Can I ask my neighbor to lower their noise level during specific hours?
October 25, 2022 | 50,00 EUR | answered by Nina König
Dear lawyer,
I am reaching out to you as I urgently need help regarding my neighborhood situation. My neighbor, Mr. Müller, has been causing a very high level of noise during certain hours of the day, especially in the evenings and on weekends. This is causing a lot of stress for me and my family, as we are unable to rest and our quality of life is being greatly affected.
Mr. Müller regularly performs loud garden work in his yard with chainsaws, lawnmowers, and other equipment that create a high level of noise. His parties and barbecue evenings often go on late into the night and cause unbearable noise disturbance. Despite multiple friendly requests from our side to reduce the noise level, Mr. Müller shows no sign of understanding and continues his behavior.
I am very concerned about my health and that of my family, as the ongoing noise level is leading to sleep problems, stress, and overall dissatisfaction. Therefore, I would like to know if I have the legal right to ask my neighbor to lower his noise level during certain hours and what legal steps I can take in this case.
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Benjamin Eder
Dear Mr. Eder,
Thank you for your inquiry regarding the noise disturbance caused by your neighbor Mr. Müller. Noise disturbance from neighbors can indeed be very burdensome and lead to significant reductions in quality of life. In Germany, neighborhood law regulates the handling of such conflicts, especially regarding noise pollution.
According to § 906 of the Civil Code (BGB), every property owner has the right to economically use their property. However, this also includes the obligation to consider neighboring properties and not cause excessive noise pollution. Noise emissions that go beyond the usual level and unreasonably bother neighbors may be considered impermissible interventions.
In your case, it seems that Mr. Müller is exceeding the reasonable limits with his loud gardening activities and parties. Since you have already unsuccessfully tried to persuade Mr. Müller to moderate his noise level in a friendly manner, you may now consider legal action. However, first and foremost, you should try to have another conversation with Mr. Müller and calmly and objectively communicate your complaints to him. Perhaps he is not aware of the disturbance and may show understanding after a clarifying conversation.
If an agreement on a voluntary basis is not possible, as a next step, you can address a written complaint to Mr. Müller and request him to reduce the noise level. If Mr. Müller continues to show no understanding, you may consider submitting an official complaint to the local regulatory authority. They can assess the noise level and, if necessary, take measures to end the disturbance.
In particularly persistent cases, you also have the option to file a lawsuit against Mr. Müller for unreasonable noise disturbance at the competent district court. However, you should make sure to gather sufficient evidence of the noise disturbance, such as noise logs or witness statements.
I hope this information helps you and that you find a solution to your problem with Mr. Müller. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Nina König
Attorney at Law
