Chimney law: judgment strengthens community property in Berlin

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Erfahren Sie in unserem Artikel, warum Schornsteine in einem Mehrfamilienhaus immer Gemeinschaftseigentum sind, selbst wenn sie nur von einem einzelnen Eigentümer genutzt werden. Das aktuelle Urteil des Landgerichts Berlin klärt wichtige rechtliche Fragen zur Nutzung und Instandhaltung von Schornsteinen durch Eigentümergemeinschaften. Informieren Sie sich über die Hintergründe und die Auswirkungen auf die Eigentümerrechte.
Find out in our article why chimneys in an apartment building are always common property, even if they are only used by a single owner. The current judgment of the Berlin Regional Court clarifies important legal questions about the use and maintenance of chimneys by owner communities. Find out more about the background and the effects on owner rights. (Symbolbild/MB)

In a pioneering judgment, the Berlin judges clarified: chimneys are community property - regardless of whether only a single owner uses them! This is not only a legal bang, but also has far -reaching effects on owner communities.

Imagine: a chimney that is only used by a single residential unit. Many could think that would be a special fund, in private ownership! But reality looks different. The decision of the Berlin Regional Court (file number 85 S 52/23) confirmed that all chimneys are to be regarded as part of the community property!

a dispute with great importance

At its core, it was about a dispute in an owner community where to find out to what extent work on a single chimney had to be treated legally. Is this community property or a special use? The answer to this is crucial: this clarification influences whether an owner always needs the consent of the community before lending hand or whether he can take measures independently.

The judges were unmistakable: the security of a building depends on the proper condition of his chimney. "Chimney stones are regularly one of the parts of the building that are necessary for its security," said the court's clear announcement. Even if only one owner uses the fireplace, it remains the responsibility of everyone!

Important information for owners' communities

This decision not only has legal, but also practical consequences for all owner communities in Germany. It turns out that even if a chimney is used privately, it cannot be separated from community property. These clear guidelines are imperative to avoid the legal mess of apartment owners.

It is advisable for every owner to find out about the rights and obligations in connection with community property and, if necessary, to come together in good time for the necessary work. After all, security and regulations in their community are all about!