Trouble with neighbors? How much noise children can make

by Eva Dorothée SchmidPublished July 18, 2017Updated March 26, 2019

Children can be very loud – and it is not uncommon for neighbors to complain about the noise that the little ones make. Some parents then fear that the landlord could quit them because of the noise from their children. But jurisdiction is very parent and child-friendly when it comes to child noise. So you don’t have to worry much if your kids make noise.

All parents should know that child noise in the legal sense is not noise at all. Has been in Section 22 (1a) of the Federal Immission Control Act since 2011. You can tell that to nagging neighbors. Literally it says in the said Federal Immission Control Act:

“Noise effects caused by children’s daycare facilities, children’s playgrounds and similar facilities such as ball playgrounds are generally not harmful to the environment. When assessing the effects of noise, immission limit and guideline values ​​must not be used. "

Specifically, this means that children can live out and at any volume. There is no decibel limit for them. And you can’t just go to a children’s playground in the neighborhood because you feel disturbed by the noise.

Child-friendly jurisdiction

And so the jurisprudence for children’s noise in the private sector also assumes that the background noise associated with the child’s urge to play, act and move must be accepted as socially adequate. The reason given is that a child-friendly environment is in the general interest. The judgments of the courts have tended to become more and more child-friendly in recent years.

This applies especially to small children and infants. If a baby cries at night because it cannot fall asleep or sleep through, it is age-appropriate behavior. Neighbors have to accept something like this – after all, parents can often hardly do anything about it themselves. Noise emanating from adolescents from the age of 14 or from young adolescents is not per se socially appropriate and it does not have to be accepted as much by neighbors and roommates as by small children.

Here are some relevant judgments for families who have trouble with their neighbors:

• Laughing, crying, and writing toddlers must be tolerated by house residents as the children’s natural behavior – even at night. The Bergisch Gladbach district court had already decided that in 1982 (26 C 14/82, WM 83, 236). The Hamburg District Court ruled similarly in 2008: Even a baby’s intense, constant crying – even at night – does not constitute a lack of rent. The parents could do little to change the baby’s crying and crying (409 C 285/08).
• And for parents with early risers: The Munich Regional Court ruled in 2005 that it "should be regarded as socially adequate and in line with the usual that children aged one and a half or two also make noise in the morning" (31 S 20796/04).
• Neighbors have to accept the unrest in the house that arises as a result of children’s normal play and movement instinct – this was the judgment of the Kassel district court in 2009 (872 C 855/91, WM 91, 558). The Neuss district court also pointed out that an extended tolerance limit is appropriate for child noise, because a multi-family house is not a monastery, children cannot be chained like young dogs. (36 C 232/88, WM 88, 264). And the district court in Trier ruled that the residents of a larger apartment building have to accept noise such as screaming from children, trampling on children or occasional dropping of objects (5 C 194/00 WM 2001, 237).
• Children’s rest periods are limited. A couple who live in an apartment building below a newly moved-in family with children cannot require that the children have to be silent at the push of a button during the rest periods. A noise report, which shows that the children "made noise" even during the rest periods, could not lead to the family receiving a warning and later a termination of the rental contract. In any case, this applies if the log also shows that the parents tried to get the children to rest. The district court of Hamburg-Harburg ruled (641 C 262/09)
• Child noise is not a reason for dismissal. If a landlord feels disturbed by child noise and quits the tenants concerned, he will not get away with it. It is irrelevant whether the child’s noise occurs in “allowed” or forbidden places, such as in the garage courtyard – that was decided by the regional court in Wuppertal in 2008 (16 S 25/08).

What noise goes too far

But don’t overdo it, because there are limits. Neighbors do not have to tolerate and accept everything. For example, the local court in Celle (11 C 1768/01 (5)) ruled that driving with roller skates in the apartment should not be tolerated by tenants. In addition, the Saarland Higher Regional Court ruled that the disturbances associated with playing tennis within an apartment do not have to be tolerated (W 82/96 – 20, 5 W 82/96). Children who play tennis in the apartment behave atypically and such behavior is generally not to be expected – that is why it is not subject to the tolerance of the typical children’s noise, according to the court.

In addition, it should also be noted that the children are not allowed to use all of the community facilities in a residential building and make noise there. For example, residents do not have to accept hitting sticks against the iron bars on the banister or against the iron bars on the balcony. Children are also not allowed to ride bicycles or roller skate in basements or stairwells.

There are also a number of things to consider when it comes to rest. Contrary to the widespread assumption, there is no longer a nationally prescribed midday rest in Germany. At the municipal level, especially in health resorts, a lunch break may still be prescribed. Under civil law, a lunch break can be regulated, for example, in the house rules for rental and condominiums. In general, however, there is a night’s rest on Sundays between 10 p.m. and 6 a.m. or 7 a.m..

If children trample and maybe even move furniture during the rest periods, then the limit of what the judges consider socially appropriate can be reached. Roommates do not have to accept such noise. The parents have to make sure that the children do not make any noise during the rest periods – this was decided by the regional court in Cologne (6 S 403/07). Because they are obliged to encourage their children to behave considerately, also judged the district court Berline (68 S 41/16). If the noise caused by the natural urge to play and move exceeds the normal level in terms of intensity and duration, it too becomes unreasonable, says the Hanover Regional Court (19 S 88/14).

Even though the courts usually decide to be family-friendly, a little consideration may not hurt – most parents probably wouldn’t have found it so funny earlier if they had been woken up by child noise early in the morning after a long night of partying. You should also be aware of what things are fun for children, but also cause a lot of noise. This includes driving a bobby car in the apartment (there are whisper tires!), Hitting pots with wooden spoons, hitting the floor with wooden blocks, running and jumping through the apartment, jumping rope or jumping off the bed, table or cabinet. Even a loudly turned up CD player with children’s music can be quite annoying or if the children play with hard balls – soft balls are a good alternative here. A thick carpet in the children’s room and a curtain in front of the window can also swallow some noise.

If the child often suffers from night terrors, then it is certainly sensible to explain this phenomenon to the neighbors. This is a lot better than if you think you just let your child scream at night. And if things were particularly loud – because perhaps there were several children visiting – then a small apology will certainly have a good effect on the neighborhood climate.

What experiences have you had with your neighbors about child noise? I’m looking forward for comments!

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