Making music in your flat without fighting with the neighbours in Germany

Making music in your flat without fighting with the neighbours in Germany

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.

 

 

horak Attorneys at law

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