Current BGH judgement: Structural changes to the common property

The Federal Court of Justice has ruled on the requirements for structural alterations to common property on the basis of the 2020 reform of condominium law. Two cases concerned barrier-reducing measures that were demanded by individual condominium owners.

The plaintiffs in the first case are flat owners in a residential complex built in 1911 and 1912 in the Art Nouveau style and listed as a historical monument. The plaintiffs' flats are located on the third and fourth floors of the rear building, whose façade and narrow staircase are rather plain in comparison to the front building. A passenger lift is only available for the front building. At the owners' meeting in 2021, a motion to make the rear building barrier-free was rejected. This was to be achieved by building a passenger lift to the inner courtyard at the owner's own expense.

The second case is a residential complex of interconnected houses with flats on the ground floor and first floor. There is a garden area at the rear of the residential complex. One owner wants to build a ramp for barrier-free access at the rear of a building, raise a terrace by approx. 65 cm and replace the double window in the living room with a lockable door.

The Federal Court of Justice ruled in its judgements (BGH 09.02.2024 - V ZR 244/22 and V ZR 33/23): The limits of permissible development were observed. According to the condominium law that has been in force since 1 December 2020, the condominium owners can generally decide on a structural change even if the resolution results in the assignment of an exclusive right to use the common property intended for this purpose.

Conclusion: Every condominium owner can demand reasonable structural changes if they serve the purpose of disability-friendly use. Changes that fundamentally change a residential complex or disadvantage a flat owner are not permitted.

(Photo: © Stephanie Albert, Pixabay)