Permission to create a new window in a block?

8 posts in this topic

Our next-door neighbour has just been in touch from Germany to say that he wants to knock through the outer wall of the building and have an extra window installed in his flat.  He maintains that he has received the verbal OK from the managing agent and has even approached a builder to do the work. The building is a large 1960s, 4-floor block of some 30+ flats; our flat is on the 3rd floor.

 

I am not familiar with planning matters in Germany but it seems to me that such drastic action would, at the very least, require the approval of the other owners in the block. Might there also be town planning considerations?

 

Is it normally the case that a managing agent may simply nod through such a proposal as easily as this? I do not believe any owners have been consulted.

 

The window in question would be within a few feet of the concrete flower bed that is situated in front of our flat and at the side of our terrace.

 

Because of the current Covid situation, we are not able to go to Germany at present.

 

With many thanks in advance for comments.

 

AH

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10 minutes ago, AfterHours said:

I am not familiar with planning matters in Germany but it seems to me that such drastic action would, at the very least, require the approval of the other owners in the block. Might there also be town planning considerations?

 

Is it normally the case that a managing agent may simply nod through such a proposal as easily as this? I do not believe any owners have been consulted.

 

Germany is the land of paperwork and "a simply nod" is not enough for anything. This sounds fishy.

 

This project should be discussed at your next owner's meeting and your neighbour might need a building permit. 

 

Call your property management company and then follow-up with a letter.  

 

 

 

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You and the man are renters?

 

Changing the structure of the building would require city permits with plans and structural engineering studies.

 

Who owns the building?

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a new outside window in the building may (or may not) need a "Baugenehmigung" - and it will definitely require "statische Bescheinigung" from an authorized specialist. A nod from some management company is not enough. If you are one of multiple owners, there will have to be some kind of a voting process, since this change affects the outside of the building.

 

Read here for details

https://baugorilla.com/sanierung-ohne-baugenehmigung

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OK and thanks for the recent replies, which confirm more or less what we had supposed.

We suspect the guy is trying to pull the wool over our eyes with his statement that he has already received approval. It seems more likely that they said something like, "It may well be OK."

We are the owners of our flat; and the neighbour owns his flat, too.

Thank you, Karin, for the link.

We will be in touch with the managing agents in the morning.

AH

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16 hours ago, karin_brenig said:

a new outside window in the building may (or may not) need a "Baugenehmigung" - and it will definitely require "statische Bescheinigung" from an authorized specialist. A nod from some management company is not enough. If you are one of multiple owners, there will have to be some kind of a voting process, since this change affects the outside of the building.

 

Changes to the *outside* of a building with multiple owners requires a vote by the HOA/Eigentümergemeinschaft, as this is shared property/Gemeinschaftseigentum.

It used to be that a unanimous vote was required, it may have changed to majority needed only.
No amount of nodding by the managing agent will change the need for said owners' vote, though.

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If the reason for the change has to do with accessibility, security, internet access or electromobility there has to be a Beschluss but the other owners are not allowed to veto it.  Unless they do, in which case it'll likely end up in court.  This new law came into force in December last year. see here.

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42 minutes ago, CincyInDE said:

This new law came into force in December last year. see here.

Thanks Cincy, that's exactly the new law I was thinking of.

Here's the relevant part for the OP:
    § 20 Abs. 1 WEG-neu: Bauliche Veränderungen am Gemeinschaftseigentum werden vereinfacht. Diese sind jetzt mit einfacher Mehrheit möglich. Auf eine Zustimmung aller von einer Maßnahme beeinträchtigten Eigentümer kommt es nicht an.

 

This means a simple majority of the owners' vote is enough to put in the new window - but vote they must. :)

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