Germany's Federal Court of Justice (BGH) issued a significant ruling on Wednesday, affirming that homeowners' associations generally cannot prevent apartment owners from installing air conditioning units. The decision marks a notable shift in property rights, particularly as cooling systems become increasingly desirable across the country due to rising summer temperatures.
The legal dispute originated in Berlin, where a group of apartment owners sought to install a split air conditioning unit on their balcony. Their local condominium owners' association attempted to block the project, but a Berlin regional court initially ruled in favor of the owners, noting that the installation would not meaningfully impair other residents. The Federal Court of Justice has now reaffirmed that lower court ruling.
A critical aspect of the court's decision involves the noise generated by air conditioning systems. The judges determined that the operational noise of an AC unit is not a valid justification for prohibiting its installation. The court clarified that only the direct structural effects associated with the physical installation of the system should be taken into account by associations, rather than potential future noise disturbances caused by the unit's use.
This follows a similar precedent set by the country's highest civil court last year, which also ruled that installation decisions must focus on immediate structural impacts rather than fears regarding future noise.
For those considering climate control options in Germany, the market typically offers two primary types of systems. Compact monoblock devices are mobile units that connect to a power socket and vent warm air through a hose, often placed out of a cracked window. Because these units do not involve permanent structural alterations, they generally do not require approval from landlords or homeowners' associations.
Conversely, split units consist of an indoor cooling component and an external wall-mounted unit that releases heat. These require drilling through exterior walls, which has historically led to resistance from property managers and associations. READ ALSO: What are the rules around installing air conditioning in your home in Germany?
The demand for such technology is growing rapidly. According to a representative YouGov survey, approximately 17 percent of the population currently has air conditioning at home, while an additional 20 percent intend to acquire one. This interest has surged significantly, as only 15 percent of people owned an AC unit in July 2025, with only 10 percent planning a purchase at that time.
Data from the Building Climate Association indicates that sales of air conditioners, primarily split systems, grew from roughly 260,000 to 320,000 units between 2023 and 2025. Since the country-wide heatwave at the end of June, many shops reported selling out of fans and cooling units.
Crucially, the court also found that the noise AC units make during operation are not a viable reason to prohibit owners from installing them.
