If an owner subsequently insulates existing buildings, causing them to encroach on neighboring property, 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 at reasonable expense. She therefore demanded that her neighbors tolerate external insulation in accordance with Section 23a of the Neighbors' Rights Act (§ 23a NachbG NW), which protrudes over the common property boundary. The Federal Court of Justice (BGH) ruled in her favor and considered the state law standard to be constitutional. However, in such cases, the development may not exceed 25 centimeters.
According to the BGH, energy-saving refurbishment is intended to save energy and the reduction of greenhouse gas emissions is in the general interest. The plaintiff had appealed because the district court had dismissed the appeal. However, the BGH pointed out that the decision does not apply to new buildings. These were to be planned in such a way that the thermal insulation was within the boundaries of the plaintiff's own property.
Source: BGH (AZ: V ZR 115/20)
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