Mainz Administrative Court - Ruling: Windows not permitted in fire protection walls
Even if a neighbor agrees with windows in a fire protection wall, an authority can prohibit them. This was decided by the Administrative Court of Mainz in a ruling published on Wednesday. The case concerned a residential building located directly on the border of a neighboring property. In 2009, the owner installed a window in a fire protection wall on the boundary of the property, followed by a second one a few years later. The building inspectorate later intervened and demanded that the windows be removed.
The owner objected to this, also pointing out that the neighbor had no objections and that the authority had not taken action for years - ultimately in vain. The administrative court ruled that openings in firewalls are not permitted and must be closed even if the neighbor has agreed to this and an authority only complains about the windows after a long period of time. The court ruled that a neighbor's agreement to deviate from the ban on openings alone did not diminish the general need for fire protection. In turn, the authority had not forfeited its authority by not intervening for a long time despite being aware of the windows.
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The jurisdiction of prohibiting windows in fire protection walls extends beyond neighboring property agreements, as shown by the case in Rhineland-Palatinate's Administrative Court in Mainz. Despite a neighbor's agreement and the authority's delayed intervention, subsequent judgments from the court upheld the necessity of fire protection, mandating the removal of the windows.
Source: www.stern.de
