In its ruling of 17.03.2023 (file number IV ZR 140/22), the Federal Court of Justice (BGH) decided that a prior approval resolution is essential for structural changes to the common property in accordance with Section 20 Condominium Act (WEG).

In almost every construction project there is the common problem that construction defects become apparent long before approval.

In general, everyone expects a warranty period of 5 years (4 years for the VOB/B contract) for claims for defects that arise during the implementation of a construction project.

The provision of the still relatively new Section 250 of the German Federal Building Code (BauGB), which entered into force on June 23, 2021, opens up the possibility for the State governments to introduce a reservation of approval for the formation or division of residential property or part ownership pursuant to Section 1 of the Residential Property Law (Wohnungseigentumsgesetz, WEG) in areas with tight housing markets within the meaning of Section 201a sentence 3 and sentence 4 of the BauGB, by means of a statutory ordinance.