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Old 29.08.2019, 18:33
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Children making noise - laws

Hi All, any help appreciated.

Does anyone know whether there are any laws regarding noise made by children ?

I live in an old house which has a big garden. the nearest house is above us across the garden (its on a hill) about 30 metres away. We've been happily living there for 5 years, but recently the woman who lives in one of the two apartments that make up that building have told my children to be quiet when they are playing in the garden in the middle of the afternoon.

This has happened twice now, both times it was my kids plus one friend so more than technically just my family.

I don't want this to get out of hand, but if she is demanding my children play more quietly when they are young, its the middle of the afternoon, in my own garden, is there anything legal which determines what level of noise is actually allowed ? I am extremely reluctant to tell my own kids not to run around in the garden when they are growing up.

Thanks
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Old 29.08.2019, 18:35
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Re: Children making noise - laws

Tell her to stuff it (politely). Children playing is normal noise, unless they're really screaming their heads off for hours on end.
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Old 29.08.2019, 18:35
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Re: Children making noise - laws

It is up to that woman to prove that the noise is excessive, which of course it won't be, so there is really, legally, no case, especially if it is on your own property.
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Old 29.08.2019, 18:35
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Re: Children making noise - laws

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Hi All, any help appreciated.

Does anyone know whether there are any laws regarding noise made by children ?

I live in an old house which has a big garden. the nearest house is above us across the garden (its on a hill) about 30 metres away. We've been happily living there for 5 years, but recently the woman who lives in one of the two apartments that make up that building have told my children to be quiet when they are playing in the garden in the middle of the afternoon.

This has happened twice now, both times it was my kids plus one friend so more than technically just my family.

I don't want this to get out of hand, but if she is demanding my children play more quietly when they are young, its the middle of the afternoon, in my own garden, is there anything legal which determines what level of noise is actually allowed ? I am extremely reluctant to tell my own kids not to run around in the garden when they are growing up.

Thanks

Tell her to piss off, gently but firmly, go confront her, she has absolutely no right whatsoever during the day time, maybe nice to keep it a bit quieter on Sunday, but only on Sunday and even then, she can't do anything.


Go to the commune and let them know too, get in first
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Old 29.08.2019, 18:48
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Re: Children making noise - laws

'Kinderlärm ist Zukunftsmusik'.

Being serious, these two articles might be of help:

https://www.beobachter.ch/wohnen/nac...r-mit-der-ruhe

https://www.familienleben.ch/leben/k...hinnehmen-4159
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Old 29.08.2019, 19:55
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Re: Children making noise - laws

These are in German, its understandable you want to keep the noise down when people speak Swiss German.....
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Old 29.08.2019, 20:05
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Re: Children making noise - laws

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Tell her to piss off, firmly but gently
FTFY.

Failing that, not so gently.

Perhaps an iron bar up the butt, alla Edward 2nd.

Tom
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Old 29.08.2019, 20:20
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Re: Children making noise - laws

Yeah normal kids noise is allowed during the day..

I do try keep my kids sensible though, two girls.. We have a big trampoline out front and a pool at the back.. I give them trouble if they scream constantly, that annoys me never mind anybody else..but other than screaming, i let them go for it.
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Old 29.08.2019, 20:27
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Re: Children making noise - laws

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Hi All, any help appreciated.
Tell them to call the police.

BTDT.

Tom
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Old 29.08.2019, 20:59
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Re: Children making noise - laws

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Hi All, any help appreciated.

Does anyone know whether there are any laws regarding noise made by children ?

I live in an old house which has a big garden. the nearest house is above us across the garden (its on a hill) about 30 metres away. We've been happily living there for 5 years, but recently the woman who lives in one of the two apartments that make up that building have told my children to be quiet when they are playing in the garden in the middle of the afternoon.

This has happened twice now, both times it was my kids plus one friend so more than technically just my family.

I don't want this to get out of hand, but if she is demanding my children play more quietly when they are young, its the middle of the afternoon, in my own garden, is there anything legal which determines what level of noise is actually allowed ? I am extremely reluctant to tell my own kids not to run around in the garden when they are growing up.

Thanks
She probably knows you are English and wants to test you. Tell her politely " halt die Klappe!"
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Old 30.08.2019, 04:59
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Re: Children making noise - laws

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She probably knows you are English and wants to test you. Tell her politely " halt die Klappe!"
Contradictio in terminis... that is definitely not polite.
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Old 30.08.2019, 05:32
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Re: Children making noise - laws

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Contradictio in terminis... that is definitely not polite.
Which was his point

OP - laws are one thing, neighborly ambiance another.

She has the right to ask the kids to tone it down, if it bugs her. People have their right to ask, sure. But the kids (or anyone else) are not obligated to listen to her at all. They also have a right to tell her to be quiet next time she comes and tries to discipline them, provided the level of noise isn't too annoying.

Last edited by MusicChick; 30.08.2019 at 07:35.
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Old 30.08.2019, 07:06
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Re: Children making noise - laws

Maybe the woman is only a tenant and will soon move away if she doesn't like the noise. I know people who have moved a few doors down just because of noise.
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Old 30.08.2019, 07:42
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Re: Children making noise - laws

"Neighbors must accept the unrest in the house, which arises as a result of the normal play and movement drive of children, - so judged the district court Kassel 2009 (872 C 855/91, WM 91, 558). The District Court of Neuss also pointed out that in child noise an extended tolerance limit is appropriate, because a multi-family house is not a monastery, children could not be like young dogs put on the chain. (36 C 232/88, WM 88, 264). And the district court Trier judged that the inhabitants of a larger tenement house must accept noise such as children crying, children trampling or occasional dropping objects (5 C 194/00 WM 2001, 237)"

The law in Germany.
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Old 30.08.2019, 08:01
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Re: Children making noise - laws

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The law in Germany.
Which is relevant how?

Tom
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Old 30.08.2019, 08:03
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Re: Children making noise - laws

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Which is relevant how?

Tom
Well it probably indicates how it is here. But in this small land full of rules you never know!
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Old 30.08.2019, 08:08
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Re: Children making noise - laws

"Tatsächlich ist im Mietrecht festgehalten, dass zur üblichen Nutzung einer Wohnung auch der Kinderlärm gehört. Es ist für Eltern auch nahezu unmöglich, dem Nachwuchs zu verbieten, laut zu sein, denn dieses Verhalten gehört auch zur Entwicklung. Genauso muss der Nachbar ertragen, dass Kinder für eine gewisse Zeit schreien, denn dies gehört auch zum Prozess des Heranwachsens."


In fact, it is stated in the tenancy law that the normal use of an apartment also includes the children's noise. It is also almost impossible for parents to forbid the offspring from being loud because this behavior is also part of development. Likewise, the neighbor has to endure that children scream for a certain amount of time, because this is also part of the process of growing up.

Swiss rules. But of course there are borderlines which should not be crossed
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Old 30.08.2019, 08:39
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Re: Children making noise - laws

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But in this small land full of rules you never know!



It's to keep your small brain occupied
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Old 30.08.2019, 09:14
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Re: Children making noise - laws

Maybe our place is unusual but we have a building regulation which prohibits children from playing outside (more like making noise in the garden) for 2 hours every afternoon, I think between 2-4 pm. They play nonetheless, but they are not loud so we will never think of saying anything, but the rule exists.
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Old 30.08.2019, 09:17
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Re: Children making noise - laws

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"Tatsächlich ist im Mietrecht festgehalten, dass zur üblichen Nutzung einer Wohnung auch der Kinderlärm gehört. Es ist für Eltern auch nahezu unmöglich, dem Nachwuchs zu verbieten, laut zu sein, denn dieses Verhalten gehört auch zur Entwicklung. Genauso muss der Nachbar ertragen, dass Kinder für eine gewisse Zeit schreien, denn dies gehört auch zum Prozess des Heranwachsens."


In fact, it is stated in the tenancy law that the normal use of an apartment also includes the children's noise. It is also almost impossible for parents to forbid the offspring from being loud because this behavior is also part of development. Likewise, the neighbor has to endure that children scream for a certain amount of time, because this is also part of the process of growing up.

Swiss rules. But of course there are borderlines which should not be crossed
Thank you everyone. I also asked friends here and the overall reaction is that it is something kids are allowed to do. If she turns up again I’ve told them to tell me and I’m going to politely tell her we won’t change our behavior and we can go to the commune to discuss if she wants.
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