Do neighbours have to tolerate children's noise?
Yes, as a rule. Since 2011, § 22(1a) BImSchG states clearly: noise from day-care centres, playgrounds and from playing children is "as a rule not a harmful environmental effect". Romping, laughing, crying and playing are part of normal child development and must be largely tolerated by neighbours — including during midday and quiet hours. Limit values and tables as for industrial noise expressly do not apply. Limits exist only for genuine abuse (e.g. night-time noise that has nothing to do with children's play).
📋 The rules
- Children's noise is privileged under § 22(1a) BImSchG
- Noise from playing children is as a rule not a harmful environmental effect
- No immission limit values/tables as for commercial or industrial noise
- Neighbours must tolerate ordinary children's noise even during quiet hours
- Applies to day-cares, playgrounds, ball courts and the residential setting
🔓 Exceptions
- Not a free pass: deliberate noise unrelated to play (e.g. a night-time party) isn't protected
- Noise from adults or technical equipment isn't covered by the privilege
- In special cases (e.g. unusual local setting) individual limits may exist
⚠️ Penalties & fines
Because children's noise is privileged, injunction actions against ordinary noise of playing children regularly fail; courts dismiss them. A rent reduction over children's noise from the neighbourhood is usually excluded. It's different only for genuine, abusive noise — then the general rules apply. So the costs tend to fall on the suing neighbour, not on you.
📎 Official sources
- § 22(1a) BImSchG · children's-noise privilege →
- Federal Environment Agency · Children's noise →
- German Tenants' Association · Noise in tenancy law →
❓ Frequently asked
Do neighbours have to tolerate children's noise?
Yes, as a rule. § 22(1a) BImSchG places children's noise under special protection: noise from playing children, day-cares or playgrounds is normally not a harmful environmental effect. Neighbours must largely tolerate it.
Does this apply during the midday quiet?
Largely yes. Ordinary playing, romping and shouting must be tolerated during midday and quiet hours too. Fixed limit values or noise tables as for commercial noise are expressly not applied to children.
Can I sue over children's noise?
Actions against ordinary children's noise almost always fail. Only when the noise has nothing to do with children's play — such as deliberate night-time noise — do the general rules apply.
Can I reduce the rent over children's noise?
Usually not. Because children's noise is privileged, a rent reduction over playing children in the neighbourhood is generally ruled out. It can be different with persistent, abusive noise.
Does it also cover a day-care next door?
Yes. The privilege expressly names day-care facilities and playgrounds. Noise caused by children at a day-care must as a rule be tolerated — unlike, say, noise from ventilation units or delivery traffic.
🔎 Common searches
What people search to land here:
- “must neighbours tolerate children noise”
- “children noise law bimschg”
- “children noise midday quiet”
- “sue over children noise”
- “rent reduction children noise”
- “playground noise neighbours”