Definition and legal framework of neighbor harassment
Under neighbor harassment a wide range of disturbances are understood in German law that a property owner, tenant, or other authorized user (disturber) unreasonably inflicts upon the neighboring property or its residents. These include, among others, noise, odors, pollution, light emissions, disruptive behavior, and similar disturbances that interfere with or limit harmonious neighborly relations.
The assessment of whether a neighbor disturbance is legally relevant or must be tolerated depends essentially on the degree of reasonableness, statutory provisions, and judicial decisions on a case-by-case basis.
Legal foundations of neighbor harassment
German Civil Code (BGB)
Key provisions regarding neighbor harassment are found in the German Civil Code (BGB), particularly in Sections 906 et seq. BGB. These regulate the relationship between neighboring property owners and the obligations to tolerate so-called ’emissions’, which refers to emissions affecting a neighboring property.
Section 906 BGB – Introduction of intangible substances
According to Section 906 BGB, the owner of a property must tolerate influences such as noise, vibrations, odors, smoke, soot, heat, gases, vapors, or similar disturbances emanating from another property, as long as they do not affect the use of their own property at all or only insignificantly. In the case of substantial disadvantages, there is a claim for injunctive relief and, if necessary, damages.
Section 1004 BGB – Claims for removal and injunctive relief
Section 1004 BGB grants the neighbor a claim for removal and future prevention of the disturbance if there is an unlawful infringement of property. The claim does not require a particular severity of the disturbance but is based on any more than insignificant impairment of the property.
Public law regulations
In addition to private law provisions, there are numerous public law regulations that serve to protect against neighborly disturbances:
- Federal Immission Control Act (BImSchG): Regulates protection against harmful environmental effects caused by installations.
- State Immission Control Acts: Supplementary regulations at state level, particularly regarding noise protection.
- Land Use Ordinance (BauNVO) und Federal Building Code (BauGB): Determine which uses are permitted in which area.
Types and examples of neighbor harassment
Disturbances by neighbors can occur in a variety of ways. Typical situations include:
Noise disturbance
Noise is among the most common neighbor disturbances. This includes, for example, loud music, late-night parties, construction or repair work outside permitted hours, or constant dog barking. The decisive factor in the assessment is whether the level of noise exceeds the limit of ‘socially usual’ and, considering the specific living situation (e.g., multi-family house, row house), is still to be tolerated.
Quiet times
Local police regulations define quiet times, for example night rest from 10:00 p.m. to 6:00 a.m. and lunch rest (usually from 1:00 p.m. to 3:00 p.m.). Exceeding these times may constitute administrative offenses and may be penalized with fines.
Odor nuisance
Disturbing odors may arise, for example, from barbecuing on the balcony, smoke from a fireplace or stove, composting, or keeping animals. Odor emissions must generally be tolerated if they are customary in the area or permitted by law and do not exceed the threshold of significance.
Light emissions
Light emissions, such as constant outdoor lighting, floodlights, or brightly lit advertising signs, may constitute a neighborly nuisance if they lead to significant disturbances. Here too, the criterion is the level of reasonableness in the specific case.
Other disturbances
These include, for example, pollution caused by leaves, pesticides, de-icing salt, water, or objects that intrude onto the neighboring property. Overgrowth of plants (e.g., overhanging branches) also falls under neighbor law regulations and disturbances.
Rights and claims of the affected neighbor
Affected neighbors generally have various claims against the harasser.
Claim for injunctive relief and removal
The neighbor can demand that the disturbance be removed and refrained from in the future (Section 1004 BGB). This applies to both physical and non-physical disturbances.
Claim for damages
If the neighbor disturbance results in material damage, for example through pollution or property damage, a claim for damages may be asserted (Section 823 (1) BGB).
Right to self-remedy
Under certain circumstances, the affected party can take measures themselves to eliminate a disturbance, for example, by cutting overhanging branches (Section 910 BGB). However, the law requires a reasonable deadline to be set for the disturber beforehand.
Public law actions
In addition to civil claims, regulatory authorities can be notified. In case of violations of the immission control, building or sanitation regulations, the disturber may face warnings, fines or orders to remedy deficiencies.
Limits of the duty to tolerate and reasonableness
Not every disturbance triggers a duty to tolerate. The deciding factors are the significance and reasonableness of the interference. Courts take into account:
- Local conditions and development structure
- Frequency and intensity of the disturbance
- Social customs and legal norms
Minor disturbances or occasional, socially customary events must generally be tolerated.
Evidence and enforcement of claims
The burden of proof for a significant disturbance lies with the affected neighbor. Evidence such as noise diaries, witnesses, measurement logs, or photographs may be used to substantiate the disturbance.
Claims are generally asserted out of court at first, if necessary with the assistance of mediation or arbitration boards. If no agreement is reached, civil court proceedings may be necessary.
Prevention and conflict resolution
Good neighborly relations are based on mutual consideration. In case of disturbances, it is advisable to first try to resolve misunderstandings through discussion. Municipal arbitration boards or mediation services can help settle disputes out of court and prevent prolonged conflict.
Summary
Die neighbor harassment encompasses various types of interference, the legal assessment of which depends on the type, extent, and circumstances of the individual case. German law provides detailed regulations and claims to balance neighborly relations and to provide legal clarity in the event of conflict. The distinction between acceptable disturbance and legally relevant interference is made based on legal provisions and judicial interpretation, with the protection of an individual’s quality of life being just as important as the lawful use rights of other property owners or tenants.
Frequently asked questions
What legal steps can be taken in case of ongoing harassment by neighbors?
If neighbor harassment continues, those affected have various legal options. Initially, it is advisable to attempt to resolve the problem amicably through conversation or a written complaint. If this fails, a formal written warning can be issued, explicitly addressing the disturbing behavior and demanding that it be stopped. Pursuant to Section 1004 of the German Civil Code (BGB), the disturbed party has the right to injunctive relief in cases of disturbance of possession or property infringement. If this is ignored, an injunction lawsuit may be filed in court. In serious cases – for example, threats, coercion, or stalking under Section 238 of the German Criminal Code (StGB) – criminal proceedings may also be possible. In individual cases, a temporary injunction can be obtained for protection against further harassment, especially in cases of acute danger or severe assaults. For rental apartments, the property manager or landlord can also be approached, who in turn may take action against the disturbing tenant, e.g., by issuing a warning or, in extreme cases, terminating the lease. In all these cases, maintaining a detailed record of the type, duration, and frequency of the disturbances as evidence is recommended.
How is the legal distinction made between mere noise nuisance and an unreasonable disturbance?
Courts differentiate between socially adequate, i.e., customary and reasonable, noise (such as everyday sounds or children’s noise) and so-called unreasonable disturbances. A disturbance is considered unreasonable when it exceeds what an average reasonable person is prepared to tolerate (Section 906 BGB). The specific circumstances of the individual case are decisive, such as the type, intensity, time of day, and frequency of the disturbance. Quiet times (usually weekdays from 10:00 p.m. to 6:00 a.m. as well as on Sundays and public holidays) are particularly protected by law; violations during these times may justify an injunction. Evidence such as measurement logs, witness statements, or expert reports may be used in the assessment. Case law also takes local conditions into account; stricter standards apply in strictly residential areas than in mixed or commercial areas.
What evidence is required to legally establish harassment by neighbors?
In order to legally assert claims due to neighbor harassment, careful documentation is essential. Suitable evidence includes, in particular, noise logs detailing the date, time, type, and duration of disturbances as precisely as possible. Witnesses, such as other neighbors or visitors, may also serve as evidence. For noise disturbances, audio recordings are permissible, provided they are used solely for one’s own legal proceedings and do not constitute secret recordings within the meaning of Section 201 StGB. In individual cases, expert reports may be obtained on noise levels or odor intensity. Furthermore, written notifications to the neighbor or landlord can serve as evidence that a warning was issued. The better the disturbances are documented, the greater the chances of success in court.
What role does the landlord play in cases of neighbor harassment among tenants?
According to Section 535 BGB, the landlord is obligated to provide the tenant with an apartment suitable for contractual use and to maintain it accordingly. This specifically includes ensuring usability and upholding house peace. If the landlord becomes aware of a significant disturbance (e.g., by tenant complaint), they must take suitable measures to stop the disturbance. Failure to do so may entitle the affected tenant to reduce the rent or claim damages. The landlord can issue a warning to the disturbing neighbor and, in the event of continued misconduct, terminate the tenancy (§ 543 BGB). In case of doubt, the landlord bears the burden of proof, so they should also keep detailed documentation of disturbances and complaints.
Can ‘psychological’ harassment such as stalking or bullying also be prosecuted?
Psychological harassment that goes beyond mere unfriendliness and is systematic and repeated can be prosecuted both criminally and civilly. Under criminal law, Section 238 StGB (Stalking) applies when someone is persistently stalked, threatened, or harassed without authorization. Section 185 StGB (Insult), Section 240 StGB (Coercion), or the general offense of bodily harm (Section 223 StGB) in the case of severe psychological distress may also apply. Under civil law, the affected party is entitled to seek an injunction (§§ 823, 1004 BGB analogously). In particularly serious cases, a temporary injunction can be requested under the Protection Against Violence Act (Section 1 GewSchG), prohibiting the neighbor from any contact, entering certain areas, or attempting communication. However, precise evidence of repeated and targeted harassment is required. Courts set a high threshold for recognizing psychological violence or bullying; isolated incidents are usually not sufficient – systematic and sustained behavior by the neighbor is necessary.
When can a rent reduction be made due to harassment by neighbors?
A rent reduction is permissible if there is a significant impairment of the usability of the rented property (§ 536 BGB). The nuisance must restrict the use of the apartment beyond what is reasonable, for example due to persistent noise, strong odors, or repeated threats. The tenant must notify the landlord of the defect without delay and give them the opportunity to remedy it. The amount of the rent reduction depends on the nature, duration, and intensity of the disturbance and can vary on a case-by-case basis; the courts have developed numerous percentage rates for this purpose. An unjustified rent reduction may lead to termination by the landlord, so the reduction should be well substantiated and documented. It is advisable to seek legal advice in case of doubt.
