If an owner subsequently insulates existing buildings and these protrude onto the neighboring property as a result, the neighbors must tolerate this. This is the result of a ruling by the Federal Court of Justice (BGH). In this case, a dispute arose between owners of neighboring properties in North Rhine-Westphalia.<\/p>\n
The plaintiff was of the opinion that internal insulation of her gable wall could not be carried out at reasonable expense. She therefore demanded that her neighbors tolerate external insulation in accordance with Section 23a of the Neighboring Rights Act (Section 23a NachbG NW), which protrudes over the shared property boundary. The BGH ruled in her favor and deemed the state law standard to be constitutional. However, in such cases, the development may not exceed 25 centimetres.<\/p>\n
According to the BGH, the energy-efficient refurbishment is intended to save energy and the reduction of greenhouse gas emissions is in the general interest. The plaintiff had appealed as the regional court had dismissed the appeal. However, the BGH pointed out that the decision does not apply to new buildings. These should be planned in such a way that the thermal insulation is located within the boundaries of one's own property.<\/p>\n
Source: BGH (AZ: V ZR 115\/20)
\n \u00a9 Fotolia\u00a0<\/p>","protected":false},"excerpt":{"rendered":"
If an owner subsequently insulates existing buildings and these protrude onto the neighboring property as a result, the neighbors must tolerate this. This is the result of a ruling by the Federal Court of Justice (BGH). In this case, a dispute arose between owners of neighboring properties in North Rhine-Westphalia. The plaintiff was of the opinion that internal insulation of her gable wall could not be carried out with reasonable effort [...]<\/p>","protected":false},"author":2,"featured_media":4218,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[64],"tags":[],"class_list":["post-4217","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-nachbarschaftsfragen"],"yoast_head":"\n