Environmental or neighbourhood noise
When discussing noise complaints, it's important to distinguish between what's known as "environmental noise" and what's known as "neighbourhood noise". In a legal sense, environmental noise is understood to be noise that isn't generated by the landlord and isn't under their control. Neighbourhood noise, meanwhile, refers to all noise disturbances that result from living under one roof or in a residential complex, as well as all disturbances from the surrounding neighbourhood, such as a loud party next door.
What kind of noise is allowed - and what isn't?
Generally, there are some hard-and-fast rules about when noise is allowed to be made in your region. Designated 'quiet' times often fall on Sundays, in the evenings and around midday, meaning neighbours, builders and local businesses should make a concerted effort to keep noise to a minimum.
However, to keep the peace (quite literally), your landlord has probably put together another set of rules in the Hausordnung, which should guide you on what is and isn't permissible.
These might include restricting practicing music instruments to a few hours a day outside of quiet hours, bans on keeping loud pets such as dogs, guidance on the optimum volume to listen to music, and rules around hosting parties.
If you want to know specifically what the rules are in your apartment building, look up the designated quiet times in your state along with these house rules, which you should have been notified of when signing the contract.
READ ALSO: Renting in Germany: What you need to know about keeping pets
When does noise count as "excessive"?
All types of noise can naturally grate on the nerves, though as we've explained above, some types of noise are hard to deal with because they're deemed to be unavoidable. That includes things the aforementioned environmental noise, such as hoards of children screaming and chatting as they walk home from a nearby school, general traffic noise or planes flying overhead.
On the other hand, if a neighbour is having a noisy BBQ in their garden or another is playing music at all times of the day or night, those are often avoidable causes of noise and could be grounds for a complaint to your landlord or the authorities.
When it comes to children, a bit of noise is to be expected, but this doesn't mean that anything goes. Parents should never let children play in the stairwell and should try and ensure that noise levels don't get out of hand, especially during designated quiet times.
With local businesses such as bars and restaurants in the neighbourhood, things get a little bit more complicated. If you were aware of the presence of these business when you moved in, you probably won't have the right to complain - unless they breach the 'quiet period' rules. Another exception is if the business suddenly expands its capacity, moves tables onto the street, or extends its opening hours. For these unforeseen circumstances, you may be able to seek some form of compensation from the landlord.
Building work - though potentially unavoidable - can also be grounds for complaint, especially if the work is affecting your quality of life. Even if builders are only working within permissible hours, having endless drilling or hammering above and below you can definitely make your home a much less relaxing place to be. It's important to note once again that the noise doesn't have to be confined to your building. If work is being done in a neighbouring house or in the street and is also affecting your quality of life, it may be time to take action.
What can I do if it's too noisy?
If a neighbour is causing excessive noise, it could be that they're unaware how loud they are or that the noise from their flat is bleeding through to other homes in the building. In these cases, often a brief, friendly chat or a polite note left in their mailbox can clear things up.
If the noise is outside of the designated "quiet" times in your state and they refuse to keep the noise down, you are well within your rights to call the police. Generally, quiet periods last from around 10pm to 6am and all day on Sundays. In some states, you'll also have a midday quiet period of a few hours around lunchtime. But check in your rental contract because there could be slight differences.
For ongoing issues such as building work or excessive noise from neighbours, you could have grounds for a rent reduction. The amount of rent that's reduced will depend on how severe the issue is, but could be anywhere between five and 40 percent. To make a complaint about a neighbour that is regularly noisy, you may have to make what's known as a Mängelanzeige (a notice of defects or grievances). This is essentially a record of the times that you experienced excessive noise, details of who was responsible, and the dates and times of each incident.
If you're still not sure if you have a good case or if your landlord is being uncooperative, it could be a good idea to seek the advice of an expert at your local Mietverein (Tenants' Association). They may be able to advise you further on your case and give you an idea of how much of a rent reduction (if any) you would be eligible for.
READ ALSO: EXPLAINED: How to get a rent reduction for problems in your German flat
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