Owners must also comply with the consideration requirement in building law if they want to build parking spaces for electric vehicles (VG 13 K 184/19). This was recently decided by the Administrative Court in Berlin. In the case in question, an owner of a property in Berlin-Prenzlauer Berg wanted to build five parking spaces with two electrical connections.
There are two properties on the plot, which are mainly used for residential purposes. The parking spaces were to be built in the second backyard, where there is a coach house. The district authority rejected the construction - due to the noise immissions that could emanate from electric vehicles. The owner filed a lawsuit. Among other things, she argues that electric cars hardly affect the surrounding area and that there is no question of a quiet zone in the backyard.
The administrative court dismissed the complaint. In the absence of a development plan, the project was to be measured against its concrete surroundings and was inadmissible due to a violation of the requirement of consideration. The affected parties were unreasonably impaired here. In all probability, the noise of the door and trunk slamming would exceed the permissible nightly values. The ruling can be appealed.
Source and further information: berlin.de/VG 13 K 184/19
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