Making music in your flat without neighbouring stress: is that possible in Germany?
As a matter of fact, the old-fashion prerequisite of a happy home is having the freedom of doing what you like, when you like, with whom you like. But from a legal point of you? Is it true? Are we free to do whatever we like?
The answer is the same: your freedom ends when mine begins. If your behavior is in some way causing a situation of distress for another person (it could be the neighbour, the flatmate etc.), your freedom could become a “torture” for someone else and this should be legally regulated. More precisely: you all know the problem: good vibes, a group of friend, a nice dinner listening to some music. Or you have just bought a new piano and want to practice every day. Is it allowed? How loud? Till when? Is there a legal regulation for this? Of course!
Practising a musical instrument shall not be prohibited even in rented flats. The Higher Regional Court (OLG) Hamm has made it clear.There is a general right to make music (OLG Hamm, Ref. 15 W 122/80) and even practising an instrument on Sundays is not considered a disturbance of the peace per se.
As a rule, a maximum of two hours of music-making per day should be tolerated. However, there are different court rulings on house music. The permitted practice time varies depending on the court decision – for the piano, for example, from one and a half to three hours a day.
Every situation is different. No legal dispute is the same. Details matter. Your legal representation matters. Contact us.