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Satellite dish installation laws and regulations - Germany

Foreigners entitled to their native language TV

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SZ_Editor
I just found an article summary on the new satellite dish installation laws for Bavaria. Here is a (poor) translation:

tenants may set up a satellite dish on the balcony of their dwelling if it is placed on a stand and is not fastened to the brick-work. This was the decision of the regional court "Munich I" (Az.: 31 S 7699/03).

The landlady had argued that the satellite antenna impaired the aesthetics of the apartment. Thus the building owner's rights were affected. The tenants held out that the dish was comparable in size and appearance to a sun screen.

The regional court agreed with the tennant and rejected the complaint of the landlady. The judges did not recognise any aesthetic impairment since the antenna could hardly been seen from behind the parapet wall of the balcony
-- Avery

See also the related topic: House rules about installing a satellite dish
Joe Strummer
According to the German constitution all foreigners are entitled to a satellite dish if they are not able to receive at least two channels on cable or terrestrial in their native language.

I think you may still have to get some sort of permission to install any dish over 80cm though.
Satman
Basically, if you have signed an apartment rental contract that states you will not install a dish antenna on the building then you must abide by that contract.

Remember, YOU signed it. You should not sign something that you do not understand. By signing it, you may have waived your rights to receive information in your own language or culture.
A-3
This is from a German court. Click the link, but it is in German: Keine Genehmigung für Satellitenschüssel auf dem Balkon

Das Landgericht München 1 entschied nun diesen Streit:

Die Satellitenschüssel wurde aufgestellt, ohne mit dem Mauerwerk verbunden zu sein. Damit liegt keine vertragswidrige Nutzung des Balkons vor. Es besteht für den Eigentümer also kein Anspruch auf Beseitigung. Auch eine optische Beeinträchtigung des Mietshauses ist nicht gegeben, da die Antenne hinter der Brüstung des Balkons kaum zu erkennen ist.

Familie Walenko darf also weiterhin ihr Programm in russischer Sprache genießen.
...or this: Satelliten-TV für Mieter:„Geht nicht, gibt’s nicht":

Bisher durfte ein Mieter nicht einfach so eine Satellitenanlage installieren, wenn er bereits einen Kabelanschluss in seiner Wohnung hat. Nur ein nachweisbares besonderes Informationsinteresse, zum Beispiel bei ausländischen Mietern an Heimatprogrammen, oder bei Journalisten an umfassendem Zugang zu den Medien, verhalf zum Satellitenempfang.

Das Berliner Landgericht entschied jetzt: Das geht so nicht! Jeder Mensch hat ein Recht darauf, eine Parabolantenne aufzustellen (AZ 65 S 229/04 30.11.04).
Dusty
I can't rembember exactly where I read it but if the apartment rental contract contradicts community law, the article which contadicts community law is invalid because it shouldn't have been included in the first place regardless as to wether you have signed it or not.

Fill in this form and you should get the gospel answer within a few days: EU citizens rights - general enquiries form

I had the same problem when I was living in an Army Quarter. I stuck to my guns despite the fact that the Owner was trying to apply pressure and the Army was ordering me to take the dish down. The dish was mounted on a pole on the balcony and did not interfere with the structure of the building in any way.
That Bloke Off The Radio
Whilst signing a rental contract you don't understand or agree with or haven't read is a foolish thing to do signing it does not "waive your rights".

You can write what you like into a contract and that contract can be signed but if you (the signatory - in this case the tenant) find out later that something in that contract you have signed is contrary to the law of the land then then law wins.

You do indeed have a right to receive broadcasts in your language that reflect your culture as there is a law protecting that right.

If we all listened to contract advice such as that which I have quoted from a previous poster then we would all be living in fear of small print with no protection from unscrupulous landlords by the law - it would just be a fee-for-all and you could just write what you wanted into contracts!
luke
Why don't you just put the dish on a stand on your balcony (assuming you can see South East)? Your landlord cannot dictate what objects are on your balcony. They only kick up a fuss when you attach it to the outside of the building. Run one of those flat cables thru the window and you're sorted.
jg.
Astra also have some useful information (in German) about satellite viewing and the law in Germany:

Rechtslage und Parabolantenne

Das Landgericht Hamburg hat erneut bestätigt, dass Mieter auch ohne ausdrückliche Genehmigung des Vermieters berechtigt sind, eine mobile Parabolantenne auf dem Balkon aufzustellen – Gleiches gilt auch für die Terrasse (Urteil vom 19.12.2002, Az. 307 S 132/02). Voraussetzung ist, dass das bloße Aufstellen oder Festklemmen nicht mit einem Eingriff auf die Gebäudesubstanz durch Bohren und Ähnliches verbunden ist.
Ciao
JG
Steve
Be careful if you live in a listed building or in a very old traditional style of building from the 1500's. It is in the German law that I can NOT install anything onto this building, foreigner or not.
RMA
Somewhat belated, but I recently read somewhere (probably Focus, but I'm not sure), that there has been a new decision which has expanded this right from foreigners to all residents, including Germans, on the basis of the right to information, which is written into the constitution.

The point about small antennas (120cm could be a problem) on the balcony, effectively hardly visible and not affecting the building structure was also mentioned as being significant.
Snowy
I have heard, that as a foreign national living in Germany, I am entitled to have a satellite dish so that I can watch news etc in my native tongue. Does anybody know anything more about this? More specifically, is there actually some law or act stating this?

Topics merged by admin
YorkshireLad6
No laws permitting it per se but plenty of legal decisions based on the the rights of the citizen in Germany to receive information from his culture, home or language.
djgrazy
I had a related situation in Hamburg two years ago.

The Landlord can't object to you installing a dish, however he has some say in where you put it and he'll probably insist that it's professionaly installed. If on the roof, the last thing anyone wants is it blowing off and striking someone. For the same reason, you'll probably need to make sure your home insurance will cover any damage it may cause. You may also be required to leave a deposit to make sure that it can be removed and returned to it's original state when you leave.

He'll probably make you put it on the roof, but if he doesn't let you, then point out the law to him and tell him that if there's no decision within two weeks you will install it on the wall. If he later tries to take you to court he'll get nothing, you were forced to install it on the wall as he was being unreasonable.

We got ours eventually installed on the roof for €350, it's a lot I know, but it's well worth it. The landlord wasn't too happy about it, but soon changed his thinking when we put it on the wall. Four days later we received a letter telling us to take it down, to which we replied, only when an alternative solution is offered.

If you have a south facing balcony that would be your best bet, other than that it's going to be the roof.
Owain Glyndwr
See also the following post by YorkshireLad6. He knows his stuff and can be trusted to be accurate:

There is no "legal right" for a foreigner to have a satellite dish

There is no "legal right" for a foreigner to have a satellite dish

However, there are are both German and European Constitutional paragraphs which give every citizen the right of unhindered access to "information"

In the German constitution for example (Artikel 5, Absatz I, Satz I): „Jeder hat das Recht, seine Meinung in Wort, Schrift und Bild frei zu äußern und zu verbreiten und sich aus allgemein zugänglichen Quellen ungehindert zu unterrichten."

...read more
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