Reconstruction of the neighboring apartment will wake you daily before the alarm clock? Find out what your rights are and how to effectively defend against excessive noise – also as recommended by lawyers from Ficek & Partners.
What does the law say? A legal view from Ficek & Partners
According to The provisions of § 127 para. 1 of the Civil Codewhich in its legal opinion states the law firm Ficek & Partners. The following applies:
“The owner of the thing must refrain from everything that would harass another or seriously threatened the exercise of his rights. Therefore, in particular, he must not jeopardize the neighbor’s building or land by modifying the land or by adjusting the building on it without taking sufficient measures to fix the building or land; The odors, solid and liquid waste, light, shading and vibration, must not let the bred animals enter the neighboring land and, or in an unsuitable time of the year, remove the roots of the tree or remove the tree branches extending to its land. ”
So you have the rightto make you a neighbor did not bother over peace appropriate to the local ratio. As stated by Ficek & Partners, a neighbor is recommended first In writing to invite to eliminate harassment.
If it doesn’t help, you can turn to a municipality that can order preliminary protection according to § 5 of the Civil Code:
“If there has been an obvious intervention to a quiet state, protection in the municipality may be claimed. The municipality may pre -disable or impose a preliminary intervention to restore the previous situation.
If the situation is not resolved
If the situation is not resolved, You have the right to bring a lawsuit against court. In this case, it is important record the evidence of noise; You can use for example noise records or testimony. You can also announce the situation municipal or municipal policeespecially if there are disturbing the night’s rest. Such action may result in sanctions in offense.
Theoretically these provisions could be a reason for the summoning of the police or the municipal policeIf the neighbor’s reconstruction cancels your peace and prevents you from functioning. However, it is by no means so easy because, as always, “The devil is in the details”.
Drill and renovate your neighbor from six o’clock in the morning? Here’s how you can do what you can do
The law says that Each owner of an apartment in an apartment house can carry out cleaning and reconstruction workunless it happens in unusual hours or during holidays. Work is usually carried out Monday to Saturday between 6.00 and 22.00.but every team or community of owners can to determine your own rules for night peace.
Most renovation work causes considerable noise. He is reinforced with the construction of apartment buildingswhich means that drilling, demolition or chopping It can be heard in other apartments – sometimes even a few floors higher. That is Especially tiring for seniors, mothers with small children or people working from home.
However, we must realize that if the work is carried out during the day and working days, The chance of police intervention is practically zero.
What does the law on excessive noise say?
In exceptional situations can help again Civil Codewhich solves the so -called. immission – Thus, interventions in your dwelling from another apartment. The owner should refrain from the activities that interfere with the use of neighboring real estate beyond peace resulting from local and social conditions.
Sometimes a simple solution will help
Try to confront or call the police before you start a neighbor a conciliatory approach. You can invite him to yourself to get listened to the noise And he understood how much he was bothering you. In many cases it can be agreed that The noisiest work will take place in specific hours And not throughout the day.
What should not be done during renovation?
Renovating neighbor may not use common areas as a warehouse. In the corridors and staircases must not leave furniture, building material, waste or paint, solvents or pressure containers.
If any of the tenants reports this situation and documents a violation (eg by photograph). Can a renovating neighbor threaten a fine for the violation of the house order.
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