Lawyer for noise pollution Munich

WHAT MUST BE TOLERATED AND WHAT NOT?

Construction noise, aircraft noise, children's noise, disturbance of the peace,...

WHAT ACTUALLY IS NOISE POLLUTION AND DISTURBANCE OF THE PEACE?

"...anyone who, without justified cause or to an unacceptable or, under the circumstances, avoidable extent, causes noise that is likely to cause a considerable nuisance to the general public or the neighbourhood or damage the health of another person." This is the sober legal definition of a noise nuisance or disturbance. Even a legal layman will immediately recognise that there is a lot of room for interpretation here. What is a legitimate cause? When is something avoidable and when is it not? When is noise likely to damage health? A personal sense of noise and, above all, a sense of justice can rarely help here. Either the authorities or a lawyer must decide.

HOW DO I DEFEND MYSELF AGAINST NOISE POLLUTION AND DISTURBANCE OF THE PEACE?

If you are affected by (or witness) a noise nuisance, there are typically 2 ways to deal with it. Firstly, you can contact the local or responsible authorities. This is usually the case with nuisances such as building sites or noise sources such as airports. In disputes with neighbours, on the other hand, civil action is taken relatively quickly via a lawyer. Injunctions are typically the method of choice here.

An important aspect of all methods of defence against noise nuisance is the preservation and presentation of evidence. In simple cases, this can be ensured by witnesses, audio or video recordings. Noise logs or noise reports come into play when it really comes to legal disputes. A lawyer specialising in noise nuisance and disturbance of the peace can advise you accordingly.

TYPICAL EXAMPLES OF NOISE POLLUTION

As already mentioned, noise is very individual. In legal practice, however, cases are often reduced to just a few categories. But the following also applies here: "noise nuisance" must first be confirmed as such. As always, unauthorised action is not advisable.

• Construction noise: Certainly the most common noise nuisance nowadays and not easy to tackle in practice, as there are often general interests in favour of construction. But here, too, the following applies: no-one needs to be exposed to such noise pollution for an unnecessarily long time or to an unnecessarily high level.
• Road noise/rail noise: Whereas in the past, the general interest was usually in the foreground (good transport links, fast train connections), nowadays the noise protection regulations are much stricter. If suitable noise protection concepts have not already been considered in advance, there is still a good chance that they will be implemented afterwards.
• Aircraft noise: As with road noise, there are now very good prospects for those affected by aircraft noise to take action or at least receive compensation (loss of property value, etc.).
• Children's noise and playgrounds: Children playing are inevitably not always quiet. Where the boundary lies between normal "children's noise" and noise nuisance that can no longer be tolerated has been interpreted very differently in practice.
• Disturbing the peace at night: Whether it's all-night parties or music that is too loud - when it comes to a good night's sleep, it's also a matter of consequential damage to health and reduced quality of life. You should not hesitate to take action against noise nuisance.
• Restaurants, bars and discos: Noise nuisance inevitably emanates from such commercial establishments. In practice, it therefore depends on how the operator counteracts this or not.
• Other typical practical examples: Dog barking and animal noises, church bells and muezzin calls, lawn mowing, sports facilities,...

RENT REDUCTION DUE TO NOISE NUISANCE?

This is no longer a rarity these days. The courts are now much quicker to accept a reduced quality of living and quality of life due to noise than in the past. Permanent rent reductions of 10-20% or even 100% rent reductions during certain extreme noise events have been confirmed by the courts. As always, however, it depends on the individual case and the extent to which the noise nuisance is harmful to health.