"There is no right to complete silence."

"Music is often perceived as disturbing because it is associated with noise," wrote the poet Wilhelm Busch. And indeed, playing music at home is a frequent subject of legal disputes. When and for how long is it permissible to play music at home? And are professional musicians allowed to practice longer than amateur players? The Federal Court of Justice (BGH) in Karlsruhe ruled on this question at the end of last year.

The highly anticipated Federal Court of Justice (BGH) ruling followed a years-long dispute between terraced house neighbors in Augsburg. The defendant is a trumpet player at the local state theater. According to his own statements, the professional musician practices a maximum of three hours a day and only on two days a week, taking into account midday and nighttime quiet hours. He also teaches external students for two hours a week.

The residents of the neighboring terraced house found the noise level less than pleasant and took legal action. They demanded that their neighbor soundproof his walls so effectively that they could no longer hear anything, and they won their case in the local court. The musician appealed, and the regional court imposed strict conditions: he was only allowed to play on weekdays at specific times and for a maximum of ten hours per week in a practice room under the roof.

"Free development of personality"

The Federal Court of Justice (BGH) deemed this ruling too strict: Playing music must be possible within certain limits as a "common leisure activity." "There is no right to complete silence," explained Christina Stresemann, presiding judge of the Fifth Civil Senate of the BGH. Making music at home can be of "considerable importance for one's enjoyment of life and emotional well-being" and serves the "free development of personality.".

On the other hand, neighbors must also be allowed to use their apartments for rest and relaxation. When weighing the conflicting personal rights of neighbors, the perspective of a "reasonable average person" should be the benchmark, according to the Federal Court of Justice (BGH).

The compromise: Music-making was limited in time, but less rigidly than the Regional Court had stipulated. As a rough guideline, the Federal Court of Justice (BGH) specified two to three hours on weekdays and one to two hours on Sundays and public holidays – preferably in the attic – and in compliance with the usual quiet hours. This also applies to music lessons, which the Regional Court had prohibited, especially since the plaintiff found the students' playing particularly loud and disruptive.

Professional and amateur musicians are treated equally

The Federal Court of Justice (BGH) does not differentiate between professional and amateur musicians. A professional musician who plays their instrument at home has the same rights as an amateur musician.

The Federal Court of Justice (BGH) also emphasizes, however, that the extent of the noise, the type of music and instrument, as well as the local conditions, must be considered in each individual case. For example, a harp is naturally less noisy than a trumpet.

Other factors, such as the building structure and sound insulation on site, or any illnesses of the neighbor that require special consideration, must also be examined. The plaintiff attributed various psychosomatic ailments to the noise pollution.

Working out the specific details for a compromise now falls to the regional court. The plaintiff intends to continue fighting to have his neighbor soundproof a rehearsal room in his house so that both can live undisturbed, a request the defendant rejects as too costly due to the difficult structural condition of the older house.