The installation of mobile phone antennas on buildings can be an attractive source of income for owners, but raises legal questions. In both Germany and Austria, there are clear regulations concerning the consent of the owners’ association and tenants. Here you will find an overview of the most important rulings and current legal framework conditions.

Federal Court of Justice (BGH) rulings on the installation of mobile phone antennas

Germany: Important decisions

  • Judgment of January 24, 2014 (Ref. V ZR 48/13)

    • This ruling concerns the installation of mobile phone antennas on the roofs of condominium owners’ associations (WEGs). The Federal Court of Justice ruled that such an installation constitutes a structural change that requires the consent of all condominium owners. This applies in particular if the structural alteration entails potential adverse effects for individual owners, such as visual impairments or reductions in the value of the apartments.

    • Background: Before this ruling, a majority resolution of the owners was often sufficient. The BGH ruling now takes more comprehensive account of the interests of the community of owners.

    • Source: Haufe.de

  • Judgment of March 15, 2006 (Ref. VIII ZR 74/05)

    • The Federal Court of Justice ruled that a landlord has the right to install a mobile phone antenna on the roof of a rental property. Tenants cannot prevent this as long as the legal limits for emissions are complied with.

    • Health aspects: Even health concerns of a tenant, such as the use of a pacemaker, do not justify an injunction, provided that the statutory limits are not exceeded.

    • Source: Kostenlose-urteile.de

  • Judgment of November 2, 2005 (Ref. VIII ZR 310/04)

    • This concerned the question of whether the use of parts of the building for mobile phone antennas is related to social housing subsidies. The ruling clarified that the operation of mobile phone antennas does not affect any rights or obligations arising from existing tenancies.

    • Source: Datenbank.nwb.de

Current developments due to the 2020 WEG reform

Since the reform of the German Condominium Act (WEG) in December 2020, the legal situation in Germany has changed. Structural changes such as the installation of mobile phone antennas can now be approved with a majority of more than half of the votes cast, as long as they do not constitute a fundamental redesign of the residential complex or unfairly disadvantage individual owners. This regulation is intended to facilitate the expansion of the digital infrastructure and speed up decision-making processes.

Austria: Situation and legal framework

Similar regulations apply in Austria as in Germany. The installation of mobile phone antennas must comply with building regulations and the respective condominium law. Here, too, it is important that owners’ associations agree and that structural changes do not unduly affect the interests of individual owners.

In Austria in particular, mobile phone providers are increasingly trying to acquire new locations for the expansion of the 5G network. The consent of the community of owners is also crucial here in order to avoid potential conflicts. It is recommended to carefully examine the legal framework and possible structural consequences.

Conclusion: What owners should consider

The installation of mobile phone antennas offers opportunities, but can also pose challenges. Owners should inform themselves about the legal framework and carefully weigh up the possible consequences, such as visual changes and possible reductions in the value of their property. Before concluding contracts, it is advisable to seek legal advice to ensure that all interests are protected.

This article will be updated on an ongoing basis as soon as there are new rulings and legal developments in Germany and Austria. Stay informed about the legal aspects of mobile phone antenna installation in order to best protect your rights as the owner.