A 70-year-old owner will no longer have to walk the more than 100 steps to his apartment. Instead, he can now have an external elevator installed on his apartment building - even though it is a listed building and even received the City of Munich's façade award for the front building in 1983. This was recently decided by the Federal Court of Justice (AZ: V ZR 244/22 and V ZR 33/23).
In this case, a 70-year-old owner and another owner want to have an external elevator installed on the rear building at their own expense. However, the other owners do not agree to this. There are various reasons for this. In addition to the structural change, they also fear a loss of space for storing bicycles and garbage cans. The case first ends up before the local court and then before the regional court in Munich before the BGH has to deal with the owners' appeal.
It can be deduced from the decision of the BGH that measures to promote accessibility may only be denied in absolutely exceptional cases and that structural changes are only inappropriate in absolutely exceptional cases. "This can only be assumed in exceptional circumstances or exceptional requests," tagesschau.de quotes the presiding judge of the 5th Civil Senate of the BGH, Bettina Brückner.
Sources: juris.bundesgerichtshof.de/tagesschau.de
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