Germany

Neighbor Disputes

Noise, boundaries, trees, construction disputes between neighbors

18 questions

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Noise

(6)
What can I do about excessive noise from my neighbor?
You can demand the neighbor stop the noise (under BGB § 1004), but you must tolerate customary noise unless it materially impairs your property use — and you may claim monetary compensation if tolerated noise exceeds reasonable limits.
When is noise from neighbors considered legally excessive?
Noise from neighbors is legally excessive in Germany when it significantly impairs your property use beyond what is normal for the area—and exceeds statutory or administrative limits (e.g., 35–40 dB at night).
Do I have to tolerate construction noise from a neighboring property?
Yes — but only if the noise is minor, temporary, and complies with legal limits; otherwise, you can demand reduction or compensation.
What are the rules about barbecuing and smoke affecting neighbors?
Yes, but only if the smoke is minor and customary for your area. Persistent or heavy barbecue smoke that significantly disrupts your neighbor’s use of their property may be unlawful under § 906 BGB.
What is the legal standard for tolerable interference (§ 906 BGB)?
Under § 906 BGB, property owners must tolerate neighbor-caused interference (e.g., noise, smoke, vibrations) if it only insignificantly impairs use of their land — typically when legal limits or local customs are not exceeded.
Can I claim compensation if tolerated interference damages my property?
Yes, if you must legally tolerate interference (e.g., noise, smoke, vibrations) that exceeds the reasonable threshold for your property use, you may claim monetary compensation under BGB § 906(2).