Noise: Avoiding Conflicts

In general, there is an obligation to operate a facility (such as a commercial enterprise, machinery of any kind, construction sites, recreational facilities, combustion plants, and many others) in such a way that

• harmful environmental impacts that are avoidable according to the state of the art are prevented,
• harmful environmental impacts that are unavoidable according to the state of the art are kept to a minimum.

There are several important public law regulations for assessing harmful environmental impacts. The Office for Environmental Protection and Energy Issues reviews complaints based on these regulations. If a complaint is justified, remedial measures are initiated.

When Sounds Become Noise

Where many people live together in a confined space, different interests clash. Some enjoy social gatherings and music. Others use machines and equipment for their work, for example in commercial operations, for mowing the lawn, or for DIY projects. For them, the associated noise is usually not a problem. However, neighbors may be engaged in an activity at the same time that requires high concentration. Or they may want to enjoy some quiet time on the patio. Or they may need peace and quiet for a restful sleep. Therefore, these sounds are disruptive noise to them.

When such differing interests clash, conflicts can easily arise. To avoid these and in the interest of good neighborly relations, it is necessary to be considerate of one another and follow the rules. The legislature has established regulations for various situations. They help prevent and manage noise problems in the neighborhood. Below, the Office for Environmental Protection and Energy Issues provides information on the most important regulations.

Nighttime Quiet

In general, there is a greater need for quiet during the night from 10:00 p.m. to 6:00 a.m. Being able to sleep undisturbed is essential to life and is considered a precious right. This protection is particularly emphasized. Work and other activities carried out at night must take this into account.

Sundays and Holidays

On Sundays and public holidays, loud work that may disturb the peace and quiet of the holiday is generally prohibited. The basis for this is the Bavarian “Law on the Protection of Sundays and Public Holidays” (Public Holidays Act – FTG).

Operating Hours for Equipment and Machinery

Section 7 of the Equipment and Machinery Noise Protection Ordinance (32nd BImSchV) regulates the permissible operating hours for 57 different types of outdoor equipment and machinery, such as construction machinery, engines, garbage trucks, cleaning machines, garden equipment, and many others (see Annex to the 32nd BImSchV).

The time restrictions apply to operation in residential areas (pure, general, and special residential areas, small settlement areas) as well as on the grounds of hospitals and nursing homes. The aforementioned equipment and machinery may not be operated outdoors at all on Sundays and public holidays, and on weekdays between 8:00 PM and 7:00 AM.

Additional restrictions apply to leaf blowers, leaf collectors (vacuums), brush cutters, grass trimmers, and lawn edgers. They may only be operated in the above-mentioned areas between 9:00 a.m. and 1:00 p.m. and between 3:00 p.m. and 5:00 p.m. However, if these devices bear the EU Ecolabel (eco-flower), they may also be used continuously on weekdays between 7:00 a.m. and 8:00 p.m.

Noise from Businesses and Facilities

Noise can emanate from commercial and other businesses or facilities in a variety of ways, for example from ventilation and air conditioning systems, business-related vehicle traffic, other machinery and equipment, as well as from musical performances and human-generated behavioral noise at restaurants and nightclubs. The provisions of the Federal Immission Control Act (BImSchG) apply to these.

Noise emissions from facility-related sources are assessed according to the provisions of the Technical Instructions on Noise Protection (TA Lärm). These establish noise emission guidelines, graded according to the type of area. This means it is not possible to demand that no noise be generated. Noise emissions must be tolerated to a limited extent. Depending on the area category, different noise emission guideline values apply for day and night at a distance of 0.5 m from the open window of a room requiring protection (living rooms and bedrooms).

Construction Sites

When operating construction machinery in residential areas as well as on the grounds of hospitals and nursing homes, Section 7 of the Machine Noise Protection Ordinance (32nd BImSchV) must be observed.

The General Administrative Regulation on Protection against Construction Noise (AVwV Baulärm) applies to the assessment of construction noise. The immission guideline values specified therein correspond to those of the Technical Instructions on Noise (TA Lärm). For construction noise, the nighttime period begins at 8:00 p.m. and ends at 7:00 a.m.

Construction site noise is often very loud and disruptive. To protect residents, low-noise construction machinery that meets the latest noise control standards should be used. The “Blue Angel” label indicates low-noise construction machinery.

In some cases, it is very difficult to comply with the prescribed noise protection requirements on construction sites when construction work, due to the nature of the process, causes significant noise despite the use of modern, low-noise construction machinery. One solution, for example, is to limit daily operating hours. However, this results in the construction site remaining active for a longer period. Night work associated with noise emissions may only take place in exceptional cases when it is in the public interest. It must be reported to the noise control authority well in advance so that alternatives can still be evaluated.

Noise-Generating Engines

According to Section 12 of the Bavarian Environmental Protection Act and the Road Traffic Regulations, it is prohibited to allow noise-generating engines and motor vehicle engines to run unnecessarily. It is also not permitted to operate motorcycle engines in the immediate vicinity of other people’s homes or in the open countryside without necessity.

Household and garden work

In Erlangen, there are no further specific public law regulations regarding house and garden work beyond the provisions of the Equipment and Machinery Noise Protection Ordinance (32nd BImSchV) that serve to protect the neighborhood from noise (for example, during lunchtime). Protection beyond the provisions of the 32nd BImSchV therefore exists only under Section 117 of the Administrative Offenses Act (OWiG)—see “unacceptable noise.” Provisions under private law are also possible, such as those under Sections 906 and 1004 of the Civil Code (BGB), for example in residential complexes pursuant to house rules.

Sports Facilities

Noise caused by sports facilities is assessed in accordance with the Sports Facility Noise Protection Ordinance (18th BImSchV). This regulation also contains noise emission guideline values in § 2 for the assessment periods of day and night. In addition, it includes regulations for quiet hours; the noise immission guideline values are graded by area, as in the Technical Instructions on Noise (TA Lärm). The assessment periods differ on weekdays and on Sundays and public holidays. Higher noise immission guideline values are permitted for up to 18 “rare events” in order to ensure the possibility of use, for example, for league games with large crowds or other major sporting events. No acoustic assessment is conducted under the 18th BImSchV for school and university sports.

Playgrounds for Children and Youth

For children’s playgrounds and youth play facilities, such as soccer fields, skate parks, or streetball courts, the Bavarian Law on Noise Protection Requirements for Children’s and Youth Play Facilities (KJG) applies. This law regulates the permissibility of noise emissions from children’s and youth play facilities in the vicinity of residential areas. According to the KJG, noise from children is generally considered socially acceptable. Youth play facilities are assessed for noise levels in accordance with the Sports Facility Noise Protection Ordinance (18th BImSchV). However, the regulation regarding quiet hours does not apply here.

Recreational Noise

“Music is often not considered beautiful because it is always associated with noise.” This rhyme by Wilhelm Busch illustrates the problem with recreational noise very aptly. Recreational noise refers to noise caused by activities undertaken during leisure time. This includes, for example, open-air concerts, open-air cinemas, open-air theaters, folk festivals, street festivals, circus events, and others (noise caused by sports activities is not considered recreational noise). Noise protection must be taken into account at these events. In Bavaria, the acoustic assessment of recreational noise is conducted in accordance with the provisions of the Sports Facility Noise Protection Ordinance. The Recreational Noise Directive applies to the assessment of folk festivals.

Celebrating at private parties

Anyone joining in the fun at a party can tolerate a lot of noise. Those who aren’t there often have a problem with it. At private parties, consideration must be given to the greater need for quiet during nighttime hours. If you’re planning a large gathering, such as a barbecue or similar event, it’s recommended that you inform your neighbors. This allows them to prepare, and you can also ask for their understanding.

Unacceptable Noise

The general regulation for noise protection is the so-called “Disturbance of the Peace Regulation” under Section 117 of the Administrative Offenses Act (OWiG). According to this provision, it is an administrative offense “for anyone to cause noise without just cause or to an impermissible or, under the circumstances, avoidable extent, which is likely to significantly disturb the general public or the neighborhood or to harm the health of another person.” Not every noise-causing action immediately constitutes a disturbance of the peace. It always depends on the specific circumstances of the individual case. For example, noise disturbances that disrupt sleep during nighttime hours must be assessed much more critically than disturbances occurring during the day. If, in specific cases, it is necessary to assess noise emissions from an acoustic perspective in the event of a dispute, the emission guidelines of existing public-law regulations on noise protection are generally consulted as a reference, depending on the type of noise source.

Pets

Dogs and other pets, such as birds, must be kept in such a way that they do not bark unreasonably often or make noises typical of their species. Disputes must generally be resolved through private law. An exception applies if the disturbance of the peace is attributable to the keeping of animals in a manner not appropriate to their species.

Good neighborly relations mean quality of life

A conflict-free neighborhood is part of a good quality of life. It’s worth working to foster good relations. If there’s a noise disturbance, it helps to talk to each other. That way, the problem can be resolved amicably. It is best to carefully consider what you want to achieve and offer suggestions for solutions before talking to your neighbors. Experience shows, for example, that it is not effective to simply confront neighbors with blanket accusations. If you cannot avoid causing noise yourself, it is always a good idea to warn your neighbors in advance, for example, when doing renovation work, hosting a private party, or moving. There are cases where it is advisable to agree on times that are less disruptive for those affected, such as practicing the piano or drums. Or avoid hammering and drilling when the neighbors’ toddler is at bedtime.

Who can help with noise complaints? Who can advise on how to prevent noise?

If the person causing significant noise disturbances is unreasonable, it is justified to take action. Anyone who can no longer resolve their noise problem on their own can contact the Noise Control Authority at the Office for Environmental Protection and Energy Issues. When filing a complaint, it is very helpful to describe the noise as accurately as possible: continuous noise, highly variable, intermittent, recurring regularly or irregularly, how often and at what times it occurs, and whether it features distinctive tones (low or high). In some cases, it is helpful to keep a log of the noise’s timing over a period of several days or weeks.

The Office for Environmental Protection and Energy Issues advises businesses and citizens on how to prevent noise problems. It is generally much easier and more cost-effective to proactively incorporate noise protection into a project’s planning than to implement noise abatement measures retroactively once operations have already begun.

In urgent cases, the police can also be called regarding noise disturbances. It is also possible to file a complaint.

The Office for Environmental Protection and Energy Issues is not always the right point of contact for a noise problem. This is especially true in cases involving a dispute between private individuals. In such cases, the matter must be resolved through private legal channels. It is best to consult a lawyer for this. If necessary, contact the Nuremberg Bar Association (www.rak-nbg.de or Tel. 0911/926 33-0). It should also be noted that, in principle, it is possible to assert one’s claims under private law in all cases of noise disturbances.