The installation of balcony power plants is a growing trend, especially in rented apartments. However, it is not always clear whether and under what conditions the landlord must give their consent. This article provides a legal overview of the current legal situation and shows when consent is required and what rights the landlord can assert.
Can a tenant install a balcony power plant on the outside of the balcony railing?
Yes, according to Section 554 (1) of the German Civil Code (BGB), the tenant can demand that the landlord allow them to use a plug-in solar device, i.e., a so-called balcony power plant. The prerequisite is that the structural change is reasonable for the landlord.
When can the landlord refuse consent?
The landlord may refuse consent if the structural alteration is unreasonable for them. This may be the case, for example, if:
- significant alterations to the building structure,
- safety risks, or
- an installation that violates building regulations.
The greater the structural intervention, the greater the landlord's interest.
What interests must be taken into account when weighing up the options?
On the landlord's side, particular consideration must be given to their property rights and their interest in maintaining the structural condition. On the tenant's side, the desire for self-sufficient power supply and sustainable energy generation is important.
Can the landlord protect himself against possible damage?
Yes, the landlord can demand security from the tenant, for example an additional deposit. However, this must be reasonable and justified and may only be used for risks arising from the measure, such as dismantling costs.
Can the landlord make his consent dependent on the provision of security?
No, the landlord may not make his consent contingent on the provision of security. He may only demand such security if the measure would be unreasonable for him without it.
Conclusion
In practice, landlords will regularly have to allow tenants to install balcony power plants, provided that this does not result in unreasonable disadvantages. The legislator promotes measures for sustainability, which is also reflected in the legal assessment. Landlords and tenants should therefore consult each other in good time and find practical solutions.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.