Overview
- The Federal Court of Justice in Karlsruhe confirmed on Friday that owners can generally demand permission to install a fixed split air‑conditioning unit with an outdoor compressor on their balcony if other owners are not unreasonably harmed.
- The court said possible future operational effects such as noise, warm exhaust air or condensate do not automatically block approval and that those effects should be addressed later if they actually cause a disturbance.
- If a homeowners' majority refuses permission, a court can replace that decision and allow the installation only when affected owners agree or when there is no excessive impairment to others.
- Split systems require drilling the façade to connect the indoor and outdoor units so the change is treated as a structural alteration of communal property and may be allowed subject to technical or aesthetic conditions.
- The ruling ends the Berlin family's long legal fight that began with a December 2023 homeowners' vote and a July 2025 appellate win, and it signals wider impact as demand for cooling rises in hot summers while tenants and protected buildings remain subject to separate rules.