Can you install an AC or heat pump in an apartment building?

AC's and heat pumps are an increasingly popular way to cool a home, but installing one in an apartment building raises plenty of questions. This article looks at what a Finnish Supreme Court ruling says about the right to install one, and what conditions can affect the installation.

You're allowed to install an AC or heat pump in an apartment building

Under a Finnish Supreme Court ruling (KKO 2021:32), a housing company can't, without a valid reason, refuse to let a shareholder install an AC or heat pump on their apartment's balcony. The housing company does have the right to set conditions on the installation, for example to prevent noise nuisance or protect the building's structure. If the installation would cause unreasonable harm to the company or other shareholders, the housing company can refuse permission.

Nearly every housing company today has guidelines and requirements for installing an AC or heat pump in an apartment building, so situations where it can't be installed at all are very rare.

A shareholder's right to install an AC or heat pump

In 2021 the Finnish Supreme Court issued a ruling (KKO 2021:32) confirming that a housing company can't, without a valid reason, refuse to let a shareholder install an AC or heat pump on their balcony. This ruling clarifies shareholders' rights, especially in cases where the goal of the installation is better energy efficiency or added comfort.

The housing company's right to set conditions

Even though a shareholder has the right to install an AC or heat pump, the housing company can set conditions on the installation. These conditions are meant to minimize any potential downsides, such as:

• Preventing noise nuisance: the housing company can require the unit to meet certain noise-level requirements.
• Protecting the structure: installation work must be done so the building's structures aren't damaged.

Setting conditions is only reasonable, though, if they're based on real, tangible downsides.

Nearly every housing company today has guidelines and requirements for installing an AC or heat pump in an apartment building, so situations where it can't be installed at all are very rare.

When can permission be refused?

A housing company can only refuse an installation permit if the AC or heat pump would cause unreasonable harm to the company or other shareholders. That kind of harm could mean, for example, significant noise or aesthetic changes that detract from the building's overall look. What counts as unreasonable harm always depends on the individual case, and the reasoning behind it needs to be clear.

In our experience, 95% of housing companies don't see the resulting downsides as a reason to block an installation.

Installing an AC or heat pump in practice

Before starting an installation, a shareholder needs to file a written notice with the housing company and wait for permission to be granted. Good communication with the housing company, and using a professional installer, both help avoid problems. It's also worth making sure the chosen unit meets all the requirements, such as low noise levels and energy-efficiency criteria.

Summary

The Supreme Court's ruling confirms shareholders' right to install an AC or heat pump in apartment buildings, but the installation process still requires cooperation with the housing company. The housing company can set conditions, but refusing permission is only possible if the downsides are unreasonable. Installing an AC or heat pump in an apartment building is possible, then, as long as the ground rules are clear to everyone involved.