Do the reflections of a photovoltaic system constitute a nuisance for the neighbor or not? The Higher Regional Court of Braunschweig had to deal with this question (Case No. 8 U 166/21). In the case in question, an owner sued his neighbor. The neighbor had installed a photovoltaic system on his roof. The panels would cause reflections of the solar radiation and an unacceptable glare in the house.
The Göttingen Regional Court already dismissed the application for the removal of the reflections in the first instance after obtaining an expert opinion. The appeal before the Higher Regional Court (OLG) of Braunschweig was also unsuccessful. In principle, the owner was indeed adversely affected by the reflections. However, the impairment was not significant.
For the decision, even the advice of an expert was sought. Among other things, the expert examined the location of the residential buildings, the angle of inclination of the photovoltaic system, the position of the sun and the weather data. In addition, he convinced himself of the conditions during an on-site appointment. However, according to the OLG, "only a brightening could be determined, without a glare of the eye being given".
Source: oberlandesgericht-braunschweig.niedersachsen.de
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