How can I get my neighbor to plan his parties in a way that they do not disturb my night's rest?
May 18, 2022 | 50,00 EUR | answered by Nina König
Dear lawyer,
I am contacting you with a question regarding neighborhood law. For some time now, my neighbor has been hosting loud parties regularly, which significantly disturb my peace at night. These parties usually take place on weekends and go on until late at night. I am working and need my rest in order to recover and be productive the next day.
My neighbor's parties consist of loud music, loud conversations, and the noise of people partying in the garden. Despite multiple requests to reduce the volume or end the parties earlier, the situation remains the same. I feel helpless and stressed due to the regular disruptions of my night's rest.
I have already tried to have a calm conversation with my neighbor about the issue, but my request falls on deaf ears. I now want to take legal action against this noise disturbance, as I consider my night's rest an essential basic need. Are there any legal options to compel my neighbor to plan his parties in a way that no longer disturbs my peace at night?
I look forward to your professional advice and possible solutions in this matter.
Sincerely,
Babette Netz
Dear Mrs. Netz,
I fully understand how stressful the situation must be for you and can empathize with your desire for peace and relaxation. Noise pollution from neighbors can indeed be a common problem that needs to be addressed. In neighborhood law, there are various ways to address such disturbances.
Firstly, it is important to know that in Germany, the Federal Immission Control Act (BImSchG) as well as the noise protection regulations of the federal states apply, which regulate protection against noise. It is not allowed to disturb other people with noise beyond the usual extent. This is especially true during the night hours when night rest should be maintained.
If you have already unsuccessfully tried to talk to your neighbor and the situation has not improved, you can take legal steps. Firstly, you could submit an informal complaint to your local regulatory office. They will then assess whether the noise pollution exceeds the limit values and take appropriate measures.
Furthermore, you have the option to file an injunction against your neighbor. In this case, a court must decide whether your neighbor is obliged to reduce the volume of his parties or end them at certain times. It is advisable to consult a lawyer before filing a lawsuit, who can support you in this process.
You could also consider mediation. Here, a neutral mediator tries to find a solution between you and your neighbor that is acceptable to both parties.
In any case, I advise you not to remain passive and actively defend yourself against noise pollution. Your night rest is an important asset that should be protected. I am here to support you in this process.
Kind regards,
Nina König
Attorney specializing in neighborhood law
