LOUD, LOUDER, MY NEIGHBOUR - NEIGHBOUR NOISE
Children shouting, lawnmowers, dogs barking and drums: The noise guide reveals what kind of neighbour noise you have to live with and which regulations guarantee you noise protection. It also tells you how to avoid going to court.
Have you ever been annoyed by noise from neighbours? There's a good chance you have, as the rules on noise are rather vague. For example, the Civil Code states that emissions onto another property are permitted as long as they do not lead to an "excessive impact on the neighbour's property".
THE BIG BANG ON THE BIRTHDAY
In summer, sociable barbecues and garden parties are very popular. However, such celebrations are not always welcome in the neighbourhood. According to the German Civil Code, homeowners do not have to observe any particular restrictions imposed by the legislator on their own property. However, tenants must adhere to stricter rules. As a landlord, for example, you have the right to dictate to your tenants when and whether they are allowed to barbecue in your garden. Inform your neighbours in advance. This signals that you are aware that you are causing unacceptable noise and that you are not simply indifferent to the house rules. Even better: invite the neighbours at the same time.
I HAVE CHILDREN WHO SOMETIMES MAKE NOISE IN THE FLAT
While the crying of a baby and a toddler are acceptable, the constant bouncing of children or roller skating in the home is considered unnecessary noise. Take care to avoid such noise.
Are children allowed to play musical instruments in the home?
Music is good for you. And making music is even better, according to many parents. But what about the neighbours? Learning to play a musical instrument is an enrichment for every child. Children are allowed to practise musical instruments such as the recorder and violin in the rented flat, even if not every note is perfect. Practice makes perfect. A landlord cannot prohibit music in the home, regardless of whether it is for children or adults.
THE NEW NEIGHBOUR WHO KEEPS MOVING FURNITURE AROUND
Living in a block of flats does not always run smoothly. In principle, all tenants have a duty to show consideration for everyone in the building and to abide by the house rules. Good coexistence also requires tolerance. Even in a ring-fenced property, people are allowed to move around normally. In most cases, children's noise must be tolerated. If the limits of what is acceptable are exceeded - such as listening to loud music late into the night - tenants can demand that the landlord take measures. A conversation with the neighbours is often enough. Look for a favourable moment. Explain in a calm manner what is bothering you. Agreements may be useful. For example, playing the piano on a Sunday, yes, but not before 10 am. Or barbecuing on the balcony no more than once a week.
NOTE: The placement of furniture during the day on working days between 7 am and 9 pm must be tolerated. However, if he constantly moves and pushes his furniture around the flat, you do not have to tolerate this.
If a conversation does not help, it is best to record in writing exactly what happened and when. The landlord can only act if he has the most concrete evidence possible about the disturbance. However, under no circumstances should false accusations be made. Write to the landlord and ask him as objectively as possible to ensure that the neighbours' disturbances stop. Disturbances above the acceptable level constitute a legal defect for which you can demand a reasonable rent reduction. If the landlord remains inactive, you should seek advice from the Tenants' Association (MV) on how to proceed.
Tip: Others keep a noise log and list everything at short notice with the time. You can also put a copy of the house rules in the letterbox and finally you can contact the property management yourself.
AT HOME AFTER SHIFT WORK. MY NEIGHBOUR COMPLAINS ABOUT THE DOOR NOISE
If you accidentally slam the door a little harder, that's fine. However, if you slam the door permanently, this falls into the "excessive noise" category.
THE NEIGHBOUR'S BARKING DOG
According to the Civil Code, pets are treated and judged as "neighbours". If a dog only barks when the doorbell rings, a judge is unlikely to regard this as an excessive nuisance in the event of a dispute. The situation is different if the dog barks for hours or regularly during the night. In this case, masters and mistresses are usually in a bad position and the dog may even be taken away. In most cases, courts try to find a compromise - for example, that the bird is only allowed to bark on the balcony at a certain time of day. More information and judgements on the subject of animals and noise can be found on the online portal noise.ch.
SHOWER OR USE THE TOILET AT NIGHT?
Neighbours must tolerate everything that is part of normal life - including going to the toilet at night or taking a shower at night, for example after sport or a shift at work. Bathing is a different matter: The Swiss Tenants' Association advises against this because running the bathtub in and out causes a considerable amount of noise and is not necessarily necessary at night.
OUTSIDE BARBECUING, THE NEIGHBOUR MOWS THE LAWN LOUDLY
It is worth talking to your neighbour about this. Lawn mowing on weekdays between 8 a.m. and 8 p.m. is considered tolerable noise - however, individual circumstances must be taken into account. You are not allowed to mow the lawn on Sundays.
MY NEIGHBOUR GIVES MUSIC LESSONS
Private music hours in the flat during the day are generally considered permissible noise. Unless otherwise stated in the house rules or the tenancy agreement.
OUR TIP: CONSIDERATION INSTEAD OF NOISE
However, the most important ingredients for peaceful coexistence are not found in any law book or regulations: tolerance and consideration. Although you have the right to alert the police in the event of a disturbance, you should generally only do so in the event of repeated noise nuisance. Misunderstandings can often be cleared up and compromise solutions found through friendly dialogue with the neighbours. Ultimately, this also saves you having to go to court - and therefore a lot of time, money and nerves.
