October 25, 2022, 3:32 am | Read time: 2 minutes
Whether glazed roof tiles are attractive or not is a matter of opinion. However, if their reflections disturb neighbors, such a case can end up in court. What was the decision?
Conflicts among neighbors are not uncommon. They often involve overhanging branches, noisy children, or mowing the lawn during midday. Some time ago, a case went to court where a resident was bothered by the glare from a neighbor’s solar panels. A similar situation is occurring now: It involves glazed roof tiles—specifically, their reflections. How did the judges rule?
Case of Glazed Roof Tiles Goes to Court
Neighbors can generally take action against light reflections from roof tiles. However, if glazed roof tiles do not cause an unreasonable disturbance, one must accept them. In this regard, the building permit remains valid, as shown by a decision from the Higher Administrative Court of Berlin-Brandenburg (Case No. OVG 10 N 66.18), referenced by the legal portal anwaltauskunft.de.
The case: The defendant builder had a building permit. He wanted sunlight-reflecting, glazed roof tiles on his single-family home. The neighbor felt disturbed by these light emissions and demanded the revocation of the building permit concerning the tiles. His lawsuit failed in court.
Also of interest: When you must tolerate trees at the property line
Reflections Are Not an “Unreasonable Disturbance”
While action against light impact on neighboring property is generally possible according to the court, an expert opinion from the State Office for Environment, Health, and Consumer Protection concluded that the reflections do not lead to an unreasonable disturbance. The building authority was entitled to rely on this expertise.
with material from dpa