Noise means stress for many people and can make you sick in the long term. Persistent noise does not have to be simply tolerated. In order to prove a disturbance of the peace, it makes sense to keep a noise log. Here you will find a pattern as a PDF template to print out.
Document disturbances of peace
Construction site noises, loud streets, party music from neighbors or constantly barking dogs can quickly become a noise nuisance. However, disturbing the peace and quiet due to noise is usually a subjective feeling. What is normal noise for one person can be annoying for another. As a rule, 40 decibels during the day and 30 decibels at night are considered acceptable. However, in the event of disputes, the existing overall situation is always considered individually. It is therefore important to keep a so-called noise log if disturbances occur in order to have proof in hand in an emergency, for example
- if legal action is taken against the person responsible
- for out-of-court dispute resolution or
- to enforce a rent reduction from the landlord
On the basis of a noise report, not only a tenant can enforce a rent reduction, the landlord can also claim the resulting financial loss from the person who caused the noise. To do this, however, the noise log must be kept accurately as evidence. Below we will show you how to do this correctly.
Write down noise pollution
Simply claiming that you are the victim of noise pollution is usually not enough. It is therefore best to record recurring disturbances of the peace in writing in a noise log. This should contain the following detailed information:
- Type of noise (loud arguments, TV too loud, dogs constantly barking, loud party music)
- exact date
- Time, day or night
- Duration of noise nuisance
- Extent/impact of noise
- Frequency of occurrence
- Causer of the disturbance
- If there are any rest times according to the house rules
You can also find the most important information in our sample noise report. You can easily download the associated PDF file by clicking on the download button below, then print it out and fill it out.
Note:
According to a ruling by the Federal Court of Justice, there have been quiet times between 1 p.m. and 3 p.m. and 10 p.m. and 6 a.m. as well as on public holidays and Sundays since 1998, unless otherwise agreed in the rental agreement or house rules (ref. V ZB 11 / 98).
Don’t forget the witnesses
Keep the log as detailed as possible continuously for at least two weeks. Don't forget to sign it by hand at the end of this period. Since you, as the person affected, also have the burden of proof, you should bring in witnesses who can confirm your statements. These could be family members who live in the household or – better yet – neighbors who also feel bothered by the noise. What's important is
- the full name
- Address and
- Handwritten signature of the witness
You can then hand over the completely filled out noise report with all details and signed to the public order office, the landlord or a lawyer in order to hold the person responsible for the noise responsible.
Tip:
If you are experiencing noise nuisance from your neighbor, you should seek clarification before contacting the landlord or lawyer. To do this, you could, for example, ask him to come to your apartment so that he can see for himself what the noise is. If there is no insight, it is time to keep a noise log.
Use of measuring devices
In addition, you can use special measuring devices to measure the volume. These reliably measure the intensity of the noise. Alternatively, a so-called “BASS SYSTEM” also serves well. These sound storage devices record the volume. They cannot be manipulated and are therefore good evidence. Normal tape recorders or other data carriers, on the other hand, are not suitable evidence, as they can easily be manipulated.
Note:
In 2017, the Federal Court of Justice decided that it is sufficient to specifically describe noise pollution (AZ. VIII ZR 1/16). However, it makes sense to collect a lot of information that is easy to understand.
Frequently asked questions
Is it absolutely necessary to keep a noise log?
No, according to the Federal Court of Justice (BGH), it is usually not absolutely necessary to create a noise report. However, disturbance of the peace caused by noise must be proven in a legal dispute or in the event of a rent reduction. For this reason, it definitely makes sense to keep such a noise log. Because of this, an injunction against the neighbor can be obtained in court in accordance with Section 1004 Paragraph 1 of the Federal Code (BGB).
Which sounds generally have to be accepted?
Various noises are not considered noise pollution, even if some people perceive them as such. These sounds simply have to be endured. These include, for example: barking dogs (a maximum of 30 minutes a day), cries of babies, noise from daycare centers and playgrounds, street noise, construction noise (during the day), two hours of house music a day, footstep noises with the exception of high heels, a maximum of 30 minutes of showering at night.
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