Does the owners' association have to approve my fibre-optic connection?

No – you don't need the association's permission for a fibre-optic connection; you have a statutory right to it. I explain what the owners may still have a say in, and how to enforce your right if it comes to that.

The network operator is practically on the doorstep. Technically, a fibre-optic connection for your flat has long been possible. Yet at the owners’ meeting you are told that the matter “needs further discussion” – or the managing agent doesn’t even put it on the agenda. In 2026 the fibre-optic roll-out is coming up at many owners’ meetings, and there is a good deal of uncertainty: does the association have to agree, or can you simply demand the connection?

In brief

No, the owners’ association does not have to approve the fibre-optic connection. As an rule it cannot refuse it to you as an individual owner. Connection to a very high-capacity telecommunications network is one of the privileged structural alterations under section 20(2) sentence 1 no. 4 WEG (German Condominium Act). Every flat owner has a right to it. All the association may still decide is the “how” of carrying it out, not the “whether”. Only in narrowly defined exceptional cases – for instance where the property would be fundamentally redesigned – can the position be different.

How I can help you

• Checking whether your specific project falls within the privilege of section 20(2) WEG
• Drafting a legally sound application to the managing agent, including the agenda item
• Preparing for and attending the owners’ meeting, even where individual owners resist
• Challenging refusal resolutions or bringing a claim to have the court substitute the resolution, where the association remains inactive or obstructive
• Clarifying the question of costs between you, the association and the network operator

Your right – and its limits

The law distinguishes between the “whether” and the “how” of a structural alteration. As to the “whether”, the association has no discretion to exercise against you. This applies to all the measures listed in section 20(2) sentence 1 WEG – these include accessibility, EV charging points, burglary protection, plug-in solar devices, and connection to a very high-capacity network. The right exists regardless of whether the other owners consider it worthwhile.

Section 20(4) WEG draws a limit. Measures that fundamentally redesign the residential complex, or that unfairly disadvantage another owner without their consent, may neither be resolved nor demanded, even for privileged projects. In practice this rarely affects the fibre-optic connection as such. It may, however, become relevant to the specific way the work is carried out – for example where a particular cable route would significantly alter the façade of a listed building, or would affect the structural integrity. Here it pays to look closely at the technical details of your specific project.

What the association may still decide

Even once the “whether” is settled, a resolution is not superfluous. Under section 20(2) sentence 2 WEG, the association must resolve on how the measure is carried out within the bounds of proper administration. So the association does have a say in:

• the specific routing of the cabling through the common property,
• the choice of the firm carrying out the work, where several technically equivalent options exist,
• the timing of the works,
• design details such as the position of distribution boxes or building connections.

What it may not do is use this route to prevent the connection from coming about at all. If the association unreasonably delays the resolution on the “how”, its right to have a say quickly turns into an unlawful obstruction of your right. The same applies where it attaches unacceptable conditions.

The process: how to enforce your right

1. Application to the managing agent: Set out in writing which connection you want – ideally with technical particulars such as the provider, the planned route and the firm carrying out the work. At the same time, request that it be included as an item on the agenda of the next owners’ meeting.
2. Resolution on the “how”: At the meeting the owners vote on how the work is to be carried out – not on whether the connection is to come at all.
3. On refusal or inaction: If the association refuses unlawfully, you can challenge the refusal resolution. If the meeting does not deal with the matter at all, you bring a claim under section 44 WEG to have the court substitute the resolution. The court then passes the resolution in place of the association.
4. Mind the time limits: Under section 45 WEG you must bring the challenge within one month of the resolution and set out your grounds within two months. This deadline is tight and, in practice, easily overlooked.

Who pays for the connection?

Under section 21(1) WEG, the costs are generally borne by the owner who demanded the structural alteration. In return, that owner is then solely entitled to the benefits of it. If, on the other hand, the association resolves on the measure by a qualified majority (more than two-thirds of the votes cast and half of all co-ownership shares), then under section 21(2) WEG all owners share the costs in proportion to their co-ownership shares. The same applies where the costs pay for themselves within a reasonable period. In that case, however, everyone benefits from the measure too. In practice, many network operators cover the cost of the building connections themselves, in whole or in part. This depends on the particular roll-out programme – it is best to clarify it before the meeting.

A typical case from practice

An owner wants to take advantage of the fibre-optic roll-out funded by the local authority. In good time before the annual meeting, she submits a written application. The managing agent does put the item on the agenda. But the meeting repeatedly adjourns the decision “because of open questions about the cable routing” and passes no concrete resolution. After several months without progress, the owner asserts her right through a solicitor. As to the “whether” there is no discretion to exercise in any event, and the meeting has taken no necessary decision on the “how” either. She therefore sets the managing agent a deadline and then gives notice of a claim to have the court substitute the resolution. Before the hearing even takes place, the association agrees on a cable route. The connection goes ahead.

Common mistakes

• Applications that are too vague: Writing only “I would like fibre” – without naming the provider, the technology or an idea of the route – hands the meeting an easy excuse to adjourn.
• Patiently waiting it out: Endless adjournments are not a lawful refusal. Those affected rarely take active steps against them – yet meanwhile no time limit is running in your favour.
• Missed deadlines: If the meeting passes a refusal resolution, you must challenge it within one month. Anyone who prefers to “wait and see” loses this option for good.
• Ignoring the cost question: Failing to settle the cost question in advance leads to needless argument at the meeting. That argument has nothing to do with the actual question of your right.

Frequently asked questions

Can the association refuse the fibre-optic connection because other owners aren’t interested?

No. The right under section 20(2) sentence 1 no. 4 WEG is yours – regardless of the other owners’ interest. Lack of interest is not a permissible ground for refusing the “whether”.

Do I already need a concrete contract with the network operator to make the application?

Not strictly, but it helps: the more precisely you name the provider, the technology and the planned cable route, the harder it is for the meeting to adjourn the decision on the “how” without a proper reason.

What if my project affects the façade or a listed-building designation?

Then I examine on a case-by-case basis whether the specific way the work is carried out falls within the limit of section 20(4) WEG (fundamental redesign, unfair disadvantage). As a rule, this leaves the right to the connection as such untouched, but it may affect the specific technical implementation.

Do I have to help cover the costs for all co-owners if I apply for the connection on my own?

No, the opposite: if you apply for the connection on your own, you generally bear the costs – and in return you are also solely entitled to use it. Only where there is a resolution by a qualified majority, or where the costs will foreseeably pay for themselves, do all owners contribute a proportionate share.

How long does it usually take to enforce such a right?

That depends heavily on how cooperative the managing agent and the association are. Where an agenda item is set promptly and the meeting decides the “how” on a proper, factual basis, the matter is often dealt with within a single meeting. Where there is obstruction, it comes down to response times – which is why taking legal steps early is worthwhile.

Your next step

Don’t let yourself be fobbed off with adjournments where the law gives you a clear right. I will review your case, draft a legally sound application to the managing agent, and see you through to enforcement – if necessary before the courts. You can find out more about my work across everything to do with property and owners’ associations at /en/topics/real-estate-law. In the next and final part of this series, the subject is the plug-in solar device – your right to your own balcony power plant.

This article provides general information and is no substitute for legal advice in an individual case. Last updated: 2026-08-26.

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