expressing concern over the implications of these modifications for property values and the overall aesthetics of their buildings. While some view the proposed modifications as essential for creating a more inclusive living environment, others argue that they could potentially diminish the historical and architectural significance of Art Nouveau buildings such as the one in Munich.
When making these decisions, the Federal Court of Justice must consider each case's unique circumstances, taking into account factors like the building's age, listing status, and the degree of disadvantage faced by the disabled resident, among other considerations. This meticulous approach is expected to maintain a delicate balance between ensuring equal access and respecting the rights of all members within the community of owners.
Ultimately, the forthcoming judgment from the Federal Court of Justice is set to clarify important aspects of the condominium law reform, reflecting Germany's commitment to promoting equal opportunities and fostering a more inclusive society.
Source: www.stern.de
