July 18, 2023, 3:23 am | Read time: 6 minutes
Quiet hours are not uniformly regulated nationwide, but they still apply throughout Germany. If you don’t want to get on your neighbors’ bad side, you should adhere to them.
Loud music from the apartment next door, construction noise, a beginner’s practice session on a musical instrument–all of this can strain the nerves of residents in multi-family homes. But even in your own house in the countryside, you’re not immune to unpleasant noises, such as when the neighbor mows the lawn or starts up the circular saw. Fortunately, there are legally established quiet hours during which you can recover from neighborhood noise.
What Quiet Hours Are There?
“In general, on weekdays, meaning Monday to Saturday, quiet hours are from 10 p.m. to 6 a.m.,” says attorney Thomas Pliester from the German Bar Association’s Working Group on Tenancy and Real Estate (DAV). “On Sundays and public holidays, quiet should be maintained all day.” During these times, drilling, hammering, mowing the lawn, or loud partying is not allowed.
Many house rules also include a midday break from 1 p.m. to 3 p.m. However, this is not legally binding. “Neither at the federal level nor in the noise protection laws of the individual states is a statutory midday rest prescribed,” says the attorney.
If quiet hours are included in the house rules, they also apply. “The landlord has the duty to ensure that all tenants adhere to them,” says Rolf Bosse, chairman of the Hamburg Tenants’ Association. He cannot simply stay out of it with the attitude: “You have to sort it out among yourselves.”
Overview of Quiet Hours for All Federal States
- Baden-Württemberg:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 1 p.m. to 3 p.m. and 10 p.m. to 6 a.m.
- Bavaria:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 1 p.m. to 3 p.m. and 10 p.m. to 6 a.m.
- Berlin:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Brandenburg:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Bremen:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Hamburg:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Hesse:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Mecklenburg-Vorpommern:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 10 p.m. to 6 a.m. (continuous quiet hours)
- Lower Saxony:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- North Rhine-Westphalia:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Rhineland-Palatinate:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Saarland:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Saxony:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 12 a.m. to 12 a.m. (continuous quiet hours)
- Saxony-Anhalt:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 10 p.m. to 6 a.m. (continuous quiet hours)
- Schleswig-Holstein:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 10 p.m. to 6 a.m. (continuous quiet hours)
- Thuringia:
- Weekdays: 10 p.m. to 6 a.m.
- Sundays and holidays: 10 p.m. to 6 a.m. (continuous quiet hours)
Related: Noise Disturbance from Neighbors? Here’s What the Lawyer Recommends
Where Are There Stricter Rules?
The regulations on quiet hours can vary in different federal states and municipalities. In Hamburg, for example, they apply on weekdays from 8 p.m. to 7 a.m. and all day on Sundays and public holidays. The Hamburg Noise Protection Act prohibits work during quiet hours that uses tools or equipment that significantly disturb uninvolved persons with noise. However, it is disputed whether the midday rest, usually specified in rental agreements or house rules in Hamburg from 1 p.m. to 3 p.m., must also be observed.
The Hamburg Tenants’ Association believes that the quiet time must be observed if landlords or tenants themselves are working. However, if craftsmen are working, such a long break usually cannot be claimed.
Unpleasant noises from the neighborhood should not be a major problem if all residents adhered to an important principle in tenancy law: room volume. The noises in the apartment should only be loud enough that they do not escape the apartment. This way, no neighbor would be disturbed. But in reality, things often look different.
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What to Do About Noise Disturbance?
Residents complain about footsteps from the apartment above, listen to their neighbors’ arguments, or can’t sleep because there’s a party next door. Or a loud slamming of an apartment door wakes them up early in the morning. “If you feel disturbed by neighbors, you should talk to them. Sometimes they are not even aware of the noise they are causing and will stop,” says Rolf Bosse, chairman of the Hamburg Tenants’ Association.
If the disturber is uncooperative, you can inform the landlord so that they can take action against the noise disturbance. Because noise disturbance is a defect in the rental property that the landlord must rectify. “You should only approach the landlord after you have unsuccessfully tried to get the disturber to comply with the house rules through friendly and factual communication or a corresponding letter,” advises Rolf Bosse.
A simple complaint to the landlord is not enough for them to take action. “They need evidence that there is indeed a noise disturbance and who is causing it,” says Rolf Bosse. He advises those affected to keep a log of the disturbances.
The log should show when, for how long, and what type of disturbance occurred. “Witnesses are important. These can also be family members, even if they live in the apartment,” says Rolf Bosse. “If you live alone, you can bring in visitors or neighbors.”
What Noise Levels Must Be Accepted?
Not only noises from the neighborhood but also noise from the surroundings of the apartment can be a problem. However, there is not much you can do about it. “Noise from nearby businesses or a pub must be tolerated by residents if these businesses were already there when they moved in or it was foreseeable that they would settle there,” says Thomas Pliester.
Even a disused railway line could be reactivated. You have to expect that. Residents are powerless against the associated noises. “Of course, all noise protection regulations must be complied with by the respective operators.”
In general, you can expect a higher noise level in a mixed area of residential and commercial properties than in a purely residential area. In a village in the countryside, there is also not always heavenly peace. Here, you have to expect noises caused by animals, tractors, or combine harvesters. “Anyone moving there must come to terms with it,” says Thomas Pliester.
with material from dpa