View Single Post
  #2  
Old 03.04.2021, 14:18
evop's Avatar
evop evop is offline
Member
 
Join Date: Jan 2018
Location: Zurich
Posts: 148
Groaned at 4 Times in 4 Posts
Thanked 170 Times in 85 Posts
evop is considered knowledgeableevop is considered knowledgeableevop is considered knowledgeable
Re: Sound Sensitive Owner right below my flat

Welcome to the forum.

This is a sad, but all too well know situation in Switzerland. I would personally recommend not to live in the same building, as your landlord, unless you share daily habits and go to bed times - there are too many chances to get into disagreement with a person, which you depend on in some important aspects of your life (like most people may love their parents, but would still move out as soon as possible and have better relations afterwards, but may have fights, if stay).

There are no per se dB limits. There are several regulations, which many would consider very loose and open for interpretation, but that is how it is here in CH.

Quote:
The Civil Code (CC, Art. 684) states that everyone is obliged to refrain from any excessive impact on neighbors, especially any harmful and unjustified impact caused by smoke or soot, annoying fumes, noise or vibration. Consequently, everyone is required to take the necessary measures to avoid noise.
According to the Swiss Code of Obligations (OR, Art. 257f), tenants must show consideration for building occupants and neighbors and must not disturb the peace in the building.
The Environmental Protection Act (USG) and the Noise Protection Ordinance (LSV) provide at best general guidelines for dealing with everyday noise. There are no limit values.
More concrete information can be found in the police ordinances of the cities and municipalities. They specify the times of midday rest and night rest and regulate how to deal with frequent noise sources. However, they usually do not determine with sufficient precision what is reasonable and what is excessive.

What constitutes justifiable and tolerable noise immissions can seldom be assessed entirely without a sideways glance at existing exposure limits (LSV, annexes). However, due to the diverse characteristics of noise sources in this area, no limit values can be developed that apply to all cases. Since there are neither standardized procedures nor limit values, measurements usually do not lead to the goal either.
Enforcement authorities or judges must therefore judge on a case-by-case basis, based on their experience, whether someone in the population is significantly disturbed in their well-being. In doing so, they have quite a bit of discretion.

You may find more information using search function of this forum, at Mietverband website or at other resources.


Hope, that helps.
Reply With Quote
The following 2 users would like to thank evop for this useful post: