Construction site noise

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Construction site noise (also: construction noise ) is noise that occurs at construction sites in connection with the removal and construction of structures such as B. Buildings , roads and industrial facilities arise.

The basis for noise immissions in Germany is the Federal Immission Control Act . This contains rules for systems that require and do not require approval, § 5 and § 22 BImSchG. Noise from construction sites does not fall within the scope of the TA Lärm, but the AVV Construction Noise, as expressly stated in Section 66 (2) BImSchG. These are to be operated in such a way that

  • harmful environmental effects that can be prevented according to the state of the art are prevented
  • Harmful environmental impacts that are unavoidable according to the state of the art must be kept to a minimum.

When there is a "harmful environmental impact" is derived from § 3 BImSchG. These are "immissions which, according to their type, extent or duration, are suitable to cause dangers, considerable disadvantages or considerable nuisance for the general public or the neighborhood." Protection against construction noise (noise immissions - AVV construction noise) of August 19, 1970, supplement to the Federal Gazette No. 160 of September 1, 1970 - must be exceeded. The guide values ​​are sorted according to building areas, similar to the TA Lärm. In general residential areas, the guideline is e.g. B. 55 decibels during the day (A). The AVV Baulärm also contains specifications for the measurement process and shows noise reduction measures (such as noise protection enclosures).

Claims against significant immissions, including noise, result from the civil law provisions of §§ 906, 1004 BGB for owners and § 862 BGB for owners (e.g. tenants). If the (construction) noise was not permissible or avoidable, significantly annoying or can damage health, there may be an administrative offense, Section 117 OWiG . If the noise is likely to endanger health, it can also be an environmental crime, § 325 a StGB .

Particularly noisy are z. B .:

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