House rest
As home resting freedom from interference and the integration of peace need the true inhabitants of a house .
Legal situation in Germany
According to a decision by the BGH ( BGH V ZB 11/98)
- during the times from 1 p.m. to 3 p.m. as a midday rest ,
- from 10:00 p.m. to 7:00 a.m. as a night's rest
- on Sundays and Holidays
to be observed.
However, the statutory regulation for the midday rest has been repealed in Germany . For cities and municipalities, there may still be local regulations in individual cases. According to the Noise Protection Ordinance from the Federal Immission Control Act (BImSchG), there is a legally regulated night, Sunday and holiday rest.
Barking dogs during rest periods are a burden according to § 1004 BGB, the Higher Regional Court Brandenburg put a ban for the period from 10:00 p.m. to 7:00 a.m. ( Higher Regional Court Brandenburg , judgment of January 11, 2007, AZ 5 U 152/05).
When playing the piano, it is necessary to keep quiet every day from 10:00 p.m. to 7:00 a.m. ( Regional Court Frankfurt am Main , judgment of October 12, 1989, AZ 2/25 O 359/89).
According to BGB § 862, Paragraph 1, Sentence 2, the tenant can demand that his neighbors hold loud groans at room volume during sexual intercourse ( District Court Warendorf , judgment of August 19, 1997, Az .: 5 C 414/97).
In the case of occasional celebrations, the proportionality of the noise must be maintained ( Düsseldorf Higher Regional Court , judgment of January 15, 1990, AZ 5 Ss (OWi) 475/89).
