In 2015, a married couple purchased a condominium in a new development area in Düsseldorf. A total of 1,800 apartments were to be built on the site. The couple paid 550,000 euros for the 140-square-meter apartment. At a later date, the city of Düsseldorf built a waste glass and waste paper container facility on the opposite side of the new apartment. Since the facility was not discussed in the sales talks with the developer, the couple felt they had been fraudulently misled and filed a lawsuit (AZ I-21 U 46/19).
The spouses demanded a compensation payment of 10,000 euros from the developer. The reasons they gave were that the new apartment was worth around 30,000 euros less than the agreed purchase price due to the noise and odor nuisance caused by the development and the visual disadvantages. The action was unsuccessful before the Düsseldorf Higher Regional Court (OLG). The Senate did not allow an appeal to the Federal Court of Justice (BGH). With regard to Section 437 of the German Civil Code (BGB), the OLG does not see any material defect in the purchased item due to the construction of a recycling collection point in the vicinity of the new development area.
This is because, according to the OLG, ecologically sound waste disposal is an integral part of urban life. By purchasing their condominium, the spouses decided on the location in an urban area. The impairments caused by a container facility were therefore unavoidable and had to be accepted, even if it was a new housing development with upscale real estate prices. Furthermore, the developer was under no obligation to provide information about the construction of the recycling collection point, as this was public information accessible to everyone. The legally required minimum distance of the container facility from the residential buildings was also complied with in accordance with the regulations.
Source: OLG Düsseldorf
© fotolia.com
