The Federal Court of Justice, Germany's highest civil court, is currently delving into the intricacies of barrier-free access within multiple-owner apartment buildings. Two contentious cases have captured their attention: the installation of an exterior elevator at a Munich Art Nouveau house, and a condominium owner's desire to construct a terrace with a ramp in North Rhine-Westphalia.
With the 2020 reform of the condominium law in mind, every property owner can petition for appropriate structural alterations that cater to individuals with disabilities. However, substantial redesigns of residential complexes or disadvantages to individual condominium owners are strictly prohibited.
In the first case, the homeowners' association in Munich rejected the installation of an exterior elevator on the third and fourth floors of a rear building. The able-bodied residents desired the modification at their own expense, but the Munich Regional Court granted the plaintiffs permission. The homeowners' association contested the ruling in appeal to the Federal Court of Justice, arguing that the project could hinder the building's historical significance.
In the second case, a condominium owner attempted to construct a 65-centimeter-height terrace with a ramp at the rear of a complex in North Rhine-Westphalia. The Cologne Regional Court deemed this project inadmissible, as the accessible terrace would contribute to the complex's luxurious appearance and wasn't essential for barrier-free access.
The imminent judgment from the Federal Court of Justice in these cases will establish an important precedent for modifying apartment buildings without jeopardizing people with disabilities' rights or disrupting the property values and aesthetics of the community. The ruling showcases Germany's commitment to fostering an inclusive living environment while ensuring equal opportunities.
Referenced Guidelines and Regulations
The provision of specific guidelines from the Federal Court of Justice in both cases was not included in the provided sources. However, fundamental guidelines and regulations related to accessibility can be gleaned from relevant legal and architectural guidelines.
- The German Building Code (Bauordnung) serves as a general guideline, emphasizing the significance of barrier-free access in all buildings, including multi-owner apartment buildings.
- The "Barrierefreie Zugänglichkeit" (Barrier-Free Accessibility) guidelines outline the specific requirements for ramps, elevators, and other access features, ensuring that buildings are accessible to individuals with disabilities.
- Case law plays a crucial role in guiding each individual project, considering factors such as the necessity of modifications, the impact on the building's structure, and the rights of all owners and residents involved.
- An engineered approach may be necessary for complex modifications, basing the design on relevant legal and architectural guidelines, as described in the context of fire safety regulations for open-plan flats.
- Collaboration and collective decision-making are essential among all owners in multi-owner apartment buildings, as modifications typically require the input and approval of all parties involved, ensuring compliance with regulations while catering to the needs of all community members.
