Technical instructions for protection against noise

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Basic data
Title: Sixth general administrative regulation for the
Federal Immission Control Act
Short title: Technical instructions for
protection against noise
Abbreviation: TA noise
Type: General administrative regulation
Scope: Federal Republic of Germany
Issued on the basis of: Section 48 BImSchG
Legal matter: Environmental law
Original version from: July 16, 1968
(Supplement to Federal Gazette
No. 137 of July 26, 1968)
Entry into force on: August 9, 1968
Last revision from: August 26, 1998
( GMBl. P. 503)
Entry into force of the
new version on:
November 1, 1998
Last change by: June 1, 2017 ( BAnz AT 06/08/2017 B5 )
Effective date of the
last change:
June 9, 2017
Please note the note on the applicable legal version.

The Technical Instructions for Protection against Noise , TA Lärm for short , is a general administrative regulation in the Federal Republic of Germany, which serves to protect the general public and the neighborhood from harmful environmental effects caused by noise. The TA Lärm is important for licensing procedures for commercial and industrial plants as well as for the subsequent arrangement of existing plants that require licensing. It does not apply to road traffic noise , rail traffic noise , aircraft noise or sports noise, agricultural facilities that do not require a permit, opencast mines, seaport transshipment facilities, facilities for social purposes and construction sites.

Legal

The TA Lärm was issued as the sixth general administrative regulation for the Federal Immission Control Act (BImSchG) and has its legal basis in § 48 BImSchG.

The competent authority under state law can order that the operator of a facility that requires or does not require a permit, insofar as Section 22 BImSchG applies, the type and extent of the emissions from the facility as well as the immissions in the area affected by the facility by a body notified under Land law or Have an expert determine if it is to be feared that the system will cause harmful environmental effects ( Section 26 BImSchG). The notified bodies and experts can be active throughout Germany ( § 29b BImSchG)

Relevant immission location

The relevant location of the immission is the measuring point at which the noise caused by a system is assessed. This can e.g. B. be the house closest to a commercial enterprise and there the window most affected by the noise can be decisive. The area affected by a system is the area in which the assessment level is less than 10 dB below the applicable immission guide value (see below).

The relevant immission location is:

  1. For built-up areas, 0.5 m outside the center of the open window of the room in need of protection that is most affected by the noise (e.g. bedroom window);
  2. in the case of undeveloped areas or developed areas that do not contain any buildings with rooms in need of protection, on the most severely affected edge of the area, where buildings with rooms in need of protection may be constructed according to building and planning law;
  3. in the case of rooms in need of protection that are structurally connected to the system to be assessed, in the case of structure-borne noise transmission as well as the impact of low-frequency noises in the most heavily affected room in need of protection.

The measurements of the noise exposure (in built-up areas) in front of the open window mean that so-called passive noise protection measures (e.g. soundproof windows at the relevant immission location) are not permitted as noise reduction measures in the case of commercial noise. A commercial enterprise cannot solve its noise problem by paying the nearest resident for new windows. This option for passive noise protection, on the other hand, exists if the neighbor of a noisy commercial enterprise has a window permanently closed - for example because the commercial enterprise pays the neighbor for technical living space ventilation and, if necessary, air conditioning - and thus a significant immission location is omitted.

Immission guide values

The immission guide values ​​(IRW) to be complied with are graded according to the protection requirements of the neighborhood. The right to protection of an immission location arises e.g. B. by designations in a development plan or land use plan .

The immission guide values ​​for the assessment level for immission locations outside of buildings are:

Digit TA noise Expulsion Emission guide value during the day (6:00 a.m. to 10:00 p.m.) Immission guide value at night (10:00 p.m. to 6:00 a.m.)
6.1 a industrial area 70  dB (A) 70 dB (A)
6.1 b industrial Estate 65 dB (A) 50 dB (A)
6.1 c Urban area 63 dB (A) 45 dB (A)
6.1 d Core , village and mixed area 60 dB (A) 45 dB (A)
6.1 e General residential area 55 dB (A) 40 dB (A)
6.1 f Purely residential area 50 dB (A) 35 dB (A)
6.1 g Spa area , hospital and nursing home 45 dB (A) 35 dB (A)

Individual short-term noise peaks must not exceed the immission guide values ​​by more than 30 dB during the day and by no more than 20 dB at night. In mixed situations , the immission guide value applicable for the residential areas can be increased to a suitable intermediate value of the values ​​applicable for the adjacent area categories.

In the case of noise transmission within buildings (if the system to be assessed and the relevant immission location are structurally connected), the immission guide values ​​for the assessment level for non-operational rooms requiring protection are independent of the area classification of the building:

  • daytime 35 dB (A)
  • at night 25 dB (A)

Individual short-term noise peaks must not exceed these immission guide values (noise transmission within buildings) by more than 10 dB A.

It should be noted that the specified guideline values ​​apply to the immission location and not to the system, ie the respective immission guideline value must be complied with at an immission location (e.g. residential building) by all the systems involved. If necessary, noise quotas must therefore be allocated for several systems that affect one immission location. This also means that in the case of a new planning of a system with a relevant additional immission exposure IZ (IZ> IRW - 6 dB (A)), it is necessary to determine the immission pre-exposure (IV) of the relevant immission locations due to noise emissions from existing systems. This is the only way to correctly determine the noise quota still available for the newly planned system. In practice, this pre-load is sometimes only carried out at potentially conflict-prone locations due to the effort required.

Under point 3.2.1, the TA Lärm stipulates that a newly planned system can also be approved if the immission guide values ​​at an immission location have already been exceeded, namely when the additional noise contribution of the newly planned system is not relevant for the overall exposure. According to TA Lärm, this is usually the case if the noise contribution of the newly planned system exceeds the above. Below immission guide values by at least 6 dB A. In practice, authorities often require this level of 6 dB (A) to be below this level for newly approved systems if an immission location is clearly preloaded, but the level of this preload is unknown and an exact determination of the preload (e.g. through measurements) would be too time-consuming or not possible (e.g. due to constantly prevailing extraneous noises from road traffic). In the case of specifications from development plans for immission-effective area-related sound power levels (IFSP), a possible previous load is determined in the planning, which in individual cases can significantly exceed the actual previous load.

Rare events

The TA Lärm stipulates provisions for so-called "rare events" under Section 7.2, these are foreseeable peculiarities in the operation of a system where it is not possible to adhere to the immission guide values despite compliance with the state of the art . However, the immission guide values ​​must not be exceeded on more than 10 days or nights in a calendar year and on no more than 2 consecutive weekends.

For rare events, the immission guide values ​​in the areas mentioned under 6.1 b to 6.1 g apply

  • daytime 70 dB (A)
  • at night 55 dB (A).

These immission guide values ​​may be due to individual, short noise peaks:

  • in commercial areas by a maximum of 25 dB (daytime) or 15 dB (night)
  • in the above Areas 6.1 c to 6.1 g by a maximum of 20 dB (daytime) or 10 dB (night)

be crossed, be exceeded, be passed.

Rating level

The so-called assessment level (Lr) is determined and compared with the immission guide values. This is not identical to the sound pressure level determined by means of a sound level meter. The assessment level is based on DIN 45645-1, taking the following aspects into account:

  • Effective running time of the system within the assessment period
  • meteorological correction
  • Surcharge for information content of the system noise
  • Surcharge for tonality of the system noise
  • Surcharge for impulsiveness
  • Surcharge for times of day with increased sensitivity ("rest time surcharge", see following section)

Assessment periods

The TA Lärm provides for the following assessment periods:

  • "Daytime" (6:00 a.m. to 10:00 p.m.)
  • "At night" (10:00 pm to 6:00 am)

For the following times in areas according to letters 6.1 e to 6.1 g (deviating from the legal text of the TA Lärm, as editorial errors were changed by a letter from the BMUB), the increased interference effect of noises due to a surcharge of 6 dB (so-called . "Rest period surcharge") to be considered:

  1. on working days 6:00 a.m. to 7:00 a.m., 8:00 p.m. to 10:00 p.m.
  2. on Sundays and public holidays 6:00 a.m. to 9:00 a.m., 1:00 p.m. to 3:00 p.m., 8:00 p.m. to 10:00 p.m.

In the “days” assessment period, an assessment level of 16 hours is formed. This means that the average is taken over 16 hours, even if the system to be assessed generates less than 16 hours of noise.

In the assessment period “at night”, on the other hand, only the full hour with the highest assessment level, the so-called “loudest hour”, is considered. So it is only averaged over an hour.

The night time can be postponed or brought forward up to an hour if this is necessary due to special local or mandatory operational conditions.

Measurement reduction

The noise exposure is determined based on the measured noise rating level. However, in the case of (officially ordered) monitoring measurements, 3 dB are deducted from this noise assessment level (by the competent authority) ("measurement discount"). The measurement reduction goes back to the TA Lärm of 1968 and should compensate for the measurement uncertainty. When the TA Lärm was last amended in 1998, this value was adopted unchanged.

See also

literature

  • Gerhard Feldhaus, Klaus Tegeder: Confusion about the measurement discount of the "TA Lärm" . In: Environment and Planning Law (UPR). Jehle journal for science and practice . Vol. 25, H. 6, 2005, ISSN  0721-7390 , pp. 208-212.
  • Jarass: Federal Immission Control Act. Commentary taking into account the Federal Immission Control Regulations, the TA Luft and the TA Lärm , 9th edition 2012, Verlag CH Beck, ISBN 978-3-406-63097-2

Web links

Individual evidence

  1. BVerwG, decision of September 12, 2007 - 7 B July 24
  2. Correction of editorial errors in the implementation of the technical instructions for protection against noise (TA Lärm announcement BMUB of 7 July 2017, file number: IG I 7 - 501-1 / 2)