Table of contents
- Document disturbances
- Record noise pollution in writing
- Don't forget witnesses
- Use of measuring devices
- frequently asked Questions
Noise means stress for many people and can make you ill in the long run. Persistent noise does not have to be simply accepted. In order to prove a disturbance of the peace, it makes sense to keep a noise log. Here you will find a pattern as a PDF template for printing.
Document disturbances
Construction site noise, loud streets, party music from the neighbors or constantly barking dogs can quickly become a noise nuisance. However, one disturbance of the peace mostly a subjective feeling due to noise. What is normal noise for one person can be annoying for another. As a rule, 40 decibels during the day and 30 decibels at night are acceptable. In the event of disputes, however, the existing overall situation is always considered individually. It is therefore important to keep a so-called noise log in the event of disturbances to the peace, in order to have proof in hand in an emergency, for example
- if legal action is taken against the polluter
- for out-of-court dispute resolution or
- to enforce a rent reduction with the landlord
On the basis of a noise protocol, not only can a tenant enforce a rent reduction, but the landlord can also claim the resulting financial loss from the person who caused the noise. For this, however, the noise log must be kept precisely as evidence. In the following we will show you how to do this correctly.
Record noise pollution in writing
Simply claiming that you are the victim of noise pollution is not usually enough. It is therefore best to record recurring disturbances in writing in a noise log. This should contain the following detailed information:
- Type of noise (loud arguments, loud TV, dogs barking all the time, loud party music)
- exact date
- time, day or night
- duration of noise pollution
- Level/impact of noise
- frequency of occurrence
- cause of the disturbance
- any existing rest periods according to the house rules
You can also find the most important information in our sample noise report. You can easily download the associated PDF file by clicking on the download button below, then print it out and fill it out.
A notice:
According to a ruling by the Federal Court of Justice, since 1998, between 1 p.m. and 3 p.m. and between 10 p.m. and 6 a.m. as well as on public holidays and sundays, unless otherwise agreed in the rental agreement or house rules, rest periods (Az. V ZB 11 / 98).
Don't forget witnesses
Keep the log as detailed as possible over a period of at least two weeks. Don't forget to sign it by hand at the end of this period. Since you, as the person concerned, also have the burden of proof, you should consult witnesses who can confirm your statements. This can be family members who live in the household or – even better – neighbors who also feel bothered by the noise. It is important
- the full name
- address and
- handwritten signature of the witness
You can use the fully completed, signed and provided with all details noise protocol finally handed over to the public order office, the landlord or a lawyer, in order to hold those who caused the noise accountable to pull.
Tip:
In the event of noise pollution from the neighbors, you should seek clarification before contacting the landlord or lawyer. You could ask him into your apartment, for example, so that he can see the noise for himself. If there is no insight, it is time to keep a noise log.
Use of measuring devices
You can also use special measuring devices to measure the volume. These reliably measure the intensity of the noise. Alternatively, a so-called "BASS SYSTEM" can also be used. These sound storage record the volume. They cannot be manipulated and are therefore good evidence. Normal tape recorders or other data carriers, on the other hand, are not suitable evidence, since manipulation can easily take place here.
A notice:
In 2017, the Federal Court of Justice ruled that it is sufficient to specifically describe noise pollution (AZ. VIII ZR 1/16). However, it makes sense to collect a lot of information that can be easily understood.
frequently asked Questions
No, according to the Federal Court of Justice (BGH) it is not normally necessary to create a noise report. However, a noise disturbance must be proven in a legal dispute or in the case of a rent reduction. For this reason, it definitely makes sense to keep such a noise log. Because of this, in court Section 1004 (1) of the Federal Code (BGB) a claim for injunctive relief can be obtained against the neighbor.
Various noises are not considered noise pollution, although some people perceive them as such. These sounds simply have to be endured. These include, for example: dogs barking (maximum 30 minutes a day), babies crying, noise from day-care centers and playgrounds, street noise, Construction noise (during the day), two hours of house music a day, footstep noise with the exception of high heels, a maximum of 30 minutes at night Have a shower.
–
Mirko
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