In a significant legal development for property owners in Germany, the Federal Court of Justice (BGH) ruled on Wednesday that homeowners' associations generally cannot prevent residents from installing air conditioning units. This decision is being viewed as a major step in securing the rights of apartment owners to cool their living spaces, an issue that has gained urgency as summers in the country become increasingly hot.
The court's judgment stemmed from a case involving apartment owners in Berlin who sought to install a split-system air conditioner on their balcony. Their local condominium owners' association had blocked the installation, leading the residents to challenge the decision in a Berlin regional court.
That court initially ruled in the residents' favor, determining that the installation would not meaningfully impair other homeowners. The Federal Court of Justice has now reaffirmed this position.
A critical aspect of the ruling is the court's stance on noise concerns. Crucially, the court also found that the noise AC units make during operation are not a viable reason to prohibit owners from installing them. The court clarified that considerations should focus solely on the structural effects directly associated with the installation process itself, rather than potential noise disturbances that might occur during future use.
This reasoning mirrors a decision made by Germany's highest civil court last year, which similarly rejected a landlord's attempt to block AC installations based on speculative fears of noise.
For those considering climate control in Germany, there are two primary methods available. The first is a mobile, compact monoblock unit that connects to a power socket and vents warm air through a hose, typically placed out of a cracked window. Because these units do not require permanent structural changes, they do not need approval from landlords or homeowners' associations.
The second option involves split units, which consist of an indoor cooling component and an external wall-mounted unit that emits heat. These installations require drilling through walls, which has historically led to resistance from property management bodies. READ ALSO: What are the rules around installing air conditioning in your home in Germany?
The demand for cooling solutions is rising rapidly across the country. According to a YouGov survey, approximately 17 percent of people in Germany currently have air conditioning at home, while an additional 20 percent of the population intends to purchase a system. This represents a significant increase from July 2025, when 15 percent of respondents owned a unit and only 10 percent planned to buy one.
Data from the Building Climate Association indicates that sales of air conditioners—primarily split units—grew from roughly 260,000 to 320,000 between 2023 and 2025. Since the country-wide heatwave at the end of June, many shops reported selling out of fans and cooling units.
Put simply the court decision is seen as establishing a basic rule: Homeowners' associations can't usually prevent the installation of air conditioning units.
