You are using an outdated browser. There may be optical and technical problems.
OK, CLOSE
An oasis of peace and relaxation – this is how many imagine their home. But what should you do when loud noises penetrate the walls and disturb your peace and quiet? Excessive noise can quickly become a daily problem that should not be underestimated.
In Switzerland, noise nuisance includes any kind of disturbance of the peace and (loud) noises that can subjectively be perceived by others as disturbing and that affect general well-being. Neighbors as well as external factors such as traffic, construction work or commercial activities can cause noise. Whether the noise nuisance is considered reasonable or unreasonable depends, among other things, on the volume, duration, frequency and time of the noise.
In Switzerland, a disturbance of the peace generally occurs when noise levels are clearly above the normal level during quiet hours. Nightly quiet hours are generally from 10 p.m. to 7 a.m., although local rules may vary.
Noise pollution is a burden in several respects. For this reason, Swiss law governs the situation directly through a number of different laws and ordinances at the national and cantonal level, as well as through municipal ordinances. The most important legal bases include, for example:
Determining whether noise is unreasonable is often based on its decibel (dB) level. The number of decibels that make up a noise nuisance varies depending on the type of residential area and the time of day.
These laws and regulations are designed to maintain the balance between the right to peace and quiet and normal daily activities and social activities. For this reason, noise nuisance can even be punishable in Switzerland if it is intentional and disrupts the public order or significantly affects people’s general well-being. This may happen when there is loud noise at night or during other quiet hours when it is well above normal levels. This category also includes persistent noise making by persons who do not stop despite requests or warnings from the authorities. If noise exceeds the limits set by law and is therefore considered harmful or annoying, this can also lead to criminal charges. This applies in particular to cases where noise adversely affects the environment or human health.
The police or local regulatory authorities are usually the first point of contact for complaints. Ideally, they try to find a solution through discussions and mediation. In the case of noise that constitutes a criminal offense, the police or the responsible authorities usually warn the perpetrator first. If there is no improvement or if the circumstances are particularly serious, a formal complaint can be made. The competent authorities can then initiate criminal proceedings.
In the best case, of course, it doesn’t go that far. If you feel annoyed by noise, you can take several – hopefully de-escalating – steps to address the situation.
Often, the noise-producing parties are unaware that they are annoying others. A friendly conversation can solve many problems quickly and easily.
Find out about local quiet hours in your community. If necessary, draw the attention of the noise-producing parties to the fact that they should comply with them – and consistently comply with the regulations yourself.
Keep a noise diary and record the type, duration and intensity of the noise. This can serve as evidence if you have to take legal action.
If you live in a rented apartment and other tenants cause the noise, let your landlord or landlady know about the problem. They are legally obligated to take steps to remedy the situation.
Consider legal protection insurance that takes effect in the event of noise nuisance and seek legal advice if necessary.
Is the noise particularly loud or occurs outside of the permitted hours and conversations have had no effect? Do not hesitate to contact the police! A police report can also serve as evidence in legal proceedings.
Take advantage of the opportunity to resolve conflicts with the help of mediation organizations. They offer professional support to mediate between the parties.
Invest in measures to reduce sound and noise, such as soundproofing windows or additional wall insulation.
Excessive noise is actually the biggest conflict among neighbors: In a 2019 survey on neighborhood conflicts, half of the Swiss respondents said they were most annoyed by neighborhood noise. If the noise level of the surrounding residential areas is also a problem for you, you can generally proceed as described in the previous section and also find out about the applicable rights of neighbors. Keep in mind, however, that you want to maintain peace with your neighbors or your roommates as much as possible. So try to talk to the noise-causing neighbors again during a suitable time – even several times if necessary. Sometimes a further conversation, possibly involving a neutral third party, can encourage others to be considerate.
Speaking of a third person: Contact your landlord in writing and describe the situation. Give details, such as whether the excessive noise caused by neighbors occurs during the day or at night during quiet hours. If the building manager is responsible for the regulations in a apartment building, you should also inform them about the ongoing noise nuisance. If all other measures are unsuccessful, you may consider taking legal action. To do so, you should use legal advice. And focus on prevention: Inform new neighbors about noise sensitivity and existing quiet hours at an early stage so that problems do not arise in the first place.
Nadine Graf is a theme manager and writes texts for AXA on topics related to insurance and beyond.
