Children's noise from the neighborhood: what you have to accept

Children's noise enjoys special protection in Germany: the sounds of playing children as a rule do not count as a harmful environmental effect. You therefore largely have to accept them. Limits exist only in quite exceptional, avoidable burdens, for example not from the children themselves but from the inconsiderate behavior of adults.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Create a letter to your neighbor →

Your chances of getting your money back

Sound effects caused by children (play, noise from daycare centers, playgrounds) are legally privileged and as a rule not a harmful environmental effect (§ 22 Abs. 1a BImSchG). They are in principle to be accepted.

The privilege applies to childlike behavior. Avoidable noise by adults or behavior that exceeds any reasonable level is not automatically covered by it, here consideration can be demanded in individual cases.

What you should do now

1
1. Categorize
Clarify whether it is really about children's noise (privileged) or about avoidable noise by adults.
2
2. Seek a conversation
In the case of particular burdens, a friendly conversation and amicable consideration often help.
3
3. Act only in exceptions
Legal steps against pure children's noise have little prospect. They come into consideration only for clearly unreasonable, non-privileged burdens.
4
4. Composure
Children's noise is part of neighborly coexistence. The law deliberately protects it.

How to spot the scam

You confuse privileged children's noise with avoidable adult noise.
It concerns behavior that exceeds any reasonable level.
An escalation threatens to permanently strain the neighborly relationship.

Frequently asked questions

Do I have to accept children's noise?

As a general rule, yes. The sounds of playing children, including from daycare centers and playgrounds, are legally privileged and in principle do not count as a harmful environmental effect (§ 22 Abs. 1a BImSchG). They are largely to be tolerated.

Are there any limits at all?

The privilege applies to childlike behavior. Avoidable noise by adults or behavior that exceeds any reasonable level is not necessarily covered by it. In such exceptional cases, consideration can be demanded.

Can I take action against a new playground?

The prospects of success are slim, because children's noise is deliberately privileged. Playgrounds in residential areas are in principle permitted. Only in rare exceptional cases with special circumstances can something else apply.

Take action now

We put together the ready-made texts and the right places to contact for you.

Create a letter to your neighbor Check a suspicious message

More help: Emergency by phone · Act together · Right to a lawyer · All guides

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.