German Federal Court: Apartment owners have right to install split AC units on balconies

An air conditioning unit on the exterior wall of an apartment building. Source: Caroline Seidel-Dißmannel/dpa/dpa-tmn

As summers grow increasingly hot, air conditioning systems are becoming more attractive to many people. But can a homeowners' association reject a so-called split air conditioning unit on the balcony? The Federal Court of Justice (BGH) in Karlsruhe has now issued a ruling on this matter.

Key Ruling

Apartment owners can generally demand permission from the homeowners' association to install a split air conditioning unit with an outdoor unit on the balcony. The prerequisite is that the rights of other owners are not excessively impaired, the BGH ruled on Friday. The fact that the air conditioning system will later generate noise does not play a role in granting permission. (Case No. V ZR 162/25)

"The operation of an air conditioning system must be tolerated within certain limits," said Presiding Judge Bettina Brückner when announcing the verdict.

In principle, structural changes—such as fixed split air conditioning systems that require drilling holes through the facade—must be approved by a resolution of the homeowners' association. If a majority votes against it, a court can still allow the installation if either:

• All owners whose rights are impaired agree, or
• There is no excessive impairment.

Types of Air Conditioning Systems

Anyone looking to purchase an air conditioning system can generally choose between two types:

• Compact unit (monoblock): A mobile device connected to a power outlet. Warm air is transported outside through a hose, for example via an open window.
• Split unit: Consists of two parts—an indoor unit that cools the room air and an outdoor unit that releases the heat. The outdoor unit is permanently mounted on the exterior wall, requiring the wall to be drilled through.

Prevalence of Air Conditioning in Germany

According to a representative YouGov survey:

• Approximately 17 percent of people in Germany currently have an air conditioning system at home.
• 20 percent plan to acquire one.
• The proportion has increased significantly within a year. In July 2025, 10 percent planned to purchase one, and 15 percent already owned one.

Sales of room air conditioning units—mostly split systems—rose from approximately 260,000 to 320,000 units between 2023 and 2025, according to the Building Climate Association. No figures are yet available for 2026, but further growth is expected. In many stores, fans and cooling devices are currently sold out following the recent hot summer weeks.

Sources: AFP, dpa