Do the reflections of a photovoltaic system constitute a nuisance for the neighbor or not? The Braunschweig Higher Regional Court had to deal with this question (Ref. 8 U 166/21). In this case, an owner sued his neighbor. The neighbor had installed a photovoltaic system on his roof. The panels would cause reflections of the sunlight and unacceptable glare in the house.
The Göttingen Regional Court already rejected the application to remove the reflections in the first instance after obtaining an expert opinion. The appeal before the Braunschweig Higher Regional Court (OLG) was also unsuccessful. In principle, the owner was affected by the reflections. However, the impairment was not significant.
The advice of an expert was even sought for the decision. 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, the expert also inspected the conditions during an on-site visit. However, according to the OLG, "only a brightening could be determined without any glare to the eye".
Source: oberlandesgericht-braunschweig.niedersachsen.de
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