Night-time peace and quiet: Fines may be imposed for disturbance

Have you ever been annoyed by noise at night? Noise at night is a frequent cause of disputes between neighbours. But public events can also severely disturb the peace. However, there are no generally valid regulations for the period of night-time quiet and for what is considered reasonable, confirms the Schleswig-Holstein Bar Association.

If those affected are significantly affected, this can result in fines and even a court case including liability for damages. As a general rule, loud noises are to be tolerated as long as they only affect neighbours insignificantly. A significant disturbance is also to be tolerated if the noise is customary in the locality and cannot be avoided by economically reasonable measures. What is considered customary in a locality is determined by the location of the flat or house in a pure residential area as opposed to a mixed area or in a comparison of urban and rural areas.

There are no general times during which it is mandatory to observe night rest. Regulations exist for individual areas, for example through state and federal law or municipal bylaws. The usual times are between 10 pm and 6 am. Quiet times can also be contractually regulated by the house rules in apartment buildings or in condominiums.

Televisions, stereos and other devices may only be operated at room volume during the nightly quiet hours. Since there is no legal definition for room volume, it depends on the individual case. A higher tolerance generally applies to children. There is no exception for party noise, as is often assumed. Disturbance by party noise is not permitted - not even "only once a month".

Loud operation of garage doors is to be refrained from. Barking and howling dogs can also be a significant nuisance. Sports facilities must observe the nightly quiet hours from 10 p.m. onwards. Municipalities may issue exemptions for individual events such as folk festivals or concerts that take place on only one day of the year and are of municipal significance.

(Photo: © Efraimstochter, Pixabay)