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 defined by an ordinance of the state government.
There may be a claim for reimbursement of expenses for noise abatement measures if 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 abatement measures exists only for those structural facilities that have already been erected at the time of the determination of the noise protection zone or for which a building permit has already been issued prior to 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 area was defined.
In principle, expenses for structural improvements to the noise protection of enclosure components of living quarters that reduce the effects of aircraft noise are reimbursable. Enclosing components of living spaces are, in particular, walls including windows, doors, roller shutter boxes or other individual surfaces, roofs and ceilings that enclose living spaces. In the case of structures located within the night protection zone, only expenses for noise abatement measures in rooms that are used for sleeping to a not insignificant extent, including the installation of ventilation systems, are reimbursed. However, only the costs required to achieve the legally prescribed building sound insulation level are eligible for reimbursement. The building sound insulation levels to be achieved are specified in tables in Section 3 (1) of the Second Ordinance on the Implementation of the Aircraft Noise Act (Airfield Noise Protection Measures Ordinance - 2nd Aircraft Noise Protection Ordinance - 2nd Aircraft Noise Protection Ordinance), staggered according to specific continuous sound level ranges. These continuous sound level ranges are shown in maps for the respective airfield. Depending on the geographic location of the building, the continuous sound level range can be read from the map and the building sound insulation level can be determined using the tables in Section 3 (1) of the Second Ordinance on the Implementation of the Aircraft Noise Protection Act (Ordinance on Aircraft Noise Protection Measures - 2nd Aircraft Noise Protection Ordinance - 2nd Aircraft Noise Protection Ordinance). The claim for reimbursement is limited to the costs of initial installation; costs for maintenance and renewal of the noise abatement system 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 removal and installation, including plastering and painting work. The maximum amount is limited to 150 euros per square meter of living space.
The responsible authorities in Bavaria are
- Government of Upper Bavaria - Southern Bavaria Air 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.