SHARE
COPY LINK
For members

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.

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
For members

LIVING IN AUSTRIA

Why internet users in Austria need to be aware of new ‘shitstorm’ ruling

'Shitstorm' is a ubiquitous Anglicism used in Austria referring to public, online and broad harassment people sometimes suffer. And now the country's supreme court is cracking down on perpetrators.

Why internet users in Austria need to be aware of new 'shitstorm' ruling

The word “shitstorm” officially arrived in German dictionaries more than ten years ago,

Its meaning is different from the English version, which according to the Oxford dictionary is used to a describe “a situation marked by violent controversy”.

However in German the Duden Dictionary explains it as a “storm of indignation in an internet communication medium, sometimes accompanied by insulting statements”.

The word is back on Austrian media after a controversial decision of Austria’s Supreme Court, which decided to crack down on instances of online harassment. According to the decision, simply participating in a “shitstorm” can cost an individual plenty. 

According to the court’s decision, it’s sufficient for a victim of a “shitstorm” to identify one person involved. You can “then assert a claim against this person for the entire immaterial damage that the person has suffered as a result of the ‘shitstorm’ “, media lawyer Maria Windhager told broadcaster ORF

READ ALSO: Four reasons Austria is great for women and four reasons why it isn’t

The Supreme Court’s decision means that those who spread hate and fake news online must also accept that they can be prosecuted for it. 

Police officer vilified online

Austria’s highest court dealt with the specific case of a police officer photographed and filmed as he worked in one of the 2021 demonstrations against COVID-19 measures. In a Facebook post, his image was shared with the false accusation that he pulled an 82-year-old man to the ground before arresting and interrogating him. 

According to the police officer, the post had many unpleasant consequences for him. He, his sister, and his mother had been asked about it many times, and even his former post commander had confronted him about it, the report stated. 

He was able to identify several people who shared the post and was able to bring one to court. In an initial trial, the court only awarded him a small portion of the €3,000 compensation he had demanded. 

Austria’s Supreme Court, however, awarded the man a total €3,000. In its reasoning, the Supreme Court stated that a “shitstorm” is defined precisely by the fact that many people participate in it. At the same time, the Supreme Court disagreed with the argument that this makes the individual act of every participant less significant. 

READ ALSO: What to do if you experience online abuse in Austria

Such an argument would have the consequence that the more people who take part in a shitstorm, the “less liable” everyone would be.

“The effect of a shitstorm is all the more violent, the more people participate in it”, according to the Supreme Court. With this, the court said those affected by a “shitstorm” could claim the total damage from a single perpetrator. 

Lawyer Windhager said: “I do believe that the ruling will shake people up and make them think a little more carefully about what they post and, above all, what they share”.

SHOW COMMENTS