Aircraft noise protection; application for compensation for the impairment of the outdoor living area
Owners of properties in the noise protection area of an airport can apply for compensation for adverse effects on outdoor living space.
Description
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.
In the case of new or significantly expanded airfields, a claim for compensation for the impairment of the outdoor living area may arise. This occurs if the property is located in day protection zone 1 and the structures have already been erected at the time the noise protection zone is defined or for which a building permit has already been issued before the noise protection zone is defined. The same applies to structures that do not require a building permit and whose construction could have begun before the noise protection zone was defined. More detailed information on compensation for outdoor living areas can be found in the Third Ordinance on the Implementation of the Aircraft Noise Act (Aircraft Noise Outdoor Living Area Compensation Ordinance - 3. FlugLSV).
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.
Procedure
Compensation is determined upon application by the owner. This application must be submitted to the responsible aviation authority. The application can be made informally.
Forms
Please select a location in "Localization" so that the address of the responsible authority can be filled in.
Links to more information
Status:02.08.2023
Responsible for editing:Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Form, Bavaria-wide
- Form, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
- Legal bases, locally limited
- Fees, Bavaria-wide
- Fees, locally limited
If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.