Aircraft noise protection; application for reimbursement of expenses for noise protection measures
Owners of property in the noise protection zone of an airport can apply for reimbursement of expenses for structural noise protection measures.
The claims arise from the Aircraft Noise Protection Act (FluLärmG) in conjunction with the location of land or buildings within protection zones.
The FluLärmG defines three protection zones within a noise protection area; two protection zones for the day (day protection zone 1 and day protection zone 2) and one protection zone for the night (night protection zone). The noise protection zone comprises the area outside the airfield site. The noise protection zone for the respective airfield is determined by an ordinance of the state government.
There may be a claim for reimbursement of expenses for noise protection measures, provided that the property is located within the day protection zone 1 and/or the night protection zone of the noise protection area. The claim for reimbursement of expenses for structural noise protection measures only exists for such structural facilities which have already been erected at the time of the determination of the noise protection zone or for which a building permit has already been granted before the determination of the noise protection zone. It also applies to structures that do not require a building permit and whose construction could have been started before the noise protection zone was defined.
In principle, expenses for structural improvements to the noise protection of enclosure components of residential rooms that reduce the effects of aircraft noise are reimbursable. Enclosing components of residential rooms are, in particular, walls including windows, doors, roller shutter boxes or other individual surfaces, roofs and ceilings enclosing residential rooms. In the case of structures located within the night protection zone, only expenses for sound insulation measures in rooms used for sleeping to a not insignificant extent, including the installation of ventilation systems, shall be reimbursed. However, only the costs that are necessary to achieve the legally prescribed building sound insulation level are eligible for reimbursement. The building sound insulation measures to be achieved are specified in tables in § 3 Para. 1 of the Second Ordinance for the Implementation of the Aircraft Noise Protection Act (Airfield Noise Protection Measures Ordinance - 2nd Aircraft Noise Protection Ordinance - 2nd Aircraft Noise Protection Ordinance), staggered according to certain continuous sound level ranges. These continuous sound level ranges are shown in maps for the respective airfield. Depending on the geographical location of the building, the existing continuous sound level range can be read from the map and the building sound insulation level can be determined from it using the tables from § 3 Para. 1 of the Second Ordinance for the Implementation of the Aircraft Noise Protection Act (Aircraft Noise Protection Measures Ordinance - 2nd Aircraft Noise Protection Ordinance - 2nd Aircraft Noise Protection Ordinance). The claim for reimbursement is limited to the costs for the initial installation; costs for the maintenance and renewal of the noise protection will not be reimbursed. Only expenses that have actually been incurred will be reimbursed. The measures must have been taken after the noise protection area was defined. The claim also includes ancillary services such as the costs for the determination of the necessary sound insulation measures to achieve the statutory building sound insulation measures by appropriate experts and the work required for the removal and installation, including plastering and painting work. The maximum amount is limited to 150 euros per square metre of living space.
The responsible authorities in Bavaria are
- Government of Upper Bavaria - Southern Bavarian Aviation Office for the administrative districts of Upper Bavaria, Lower Bavaria and Swabia
- Government of Middle Franconia - Air Office North Bavaria for the administrative districts of Upper, Middle and Lower Franconia and the Upper Palatinate.
After hearing the parties involved (payee and payer), the competent authority shall determine by written decision the amount of the expenses to be reimbursed.
The airport company is obligated to pay the reimbursement of expenses as soon as the competent aviation authority has issued a corresponding notice in which the amount to be paid has been determined. The decision will be served on the parties concerned.
Reimbursement of expenses is made upon application by the owner. This must be submitted to the responsible aviation authority. The application can be made informally.
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited