Advertising facade
November 15, 2011 | 30,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Lawyers,
As a promotional measure, we would like to attach advertising banners to several balconies of a building at our company headquarters in Cologne. We are aware that any alteration to the visual overall impression of a building's facade requires the approval of all apartment owners. Are there any local regulations, for example according to the State Building Regulations, that impose requirements on the external design of buildings that we need to consider? How can we find out how the local building regulations apply, who is responsible for this, and what permits we would need to obtain? Thank you in advance!
Best regards
Dear Seeker,
Thank you for your inquiry.
I would like to answer it as follows:
You are absolutely right that in principle, the consent of all apartment owners is required if this involves an optical change to the facade, which is essentially common property.
The question is first of all how such a banner is designed. For example, if it is a fabric banner, it could simply be attached (from a building law perspective, the consent of the apartment owners is still required).
If it is potentially a heavy banner (essentially a structural construction) that needs to be complicated to install (for example, because the masonry would need to be drilled at several points and certain rods or similar need to be attached), a building permit might even be necessary.
However, this depends on the specific design and varies from state to state.
You should therefore find out whether and how your specific project can be realized. For this, please contact the building and regulatory office responsible for your municipality and describe your project as precisely as possible and inquire about the corresponding application procedure (especially whether such a procedure is required in your state/municipality).
I hope this has provided you with an initial legal orientation and wish you success and all the best!
I would like to point out the following to you:
The legal advice I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation which cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have helped you. You are welcome to contact me through the follow-up option.
I wish you a pleasant Tuesday afternoon!
Kind regards from the North Sea coast
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
