
Report noise pollution
Whether sounds are perceived as noise depends, among other things, on personal perception, the source and cause of the noise.
Depending on the source and type of noise, different legal regulations and responsibilities apply. Here we provide information on typical sources of noise, rights / obligations and the relevant contact persons.
Details
Typical sources of noise and the corresponding legal regulations are outlined below.
Construction sites
Building owners and contractors are obliged to set up and operate a construction site in such a way that significant noise nuisance is prevented and unavoidable noise is kept to a minimum, insofar as this is possible according to the state of the art.
The construction machinery and vehicles used must comply with the statutory regulations on noise reduction in accordance with the Equipment and Machinery Noise Protection Ordinance (32nd BImSchV)(link is external).
Noise-intensive construction work must be ruled out between 8 p.m. and 7 a.m. in order to preserve the peace and quiet at night. Area-specific noise immission guide values apply in accordance with the General Administrative Regulation for Protection against Construction Noise(link is external).
The lower immission control authority must be notified ofany construction work required at night, e.g. on traffic routes .
On Sundays and public holidays, the Thuringian Public Holidays and Memorial Days Act (ThürFGtG(link is external)) prohibits all publicly noticeable activities that impair external peace and quiet or that contradict the nature of the Sunday or public holiday. This also includes unnecessary disturbances, in particular due to noise generated by construction sites. However, exceptions can be granted in accordance with § 7 ThürFGtG. These must be applied for at the Municipal Order Department (Trade and Industry Affairs, gewerbe@jena.de(link sends email)).
Equipment and machinery
The permitted operating times for certain equipment and machines (e.g. lawnmowers) areregulated in the Equipment and Machine Noise Protection Ordinance (32nd BImSchV)(link is external) .
For example, motorized gardening equipment such as
- lawn mowers
- hedge trimmers
- motorized chain saws
- motor hoes
- scarifiers
- shredders
may only be operatedin residential and similar noise-protected areas on working days (Mon - Sat) from 07:00 - 20:00.
For
- brush cutters
- Grass trimmers / grass edge trimmers
- Leaf blowers
- Leaf collectors
are also subject to special operating hours. They may only be operated on working days between 09:00 - 13:00 and 15:00 - 17:00.
If you feel disturbed by noise from the neighborhood, we recommend that you first contact the person causing the noise in order to maintain good neighborly relations. If you require further information and/or coordination, you can contact the Lower Immission Control Authority of the City of Jena (see contact persons).
Trade, industry
Noise emanating from commercial and industrial operations is assessed in accordance with the Technical Instructions on Noise Abatement(TA Lärm(link is external)).
Noises that are attributed to a plant or business are, for example, noises from machines or ventilation systems, but also from delivery traffic and loading work. These noises must not exceed the area-related noise immission guide values in accordance with TA Lärm.
Restaurants
Restaurants (pubs and restaurants, accommodation establishments, discotheques, etc.) are subject to the provisions of the German Restaurant Act(link is external) and the regulations of the Federal Immission Control Act (BImSchG)(link is external) on facilities that do not require a permit. Operator obligations such as the avoidance of harmful environmental impacts, insofar as this is possible with state-of-the-art measures, and the limitation of unavoidable harmful environmental impacts to a minimum are enforced through conditions, shortening of the closing time and revocation of the permit in accordance with the Restaurant Act. The BImSchG is substantiatedby the Technical Instructions on Noise Protection (TA Lärm(link is external)). Although outdoor catering is not subject to the requirements of the TA Lärm, it is used as a source of information.
Sports facilities
Protection against harmful environmental impacts caused by noise from sports facilities is regulated by the Sports Facilities Noise Protection Ordinance (18. BImSchV)(link is external). In addition to area-related immission guide values, the ordinance also contains the associated determination and assessment procedure.
Leisure facilities
Leisure activities usually take place at a time of day when others are enjoying their well-earned rest. This often leads to conflicts with the neighborhood. Leisure facilities do not require a permit under the Federal Immission Control Act (BImSchG).
In Thuringia, the LAI's Leisure Noise Guideline(link is external) should be used to assess the noise emitted by leisure facilities.
Heat pumps
The demand for alternative heating systems has risen sharply in recent years. In densely populated areas, air/water heat pumps can generate relatively high noise levels in the surrounding area due to their noise sources in the form of compressors, fans and piping, depending on the type and installation method (indoor or outdoor installation), and thus lead to complaints from neighbors.
Heat pumps are systems that must be installed and operated in accordance with Section 22 of the Federal Immission Control Act and assessed in accordance with the Technical Instructions on Noise Abatement (TA Lärm(link is external)). The operators (building owners) of the heat pump system are responsible for compliance with the area-related immission guide values, including any existing noise pollution.
Road traffic noise / rail traffic noise
In traffic noise protection for public roads, a distinction is made between noise prevention (avoiding unacceptable noise pollution when building new roads or making significant changes to existing roads) and noise remediation (reducing existing noise pollution on existing roads).
If traffic routes are newly built or significantly altered, the requirements of the Traffic Noise Protection Ordinance (16th BImSchV(link is external)) must be observed.
Noise protection measures are necessary if the determined rating level exceeds the permissible limit value or the criterion of a significant change is fulfilled (noise precaution). The rating level(link is external) is calculated from the average daily traffic volume and other influencing factors, such as the road surface and the maximum permitted speed.
There is no legal entitlement to noise protection for traffic routes that have not been structurally altered (old facilities).
Noise abatement is carried out as part of the city of Jena's noise abatement planning. Measures that can be considered include, for example , roadway rehabilitation, speed reductions on highly congested road sections, but also the promotion of eco-mobility . If complaints about nuisance caused by traffic noise accumulate, the average exposure is usually calculated and measures are examined and weighed up internally. The measures should be suitable for achieving an improvement for local residents and at the same time guarantee the function of the road.
Inquiries or complaints about traffic noise pollution are received by the lower immission control authority and forwardedto the traffic organizationteam if necessary.
The Federal Railway Authority (EBA) - Erfurt branch office(link is external) is the point of contact for noise from railroads.
Opening hours
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Legal basis
Construction sites
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Equipment and Machinery Noise Protection Ordinance (32nd BImSchV)(link is external)
- General Administrative Regulation for Protection against Construction Noise (AVV Baulärm)(link is external)
- Thuringian Public Holiday and Memorial Day Act (ThürFGtG)(link is external)
Equipment and machinery
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Equipment and Machinery Noise Protection Ordinance (32nd BImSchV)(link is external)
Trade, industry
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Technical instructions for protection against noise (TA Lärm)(link is external)
Restaurants
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Hospitality Act (GastG)(link is external)
- Thuringian Restaurant Act (ThürGastG)(link is external)
- Technical instructions for protection against noise (TA Lärm)(link is external)
- Ordinance on the general extension of the closing time within the center of the city of Jena for types of business within the meaning of § 5 para. 2 no. 3 Thuringian Restaurant Act (Sperrzeit-VO)
- Ordinance on the maintenance of public safety and order in the city of Jena
Sports facilities
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Sports facilities noise protection ordinance (18th BImSchV)(link is external)
Recreational facilities
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Leisure noise guideline of the LAI(link is external)
Heat pumps
- § Section 22 of the Federal Immission Control Act (BImSchG(link is external))
- Technical instructions for protection against noise (TA Lärm)(link is external)
Road traffic noise / rail traffic noise
- Directive for road traffic measures to protect the public from noise (Noise Abatement Directive-StV)
- Traffic Noise Protection Ordinance (16th BImSchV)(link is external)