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According to a ruling of the Federal Court of Justice, homeowners can effectively decide on the obligatory installation and maintenance of smoke detectors by the municipality in all houses if there is a corresponding obligation under state law. The same is true when it comes to apartments in which the owners have already installed smoke detectors.
According to the state building regulations, the obligation to convert existing apartments with smoke detectors is given. Therefore, the owners of the apartments have decided to install, maintain and control smoke alarms for all apartments by a specialist company. In the annual accounts, the maintenance and monitoring operating costs should be broken down into the shares of co-owners. Some homeowners have already installed smoke detectors in their rooms.
Homeowners can choose to install smoke detectors in all apartments
This also includes the decision-making on the regular inspection and maintenance of smoke detectors. However, it does not stand in the way of the homeowners to opt for even maintenance and inspection of the new smoke detectors by a specialist company.
In the view of the Federal Court of Justice, the choice made is in line with the proper administration: through the common acquisition and joint regulation of maintenance and monitoring, the community of owners can ensure that the smoke detectors comply with the applicable DIN standards and qualified technical personnel be mounted and repaired.
In the opinion of the Federal Court of Justice, individual solutions would result in considerable additional expenses for the trustee, especially in large condominium associations, in checking whether the installation and maintenance obligations were met in detail and the evidence was provided. The application refers to a study carried out in 2015 by the Technical University of Darmstadt, which assesses the potential of loft conversions in areas with an increased floor space requirement of 1.1 million residential units with 84.2 million m2 of additional space.
This is the conclusion of the BGH in two recent decisions in which the tenants of two apartments had raised warranty claims against the landlord.
The disputes concerned the apartments built
The tenants living there complained that the construction of the apartments had a thermal bridge.
In the view of the Federal Judges, cold bridges in the outer walls are not a significant deficiency if the building regulations and manual regulations and standards applicable in the construction of the building are observed. Rental properties with the standard of living for comparable apartments would be expected without further agreement. In 1968 and 1971, the thermal insulation was not yet established, so that cold bridges were a common design condition.
Accordingly, the cold spots of the apartments here are not a material defect. The home there is equipped with a median of 4.550 USD per sqm. Apartments for rent are offered for rent of 12,10 USD. Only in Rosenheim and Landshut, the Mietvervielfacher is even larger. Here are the purchase prices of 4,290 USD in Rosenheim and 3,950 USD per square meter in Landshut the second and third highest, the rents in both cities are around 10 USD per square meter in the tenant.
The good hillside location in the foothills of the Alps near the Chiemsee near Rosenheim also plays a role. Only Bad Homburg in Hesse is the exception in the top ten, where the purchase price is currently at 3,830 USD. Bad Homburg is with 11,50 USD rental prices per year even the third most expensive investigation city.