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LIVING IN AUSTRIA

Living in Austria: What can I do about noisy neighbours?

Almost everyone has experienced noise from a neighbour at some point, but what options do you have in Austria when the sound starts to become a problem?

Living in Austria: What can I do about noisy neighbours?
You don't have to suffer in silence if your neighbours are regularly disturbing you. Photo: Malachi Cowie/Unsplash

The general rule regarding noise within apartment buildings is that noise shouldn’t exceed what is normal for the local area.

That leaves things quite vague, and means that noise complaints need to be dealt with on a case by case basis. Noise disturbance is not an unusual issue in Austria, and particularly in Vienna which is densely populated and has a high number of houses built before the 1920s — beautiful, but not always blessed with the best sound insulation.

But you do have recourse if a noisy neighbour is affecting your life. In fact, Austrian law takes your right to peace and quiet fairly seriously.

READ ALSO: Do I have to repaint the walls when I leave a rental in Austria?

Most apartment buildings have a set of household rules which all tenants agree to when signing their rental contracts, so as a first step you can check what these say. For example, it might state that if tenants are going to have a party, they should inform neighbours beforehand and not do this more than once a quarter.

There is often a ‘quiet period’ (Ruhezeiten) which may be set by the individual property company, and/or a municipal order may apply — there’s no national standard so you need to check what applies in your area.

In Vienna, the local ordinance sets 10pm-6am as a quiet period, while on Graz the quiet period is as long as 7pm to 7am on weekdays, while Linz, Salzburg and Innsbruck also regulate ‘Mittagsruhe’ or ‘lunchtime quiet period’ around the middle of the day as well as having special rules about being quiet on Sundays and public holidays for the whole day.

In general, it should be easier to ask someone to be quiet (or even enforce your right through legal channels if needed) if the noise is happening during these rest periods. At these times, you and your neighbours should avoid noise which is considered normal at other times: that could include running the washing machine, mowing the lawn, DIY work, playing a musical instrument, but also loud conversations with friends, loud TV or radio, or leaving a dog barking or child shouting for an excessive length of time.

Outside the quiet periods, establishing which noises are ‘excessive’ can be more difficult. Problems can arise when people need quiet outside these specified times, for example if you’re working from home or need to sleep before working a night shift. 

What counts as a ‘disturbing’ level of noise then depends on what is standard for the area, and there is no specific volume that is considered as a threshold. Volume, frequency, duration and the cause of the noise would all be taken into account. In order to make a successful legal complaint, you’d need to show that the noise was outside the norm for the area and that it was enough to affect your quality of life.

People living in urban areas may be expected to put up with a higher level of noise than would be allowed in rural areas, and the type of noise that is permissible also varies depending on location. The Supreme Court has previously rules that a rooster crowing, for example, is normal in a rural area.

Playing a musical instrument like the piano for up to about two hours during the day is generally considered normal as has been established by several court rulings, but louder instruments such as drums or trumpets may have different limits.

READ ALSO: Altbau vs Neubau: What’s the difference and which should I rent in Austria?

Speaking to the offending neighbour is almost always the best first step if you’re affected by loud noises; it will often be possible to resolve the situation without escalating it further if you let them know how it’s affecting you.

If speaking to your neighbour doesn’t resolve the problem, the next step is to contact the housing company (Hausverwaltung).

After that, you can take your complaint to the police. Noise pollution is an offence that carries a fine in Austria, the exact amount ranging depending on the region and starting at €700 in Vienna.

As a final note, if the walls are so thin that you can hear even ordinary movements and sounds from your neighbours, you should contact your landlord or property management company, because building codes state that walls should be thick enough that sound or vibrations caused by ordinary use should not affect neighbours.

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For members

RENTING

Am I allowed to sublet my rental apartment in Austria?

If you are a renter and want to rent out your apartment or get someone to rent a spare room, you need to know the Austrian laws first.

Am I allowed to sublet my rental apartment in Austria?

With the cost of living on the rise and housing demand increasing, subletting has become an attractive option for many tenants in Austria. It can help offset rental costs or generate extra income. However, it’s important to consider the legal implications and potential risks before proceeding.

Firstly, Austrian law defines a main tenancy when the owner rents a house or flat. If the primary tenant sublets a flat or living space, this constitutes a sublease, according to the definition by the state-backed organisation MieterHilfe.

An entire flat can be sublet or just a part of it (such as a room for sole use, including shared use of the kitchen, bathroom, and toilet).

READ ALSO: The vocab you need to understand apartment ads

Can I sublet the property I rent?

It depends on many factors. Firstly, though, the Tenancy Act, the set of rules that guides every rental agreement in Austria, explicitly does not allow a main tenant to sublet the entire rental property on a permanent basis without the landlord’s permission.

This means that if you want to move out of the place you are renting and then sublet it to someone else, the main tenancy agreement can be terminated. The grounds for termination exist even if the main tenant passes on the rental property in its entirety free of charge unless the rental property has been passed on to close relatives of the main tenant who have already lived there with them.

So, if you are the main tenant in an apartment living with a roommate who sublets, it’s recommended that you make the necessary changes to the rental contract if you leave the place. You should then ask the person who is staying there to be the new main tenant. 

In Austria, rental agreements often include specific points detailing the types of subletting that are allowed—and usually prohibiting subletting the entire place. 

READ ALSO: Is it better to rent or buy in Austria right now?

What if my rental contract doesn’t specify the rules?

If your contract does not include a clause on subletting, the rules that apply are those in the Tenancy Act.

As mentioned, the complete subletting of the rental property – with you effectively and permanently moving out – constitutes grounds for termination of the rental agreement. 

However, there’s an exception: “The reason for termination is only not given if the main tenant is only temporarily absent (e.g. a one-year stay abroad for training purposes) and it is clear from the outset that the main tenant will be living in the rented property again regularly in the foreseeable future.”

Partial subletting, such as renting out a room, is generally permitted. The property owner can only forbid it in cases where their “important interests are violated.” MieterHilfe mentions an example of the subtenant already known as someone with “unpleasant behaviour” or if there could be issues with overcrowding in the flat. 

READ ALSO: What happens when my rental contract expires in Austria?

There are also specific rules on how much rent can be charged for a sublease. In general, if one of two bedrooms is rented (with shared use of the remaining part of the flat), the main tenant can only charge a maximum of 75 percent of the rent and 50 percent of other rent “components”, such as Betriebskosten, or “operating costs”. 

There are stricter rules for those living in municipal housing and under certain provisions of the Tenancy Act, so it’s always worth consulting with renters’ associations or a lawyer if you have any questions or specifics you’d like to discuss. 

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