Access to the roof

Hello,
my sister and I have a multi-story house (old building, ground floor, 1st floor, and attic) in the middle of the city, built in 1920. A second house was added to the west side of this house at that time, which does not belong to us. This house is about 2 meters lower and has a gable roof (metal covering). The west side of our house protrudes above this roof. This side is clad with Heraklit panels. However, these are now starting to come loose; some have already fallen onto the sidewalk. The owner of the other house does not want the craftsman to carry out the work from his roof. So we would now have to rent a fire brigade platform, which is extremely difficult to place because the street including the sidewalk is very narrow at this point! It is apparently not possible to do it from above (i.e. from our roof) either. Question: Can the neighbor refuse us access to his roof surface (even though there is imminent danger, as new panels could fall at any time!)? Unfortunately, I do not know the reason for his behavior; apparently, my father set something in motion many years ago... Thank you for any info

Normally, exactly such repair work should be covered by the right to access. In other words, he would have to grant you access.

Hello,

... Can the neighbor deny us access to his roof area (even though there is imminent danger, as new tiles can fall down at any time!).

No, he cannot.

There is a ruling by the BGH from 2008, case number: V ZR 158/07, according to which, in a comparable case, the applicant lost because he wanted to prohibit his neighbor from retroactively insulating an exposed gable wall. You should "only" keep this ruling in mind for now, because I am sure that – in times of tightening energy saving regulations and the fact that the cladding is starting to crumble – a legal dispute would be decided similarly. With the consequence of throwing good money after bad.

Neighbor disputes are always thankless; life isn’t so good side by side if the parties cannot talk to each other. Therefore, first try to resolve what you suspect is the root cause (dispute between your father and the neighbors); you and your sister are not your father! Even entrenched structures can be resolved if the cause (here the death of your father) is no longer present. I am also confident that if you consider the future of two disputing parties from both sides, the neighbor will give in. It must also be in his interest to finally establish something like neighborly peace (at least a respectful interaction). If he remains stubborn, point out the inconveniences that a lawsuit will bring; also in terms of costs. Maybe he is only worried that his roofing will be damaged? AND only then, if all verbal measures fail, bring the BGH ruling into play. I hardly believe he will want to resist a supreme court decision.

Good luck and Rhineland regards

Dear – how do you say... – respondents, scribblers, experts... well, dear people, thank you for the first responses, that already takes some pressure off.. [Leiterrecht] sounds good and a comparable judgment even better.. of course, I will first deal with the stomachache from the neighbor, because I can well imagine how something like that can quickly escalate into a trench war! Nobody needs that! But with the appropriate knowledge in the back of my mind, negotiating is simply easier... I prefer to talk about facts... I now think that he will give in, since if water gets into our wall, he will eventually have water damage too. Well, let’s see what comes out of it! Thanks again, Susan

Excerpt:

Art. 46b Hammering and Ladder Rights (1) 1 The owner and the entitled user of a property must tolerate that the property is entered by the owner or the entitled user of the neighboring property and persons commissioned by them for the purpose of erecting, altering, maintaining, or removing a building structure, and that scaffolding and equipment are set up on the property or extend onto it, as well as the necessary construction materials for the work being brought over or deposited on the property, if and insofar as

1. the project cannot be carried out otherwise or only at disproportionately high costs,
2. the disadvantages or inconveniences associated with the toleration are not disproportionate to the advantage sought by the entitled party, and
3. the project does not contravene public law regulations. 2 The right must be exercised as gently as possible. 3 It must not be asserted at an inappropriate time.

[...]

Basically, you therefore have the right to use the neighbor’s roof. However, there are additional regulations regarding notification (1 month in advance) etc. It may also be reasonable for you to work with a ladder truck — it depends on how the neighbor’s inconvenience is assessed.

I would therefore try again personally to see if he shows understanding. If that doesn’t work, you have to consider whether to enforce it if necessary with the building authority/lawyer or to accept the higher costs as you described.

Best regards Dirk Grafe