Air conditioning installation sparks disputes in Europe, with neighbors holding veto power

Installing air conditioning units in apartment buildings in Lithuania is proving to be a complex issue, primarily due to regulations surrounding shared property. The Ministry of Environment emphasizes that the facade and exterior walls of apartment buildings are common property, belonging to all owners. Therefore, installing an external AC unit on the facade cannot be decided by a single apartment owner.

A decision requires the approval of all apartment owners, made according to the Civil Code. The ministry maintains this rule is not outdated, as its purpose is to protect the rights of all co-owners and ensure common property is not altered without considering residents' interests. It also aims to preserve the building's architectural appearance, structural integrity, and prevent negative impacts like noise or improper use of common areas.

While acknowledging the increasing need for cooling due to climate change, the ministry believes this alone is insufficient grounds to abandon the requirement for co-owner consent. They stress the importance of balancing residents' comfort needs with the protection of co-owners' rights. The ministry suggests that cooling solutions, including individual AC installations, should be planned comprehensively, especially during building renovation projects, considering technical possibilities and architectural aspects.

Similar challenges exist in Austria, where neighbors hold veto power and unauthorized installations can lead to fines. The installation of a "split" system with an external unit is considered a modification of the building's structure, requiring the homeowner's consent. Obtaining this consent can be legally difficult if neighbors object, as courts weigh whether the AC unit infringes on their legitimate interests, such as noise or altered building appearance. Restrictions are even stricter in protected urban areas where facade changes may be prohibited altogether. This complex regulatory environment paradoxically encourages residents to opt for less efficient mobile air conditioning units that require fewer permits.