Obligation to tolerate – BGB, Tenants & Modernizations

Duty to tolerate – The duty to tolerate is a duty that is anchored in the German Civil Code (BGB) and by definition obliges a property owner to tolerate certain encroachments on his property. For example, if a construction crane swings over a neighbor’s property subject to certain conditions, the property owner is under a duty to tolerate. Also, if they build over the boundary of their property, without it being described as negligence, their neighbor has to tolerate the overbuilding. Even if you as the owner of an apartment want to carry out a modernization or renovation, your tenant must tolerate the measures after proper notice.

Obligation to tolerate at a glance

  • Anchored in the German Civil Code (BGB)
  • Neighbour must tolerate certain encroachments on property e.g. construction crane or superstructure
  • Tenants must tolerate modernisation or refurbishment

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