Why is the lunch break from 12 noon to 1 p.m.
Midday rest: times and legal regulations?
Drilling at lunchtime, vacuuming shortly before 1 p.m., mowing the lawn on Sundays - almost everyone who lives in an apartment building will have been upset about noise at some point. But what about the “afternoon rest”? Are there statutory rest periods that specify when mowing the lawn or loudly listening to music is allowed? In our guide you will find all the important information about statutory rest times and midday rest.
Time and again tenants, landlords and neighbors argue about noise pollution. Many of these disputes end in court. In everyday life, the belief has become established that there is a legally regulated midday rest that forbids noise at certain times during the day, around 12 p.m. to 3 p.m. But what is it about the myth?
In the following video we briefly show you all information about rest times in Germany:
Midday rest: times for mowing the lawn, drilling and more - is there such a thing?
Indeed there is no statutory afternoon rest. A generally applicable law would also hardly be feasible, after all, a lot of work, e.g. B. renovation work on buildings or construction work on roads can not be carried out easily.
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- Nevertheless, there are areas in which to take a midday rest and noise must be avoided at certain times.
- This afternoon rest can from the property management be committed and is in the lease anchored.
- The federal states and municipalities are also in favor of the regulation of rest periods in their areas responsible. As a rule, there is one general night's rest from 10 p.m. to 6 a.m. or 7 a.m.. Special noise regulations also apply on Sundays and public holidays. In certain federal states, there is also a ban on dancing on some public holidays, such as Good Friday in North Rhine-Westphalia.
- There may be additional ordinances in health resorts that stipulate a period of rest between 12 noon or 1 p.m. and 3 p.m.
- When asked about the times for a midday rest, you should take a look at your own rental agreement.
- Here or in the house rules there are usually provisions.
- Usually, according to the rental agreement, there is a midday break of on weekdays, including Saturdays 12:00 p.m. to 3:00 p.m..
- No loud, avoidable activities should be carried out within this period of time. This includes playing loud music, playing instruments or doing manual work such as drilling and hammering.
- Even during this time, however, absolute silence is not prescribed. Noises Room volume must be accepted by other residents.
- If such a passage is missing in the rental agreement, the landlord should be consulted. On a law on midday rest however, one cannot then appeal.
- The regulation of the midday rest only applies to the respective building of the landlord. If, for example, no quiet at lunchtime is specified in the rental agreement in the neighboring building, there is not much that can be done.
- The Machinery Noise Protection Ordinance also stipulates which machines may not be used in residential areas on Sundays and public holidays and at lunchtime on working days. These include B. lawn mowers or chainsaws. However, there are exceptions here, if z. B. the use of the machine is necessary to avert a danger.
In the "Ordinance for the Implementation of the Federal Immission Control Act" it says in §7:
“In pure, general and special residential areas (...) are allowed outdoors
- Devices and machines according to the appendix are not operated all day on Sundays and public holidays and on working days from 8:00 p.m. to 7:00 a.m.,
- Devices and machines according to Appendix No. 02, 24, 34 and 35 are not operated on working days, even between 7 a.m. and 9 a.m., from 1 p.m. to 3 p.m. and from 5 p.m. to 8 p.m., unless for the devices and machines the community eco-label according to Articles 7 and 9 of Regulation No. 1980/2000 of the European Parliament and of the Council of July 17, 2000 on the revision of the community system for awarding an eco-label (OJ EC No. L 237 p . 1) has been awarded and they are marked with the eco-label according to Article 8 of Regulation No. 1980/2000 / EC. "
Midday rest: Times are not regulated by law nationwide
If a contractually stipulated midday rest is violated, there may be an administrative offense. This can e.g. B. with a Fine or a warning be punished by the landlord. If the landlord does not take care of the elimination of the noise, a rent reduction can be in the room. For this, however, it is generally assumed that other residential parties report the incidents to the landlord or the housing company. In addition, the disturbance of the midday rest must be permanent and recur. A noise log should be drawn up to provide evidence. In this the faults are documented with the date and time. Witnesses, especially neighbors, should be listed there. In the event of a permanent disturbance of the domestic peace, the troublemaker threatens a warning or even a termination of the rental agreement.
At the same time, however, according to tenancy law, noise from children or showering at night must be tolerated within a reasonable framework. Vacuuming is also generally allowed on Sundays, but you shouldn't spend hours chasing the finest grains of dust in the parquet floor to the annoyance of the neighbors.
Image source: Javier Brosch, oYOo, Voyagerix
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