How can I prevent my neighbor from playing his music so loudly that it disturbs my peace?
September 28, 2022 | 50,00 EUR | answered by Oliver Ratzberg
Dear lawyer,
I am contacting you because I am having problems with my neighbor who listens to his music so loudly that it disturbs my peace. My neighbor is a young man who seems to enjoy listening to loud music, especially in the evening hours. The music is so loud that I can even hear it in my apartment, and it disturbs me while relaxing or working. I have tried to talk to my neighbor about this issue several times, but he does not seem to be understanding and continues his behavior.
I am concerned that this noise pollution could have long-term effects on my health and that my neighbor continues to disregard my needs. I would like to know what legal steps I can take to stop the noise pollution caused by my neighbor. Are there ways in which I can enforce my right to peace and relaxation in my own apartment?
I would appreciate it if you could provide me with advice and possible solutions on how to handle this situation. Thank you in advance for your support.
Sincerely,
Erwin Wittik
Dear Mr. Wittik,
Thank you for your message and for trusting in my expertise in the field of neighborhood law. I am sorry to hear that you are suffering from noise pollution from your neighbor and have already tried to solve the problem in a friendly manner, but without success.
In such cases, there are various legal steps you can take to stop the noise pollution from your neighbor and enforce your right to peace and relaxation in your own apartment. First of all, I recommend keeping a noise log, in which you note when and for how long your neighbor's music is audible and how severe the noise pollution is for you. This can serve as evidence if legal action is necessary.
In Germany, there is the Federal Immission Control Act (BImSchG), which regulates noise protection. According to § 22 BImSchG, it is forbidden to cause noise that is likely to significantly disturb the peace in the surrounding area. If your neighbor violates this provision, you have the right to contact the local regulatory office and file a noise pollution complaint. The regulatory office can then take measures to stop the noise pollution.
Furthermore, you also have the option to file a cease and desist action against your neighbor, forcing them to stop the noise pollution through legal means. It is advisable to seek advice from a lawyer to maximize your chances of success.
Additionally, you can also try to reach an out-of-court agreement with your neighbor, for example by entering into a noise protection agreement. If this is not possible, the above-mentioned legal steps are available to you.
I hope this information helps you and that you find a solution to your problem with your neighbor. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Oliver Ratzberg, Attorney
