The idea that a rubbish container in the vicinity of a new condominium reduces its value is a source of unease for many buyers. But courts often take a different view. Here you can find out why such containers are part of urban life and what rights you have as a property owner.
Waste containers in new housing estates: A necessary evil?
Every residential area, whether old or new, needs containers for used glass and paper. This also applies to new housing estates, where such facilities are often only set up after construction. Buyers should be aware of this and factor it into their decision.
Judgement of the Düsseldorf Higher Regional Court
A couple in Düsseldorf felt deceived when a container station for used glass and paper was set up opposite their newly purchased new-build flat. They demanded compensation as they feared a loss in value of 300,000 euros for their flat. The Düsseldorf Higher Regional Court rejected this claim (case reference: 21U 46/19).
The court's reasoning
The judges argued that such containerised facilities are part of urban life and that the resulting nuisance is unavoidable. The facility was legally authorised and complied with all public law regulations. Furthermore, the plaintiffs had deliberately opted for an urban environment in which increased environmental noise is normal.
Waste disposal: An ecological contribution
The ecologically sound disposal of used glass and paper is an essential part of sustainable urban planning. Even in upmarket residential neighbourhoods, a functioning waste disposal system is essential. The purchase price of a property does not justify any claim to a certain standard of environmental design.
What should property buyers bear in mind?
Before buying a condominium, it is advisable to check the planned infrastructure measures in the neighbourhood. Information on future construction projects, such as containerised facilities, can often be obtained from the local council. An experienced estate agent will help you to recognise such risks at an early stage.
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