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LIVING IN SWITZERLAND

Reader question: What can residents in Switzerland do about noisy neighbours?

Nothing disturbs your peace more than loud noises made by your neighbours. But Swiss law provides for some specific rules in such situations.

Reader question: What can residents in Switzerland do about noisy neighbours?
You may want to think twice about renting an apartment next to this person. Image by Dean Moriarty from Pixabay

Barking dogs, screaming children, or other noisy disturbances can be a huge headache for people living in apartment buildings where walls are sometimes too thin for comfort.

What is and isn’t considered an excessive noise, however, is not clear. It depends as much on your own tolerance level as what is generally perceived as sounds emanating from normal daily activities.

The latter means that every tenant has the right to use and enjoy their dwellings for activities compatible with daily life — for instance, talking in a normal tone of voice, listening to music playing at a reasonable volume, or taking a shower.

You can hardly complain about any of these activities or expect the neighbours to whisper and tiptoe around.

What does the law say?

Not surprisingly, it requires tenants to be considerate of other residents in the building, though this rather general statement leaves a lot up to individual interpretation.

Still, common sense dictates that playing a drum in the middle of the night or a dog howling at the full moon, are not most people’s definition of being considerate towards others.

Your rental contract may also set out rules to be followed, which could include noise ordinances.

What can you do when your neighbour is too loud?

If it is a rare occurrence (say, a birthday party once year), you may want to let it go. But if the noise is frequent and disturbing, there are some remedies available to you — other than earplugs, that is.

Before you bring out the big guns (figuratively speaking, of course), you could try a bit of diplomacy. Speak to your neighbours directly and nicely, explaining how loud they are being and how it disturbs you and your family.

In the best-case scenario, you will reach an amicable compromise and maybe even have a glass of wine together, which the Swiss are fond of doing in all kinds of situations; in the worst, you might have to file a complaint (by registered mail) with the landlord, detailing the times and nature of excessive disturbances, and asking them to act within a certain timeframe.

You can also, according to an official government website, mention to the landlord “that you will cease to pay rent if no improvement occurs within the said time limit, withholding the money in a separate account. You can ask for a reduction in rent so long as the disturbance persists”.

READ MORE: Nine ways you might be annoying your neighbours (and not realising it) in Switzerland

Should you call the police?

Noise ordinances, and therefore police regulations, vary from one community to community.

Generally speaking, however, the hours between 10 pm and 7 am are considered as quiet hours.

However, these hours may be more flexible on weekends, and certainly during holidays like the National Day and New Year’s Eve.

What else should you know about noise-related rules in Switzerland?

You might have heard that you are not allowed to flush your toilet at night, but this is more of an urban myth than reality —unless your toilet sounds like a jackhammer.

READ MORE: Swiss daily dilemmas: Can I flush my toilet at night?

Also, you must know by now that Sundays are sacred in Switzerland. They are considered as rest days so your neighbours’ (or your) peace and quiet should not be disrupted by a sound of a lawn mower, hedge cutter, or nail being hammered into a wall.

One thing you should definitely not complain about, especially if you are a foreigner, are church and cow bells — no matter how loud and incessant they are.

If you are a light sleeper, don’t rent in a building located near a church or a meadow.

And you should also avoid farmhouses with roosters, unless you live for early mornings. 

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TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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