According to surveys by the Federal Environment Agency, around 60 percent of respondents feel annoyed by neighborhood noise. This includes too loud televisions, party noises, DIY work in the home and garden or the operation of equipment and vehicles. Numerous laws and standards are intended to protect against noise.
What is perceived as noise is individually very different. If children play loudly, it is basically not noise, but natural expressions of life, which must be accepted. Some strict rules apply to other types of noise. For example, lawn mowers, hedge trimmers, shredders, concrete mixers or chain saws must be turned off between 8 p.m. and 7 a.m. on all workdays. Cities and municipalities can also impose stricter rules.
The German Federal Immission Control Act is intended to protect people, animals and plants, the soil, water, the atmosphere, and cultural and other material assets from harmful effects on the environment. However, there are no federally applicable regulations on quiet times. The individual federal states regulate noise protection with their own immission control laws.
Noise pollution is an administrative offense and can be sanctioned with a fine of up to 5,000 euros. Section 117 OWiG Unacceptable Noise states: "An administrative offense is committed by anyone who, without just cause or to an avoidable extent, creates noise that is likely to cause considerable annoyance to the general public.
Noise should be prevented as far as possible before it occurs. This is most likely to succeed if noise protection begins with new construction. Based on the Model Administrative Regulation on Technical Building Regulations (MVV TB), DIN 4109 regulates minimum requirements for noise protection in building construction. It was last updated on January 19, 2021. The proof of the minimum requirements refers in the case of dispute to the time of the building permission.
According to current iurisdiction of the Federal High Court owners and tenants can always sue only the noise protection, which was obligatory in the year of construction of the house (BGH, Az. V ZR 173/19). However, neighbors are generally obliged to mutual consideration.
Notes
Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts in your specific individual case clarified by a lawyer and/or tax advisor.
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