A permanent construction site next door? Rent reduction for building noise

Drilling, hammering, dust: a permanent construction site next door or in the building can make living a torment. If building noise significantly affects your apartment, that can be a defect entitling you to reduce the rent.

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Significant impairments from building noise, dust or vibrations can constitute a defect of the rented property that entitles you to a rent reduction (§ 536 BGB), even if the landlord does not cause the noise themselves.

It can be different with modernizations by the landlord: here there is sometimes a duty to tolerate, and for energy-related modernizations the reduction is excluded for the first three months (§ 536 para. 1a BGB). You must tolerate necessary maintenance work but can reduce the rent in the event of significant disturbance.

What you should do now

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1. Keep a noise log
Note the days, times and type of impairment; take photos or videos and name witnesses.
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2. Report the defect
Report the impairment to the landlord in writing.
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3. Declare the reduction
Reduce the rent appropriately (under reservation) for as long as the significant disturbance continues.
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4. Check the exceptions
Check whether there is a modernization with a duty to tolerate or an exclusion of reduction.

Frequently asked questions

Can I reduce the rent because of building noise?

Yes, if the building noise significantly affects your apartment, a defect can exist that entitles you to a rent reduction (§ 536 BGB), also for construction sites the landlord does not operate themselves. A noise log and reporting the defect are important. It is best to reduce the rent under reservation.

Does this also apply to renovation by my landlord?

Here it is more nuanced: you must tolerate necessary maintenance work but can reduce the rent in the event of significant disturbance. For energy-related modernizations, however, the rent reduction is excluded for the first three months (§ 536 para. 1a BGB). So check whether and what kind of measure is involved.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.