Fragen & Antworten

The neighbouring rights (rights and duties of property owners amongst each other) is comprehensively regulated by law.

Basically, a consideration duty applies and exposures that are typical for the location, such as the noise of playing children or the crowing of a rooster in the countryside, must be accepted by every property owner as long as it does not exceed the usual extent and does not considerably impair the use of the property. In the event of a considerable impairment of use, the neighbours can be asked to end the disturbances and to reimburse suffered damages. It is also possible to proceed against the neighbour, if he/she withdraws air or light with plants, which causes an intolerable impairment. Should digging work on the adjacent property cause a danger of collapse of one´s own property, there are injunctive reliefs and claims for compensations against the neighbour. However, there are no injunctive reliefs against an officially authorised installation, but only claims for compensation. Regarding possible building activities on the neighbouring property, the building regulations grant the owners of neighbouring properties party status, as long as their subjective-public rights (rights which serve the protection of public interests and the neighbours´ protection) are affected.