Can I take action against my neighbor who constantly makes noise?
July 3, 2023 | 40,00 EUR | answered by Simon Büchner
Dear lawyer,
I am contacting you because I urgently need legal advice. My neighbor has been causing constant noise for some time now, which is greatly affecting me. I feel that my quality of life is being compromised and I do not know how to address this issue.
The situation is as follows: My neighbor regularly conducts loud construction work on his house, even on weekends. Additionally, he often hosts loud parties late into the night. This results in me not being able to rest properly and my health being affected. Despite several complaints to my neighbor, the situation has not improved.
I am very concerned about my quality of life and wonder what legal options I have to address the noise from my neighbor. For example, can I obtain a restraining order to stop the noise? Or are there other legal steps I can take to protect my peace and health?
I would appreciate your support and thank you in advance for your help.
Sincerely,
Hanna Hohenwarter
Dear Mrs. Hohenwarter,
Thank you for your inquiry and your trust in my legal advice. I am sorry to hear that you are suffering so much from your neighbor's noise and that it is affecting your quality of life. Noise pollution from neighbors is a common problem and can indeed lead to health issues. In such cases, it is important to inform yourself about the legal options available for relief.
As an affected neighbor, you have the right to peace and physical integrity according to § 906 of the Civil Code (BGB). This means that your neighbor is obligated to ensure that you are not excessively disturbed by noise. If you have already tried to resolve the situation with your neighbor without success, there are various legal steps you can take.
One option would be to apply for an interim injunction at the competent court. This measure can be taken to temporarily stop the noise until the actual proceedings to resolve the situation are completed. However, to obtain an interim injunction, you must prove that the noise is significantly affecting your quality of life.
Furthermore, you could also consider filing a cease and desist action against your neighbor. This would legally establish that your neighbor is required to stop the disruptive behavior to ensure your peace. Claims for damages can also be made if the noise has actually caused you harm, such as medical or therapy costs due to health problems.
It is important that you seek advice from an experienced civil law attorney to clarify your legal options and effectively address the noise pollution. I am happy to provide you with detailed advice and support.
I hope that my explanations are helpful to you and contribute to restoring your peace and health soon. Please feel free to contact me for any further questions.
Best regards,
Simon Büchner
Attorney at Law
