Rent reduction for Noise & Disturbance

Noise damages no wall and leaves no stains, and yet it can make a flat unusable. Lawyers call it an environmental defect. Whether you may reduce depends on whether the burden goes beyond what is customary and socially acceptable where you live.

6 types of defect · rates from 0 % to 60 %

This text was machine-translated. Only the German version is legally binding. To the German original

Every defect in this category at a glance

Construction noise in your own building

5–60 %

Substantial noise from building work in or on your own building, e.g. a loft conversion or refurbishment. During energy-efficiency modernisation the reduction is excluded for three months (Section 536 (1a) BGB).

Deadline for the repair: approx. 14 days

Noise from restaurants or bars in the building

5–40 %

Noise from a pub, restaurant or club in the building.

Deadline for the repair: approx. 14 days

Persistent noise from neighbours

5–30 %

Regular disturbing noise from neighbours beyond the normal level.

Deadline for the repair: approx. 14 days

Increased street noise (e.g. roadworks)

0–15 %

Street noise beyond the usual level, e.g. due to a construction site.

Deadline for the repair: approx. 14 days

Noise from the lift

5–10 %

Constant rattling, humming or vibrations from the lift.

Deadline for the repair: approx. 21 days

Construction noise from the neighbouring property

0–20 %

Noise from a building site on someone else's land is generally NOT a defect according to the Federal Court of Justice. A reduction only comes into play if the tenancy agreement says otherwise or the landlord has compensation claims under Section 906 BGB.

Deadline for the repair: approx. 14 days

The legal position

Someone who moves into the city centre cannot later claim the street noise that was already there as a defect. Children at play and ordinary living noise are part of daily life in a block of flats too. It is different where things clearly deteriorate after you move in, a building site opening in front of the house, say, or a bar moving in below you. Then you need one thing above all: a complete noise log. Without it, noise claims are regularly lost in court.

Every reduction requires a defect notice (Mängelanzeige) under § 536c BGB, because the claim only becomes enforceable once the landlord knows. To the guide: writing a defect notice

Frequently asked questions about Noise & Disturbance

How much rent reduction is possible for Noise & Disturbance?

The guidance values in this category range from 0 to 60 percent of the gross warm rent. The highest rate falls to “Construction noise in your own building” at up to 60 percent. What always governs is the duration, intensity and extent of the impairment in the individual case.

Which defects belong to Noise & Disturbance?

This category covers 6 types of defect: Construction noise in your own building, Construction noise from the neighbouring property, Increased street noise (e.g. roadworks), Persistent noise from neighbours, Noise from restaurants or bars in the building, Noise from the lift.

What do I have to do before I reduce the rent?

Report the defect to your landlord in writing without delay (§ 536c BGB) and set a deadline for the repair as a specific date. Only from the landlord's knowledge onwards is the reduction practically enforceable. If in doubt, keep paying under protest for now.

Other defect categories

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