German courts define music practice limits for tenants

Germany's Federal Court of Justice (Bundesgerichtshof) has issued guidelines for private musicians living in rental apartments. Daily practice may last two to three hours on weekdays and one to two hours on Sundays and public holidays, provided it occurs outside midday and night‑time quiet periods.

Noise limits are set at a maximum of 40 decibels during the day – roughly the sound of a ticking wall clock – and 30 decibels at night, comparable to rustling leaves. These thresholds aim to balance the tenant’s right to musical practice, protected under Article 6 of the German Basic Law, against neighbours’ right to quiet.

In one case, a family with four children playing instruments such as drums, tenor horn and saxophone recorded levels between 55 dB and 70 dB, exceeding the legal limit, yet the court dismissed the neighbours’ complaint due to insufficient evidence. Another incident involved a man celebrating his birthday with loud music after midnight; police detained him, but an administrative court ruled the custody was unlawful, stating that securing the music equipment would have sufficed.