Pool Pump Making Loud Humming Noise
Do you have to accept the noise of a pool pump from the Nacharn at the property line or are there limit values and restrictions? In general, you have to put up with the noise as long as the limits of the TA noise are not exceeded. In pure residential areas the limit is 50dB(A) during the day and 35 dB (A) at night, in general residential areas and small residential areas it is 55 dB(A) during the day and 40 dB (A) at night. However, check your municipality’s regulations; they may be stricter. Special circumstances may also play a role. Hello dear lawyer, our neighbor has a small pool / swimming pool and in addition an electric (water) pump in operation. This makes a very annoying humming noise, which can be heard throughout the garden. Unfortunately, the pump is located exactly where we have two loungers or our table in the shade of our garage, where we rest or eat on weekends in good weather (as the crow flies, only a few meters). The pump is operated aggravatingly not soundproofed, so free standing and not sunk into the ground, as we know it e.g. from friends. We have addressed the neighbor approx. 2 years ago the first time. He promised verbally to insulate the pump next year. Until then, as a compromise, we agreed on times when the pump would be turned off. Last year there was another conversation and again a letter, after he neither made the isolation nor always kept to the switch-off times. Thereupon he finally put us off until this year. Last weekend, he then installed a simple insulation made of Styrofoam, but it does almost nothing, it still hums annoyingly. The pump must either be sunk into the ground or moved to another location so that the noise “goes away” (I am an engineer), so we had discussed it with the neighbor also last year, as well as I offered him my handyman help. With a sound level meter, I measured a rough 30 decibels at about one meter distance. We live only on weekends and on vacation in the house (live during the week in another city), so only during this time the pump disturbs – so also discussed with the neighbor, but even then he does not want to do without the pump for water heating / filtration. Furthermore, we already tolerate the noise from his heat pump, which rushes at intervals day and night (summer and winter). Question: Do we have to accept such a noise nuisance by the pool pump, if not, are there regulations (noise limits) and what can we do without bringing expensive experts and lawyers into play? Note: The municipal code only says something about “unnecessary noise, etc. is to be avoided in principle”. Dear questioner, thank you for your inquiry, which I will answer as follows based on the facts described and taking into account your input: The permissible limits regarding noise can be found in the TA-Lärm. The guideline values differ depending on the area. In pure residential areas, for example, the limit value is 50 dB(A) during the day and 35 dB (A) at night, in general residential areas and small residential areas it is 55 dB(A) during the day and 40 dB (A) at night. By daytime is meant the time between 06:00 and 22:00, by nighttime the time between 22:00 and 06:00. According to your information, these values are not exceeded here with 30dB (A), however, the measurement would have to be repeated if necessary. Basically, the noise source must be measured starting from your location, presently at the place of the deckchairs or also at the border. However, as long as the limit values are not exceeded, you will generally have to put up with the noise as long as the impact is only insignificant. Even if the limit values are complied with, this does not mean that the impairment is insignificant and therefore no claims exist. Compliance with the limit values is only an indication of immateriality. The frequency, local custom and the times when the pump is running must also be taken into account. In order to initially avoid costly expert opinions, you can first ask the public order office of your municipality to check the situation on site. It is possible that stricter guideline values apply in your municipality or that other times are specified by local statutes. You should inquire about this. Irrespective of this, you can write to your neighbor again (possibly with the help of a lawyer) and ask him to stop the noise nuisance, to switch off the pump at least temporarily or to cover it up. Here it is advisable to keep records over a longer period of time, recording the date, time and duration of the noise. This would at least be necessary for legal proceedings for evidence purposes. In principle, the problem with the heat pump operating at the same time should then also be addressed and, if necessary, a new measurement carried out. I hope that I have been able to help you for the time being. Yours sincerely, Marion Deinzer Attorney at law ————————————————————————————————— Please use the free inquiry function if you are unclear. If you would like further representation beyond the initial consultation provided here, please contact me by e-mail first. I would like to point out that this platform only serves as a first legal orientation and cannot replace a detailed legal consultation. It is only possible to make a rough assessment of your legal problem based on the information you provide on the facts of your case. Adding or omitting information on the facts of the case may result in a different legal assessment. Query from the questioner July 19, 2010 | 16:25 Dear Ms. Deinzer, thank you very much for your detailed answer. You write, among other things, “even if the limits are complied with, this does not mean that the impairment is insignificant and thus there are no claims”. Does this mean that anyone can simply make noise taking into account the sound levels and times, even if they can be eliminated at relatively low cost (noise insulation in this case) and in addition a pool pump is not exactly a device “necessary” for life? Who decides if the formal limits are met, but from my point of view this is not insignificant? And can one say that from your experience it is more likely to succeed / not to succeed if one should take legal action? Thank you very much! Answer to the query from the lawyer July 19, 2010 | 17:01 Thank you very much for your inquiry. Yes, in principle, anyone can operate such equipment provided that the quiet times and noise limits are observed. However, the limits of the TA noise are not rigid, deviations downwards or upwards are possible. Here, it depends on the overall circumstances on site. However, unnecessary or disproportionate noise can be punished as an administrative offense. In this regard, I would like to quote § 117 OWiG: “§ 117 Unacceptable noise (1) It is an administrative offense to make noise without just cause or to an extent that is unacceptable or avoidable under the circumstances and which is likely to cause a considerable nuisance to the general public or the neighborhood or to damage the health of another person. (2) The administrative offense may be punished by a fine of up to five thousand euros if the act cannot be punished under other provisions.” If these conditions are met, your neighbor commits an administrative offense that can be punished with a fine. Basically, the noise must be kept within limits, especially with regard to duration and frequency. The answer to the question of whether there is objectively a significant or insignificant impairment can probably only be determined by a technical expert. In court proceedings, an on-site visit will certainly also be scheduled so that the court can form its own picture of the impairments. In advance, you should definitely make records of the duration and type of noise as well as the date and time. Also include visitors and record who also perceived the noises so that you can name witnesses in case of doubt. Perhaps your other neighbors also feel affected. This would be an indication that the disturbance is not insignificant. Unfortunately, I cannot tell you whether legal proceedings are more likely to succeed or not. Here it also depends on what is customary in the locality. You can assume that a pool pump is more likely to be considered non-intrusive if there are several pools in the neighborhood and thus several such pumps are operated. Of course, something else applies the other way around. Unfortunately, there is no uniform case law precisely on the impairment caused by circulating pumps. According to the facts you described, it is possible to insulate the pump. I can therefore well imagine that a court will propose this as a settlement. I would therefore advise you to first seek an out-of-court solution. This may well be done with the help of a local lawyer. Yours sincerely, Marion Deinzer Attorney at Law Evaluation of the questioner July 19, 2010 | 19:31 Did the lawyer help you? How understandable was the lawyer? How detailed was the work? How friendly was the attorney? Do you recommend this lawyer to others? ” Perfect, very clear and understandable 🙂 ”
Every day from 7:00 in the morning to 18:00 in the evening.
There is nothing you can do. Typical German, let him. You want to take legal action just because the pump disturbs a bit? But otherwise you have nothing to do? Apart from the fact that 7:00 to 18:00 is still completely okay, there are no rest periods violated. Get yourself some foam for insulation and then go to him to cover it. Look for a few more eavesdroppers who will confirm the humming. That he is hard of hearing will not have escaped him. Legally you can do nothing, only hope for goodwill.
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Pool Pump Making Loud Humming Noise.
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