“Showering or bathing at any time of the day is part of the minimum hygiene standard and is therefore also permitted at night” – this is how the Cologne district court decided.
If you live in an apartment building, you sometimes have a hard time with your neighbors. Pattering children's feet, the barking dog and people showering at night. I'm sorry, what? Are residents no longer allowed to shower or bathe after 10 p.m.?
Even if some people might like that, the situation when showering at night looks a little different:
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The fact check
According to the Cologne regional court, showering or bathing is part of the minimum hygiene standard at any time of the day and is therefore also permitted at night - regardless of whether neighbors can hear the noises or not (LG Cologne 1 S 304/96).
A bathing ban would be an inadmissible clause in the house rules and would result in unreasonable discrimination at the expense of the tenant. [§ 9 AGBG (now § 307 I, II BGB)]
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The Düsseldorf Higher Regional Court has also stated that noises caused by nighttime bathing or showering in an apartment building must generally be accepted as socially acceptable if the duration does not exceed 30 minutes. This decision came about in proceedings under the Administrative Offenses Act and is based on Section 9 I of the North Rhine-Westphalia State Immission Control Act. (World Cup 1991, 288)
Result:
Anyone who takes a shower or bath at night is allowed to do so!
According to the Düsseldorf Higher Regional Court, however, the process must not last longer than 30 minutes - at least in the 1991 ruling. The Cologne Regional Court reserved the right to answer the question of whether the restriction should be accepted in later rulings.
But if you want to take a shower at 1:20 in the morning, you can generally do that!
Sources: LG Cologne; Judgment of April 17, 1997 ; Kotz Law Firm ; Law firm of Prof. Schweizer
Article image: Shutterstock / Dmitry Tkachev
Notes:
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