Community ownership: Schornstein belongs to everyone, despite use by individual

Community ownership: Schornstein belongs to everyone, despite use by individual

A chimney can recover many secrets, but the latest decision by the Berlin Regional Court brings light into the dark! Who would have thought that the chimney is not only an important part of the building, but also beats in the heart of the owner community? It is a decision with far -reaching consequences that could change the rights and obligations of owners forever!

A dispute over the law

A community of owners, which is only used by a single owner, can be classified as special or community property behind closed doors. This apparently small question has huge meaning! Because depending on how the decision is, the owner needs the consent of the entire community to make important repairs or changes. It was more than just masonry and smoke deductions - it was about the balance of power within the owner community!

The clear message of the judgment

The Berlin judges made short processes with the uncertainty! Her judgment is clear: "Chimney stones are regularly among the parts of the building that are necessary for its safety." What does that mean? Quite simply: the chimney cannot be seen as a pure individual ownership, even if only one owner uses it - it remains part of the community property! The elimination of dangers and ensuring building security must be the responsibility of all owners.

In this case, file number 85 S 52/23, there is no longer any doubt: The community has to work together when it comes to working on the chimney. Even if this means that someone sees themselves on their own nose, the legal provisions are clear! The judgment has not only legal, but also human dimensions. Trust within the community is the be -all and end -all, and this judgment could strengthen the basis, on which owners act.

This shows once again how important it is to make the right decisions when it comes to questions of community property. Attention the owner: If you want to take your chimney in your own hands, you need the consent of your neighbors! A judgment for the unit - even if this is sometimes significantly more difficult than expected!

A clear announcement that opens up new perspectives and asks all owners to think about their common responsibilities. Who would have thought that a chimney could trigger such vertebrae?