Property owners must also comply with the consideration requirement in building law if they want to build parking spaces for electric vehicles (VG 13 K 184/19). This was recently decided by the administrative court in Berlin. In this case, the owner of a property in Berlin-Prenzlauer Berg wanted to build five parking spaces with two electrical connections.
There are two properties on the plot, which are mainly used for residential purposes. The parking spaces were to be built in the second backyard, where a shed is located. The district authority rejected the construction - due to the noise emissions that could emanate from electric vehicles. The owner filed a complaint. Among other things, she believes that electric cars hardly affect the surrounding area and that there is no question of a quiet zone in the backyard.
The administrative court dismissed the claim. In the absence of a development plan, the project had to be measured against its specific surroundings and was inadmissible due to a breach of the principle of consideration. The affected parties were unreasonably affected. In all likelihood, the noise of the door and trunk banging would exceed the permissible night-time values. An appeal can be lodged against the ruling.
Source and further information: berlin.de/VG 13 K 184/19
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