Aircraft noise protection; application for reimbursement of expenses for noise protection measures

Owners of properties in the noise protection area of an airport can apply for reimbursement of expenses for structural noise protection measures.

Formloser Antrag (mit Unterschrift)
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This form can be submitted electronically (e.g. via a secure contact form using your user account with login via the electronic ID function or the ELSTER certificate) or handwritten and signed in paper form to the responsible authority.

Sie können die Behörde auf sichere Weise kontaktieren

Secure contact form

Street address

Heßstr. 130
80797 München

Postal address

80534 München

Mehr zur Behörde

The claims arise from the Aircraft Noise Protection Act (FluLärmG) in connection 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 area comprises the area outside the airfield site. The noise protection zone for the respective airfield is determined by an ordinance issued by the state government.

There may be an entitlement to reimbursement of expenses for noise protection measures if the property is located within the day protection zone 1 and/or the night protection zone of the noise protection area. The entitlement to reimbursement of expenses for structural noise protection measures only applies to structures that have already been erected at the time the noise protection zone is established or for which a building permit has already been issued prior to the establishment of the noise protection zone. It also applies to structures that do not require a permit and whose construction could have begun before the noise protection area was established.

In principle, expenses for structural improvements to the soundproofing of the surrounding components of recreation rooms that reduce the impact of aircraft noise are eligible for reimbursement. Surrounding components of common rooms are, in particular, walls including windows, doors, roller shutter boxes or other individual surfaces, roofs and ceilings that enclose common rooms. In the case of structures located within the night protection zone, only expenses for noise protection measures in rooms that are used for sleeping to a significant extent, including the installation of ventilation equipment, will be reimbursed. However, only the costs required to achieve the legally prescribed building sound insulation level are eligible for reimbursement. The building sound insulation values to be achieved are specified in tables in Section 3 (1) of the Second Ordinance on the Implementation of the Act for Protection against Aircraft Noise (Airfield Sound Insulation Measures Ordinance - 2nd FlugLSV), staggered according to specific continuous sound level ranges. These continuous sound level ranges are shown in maps for the respective airfield. Depending on the geographical location of the structure, the existing continuous sound level range can be read from the map and the building sound insulation index can be determined using the tables from Section 3 (1) of the Second Ordinance on the Implementation of the Aircraft Noise Protection Act (Aircraft Noise Protection Measures Ordinance - 2nd FlugLSV). The claim for reimbursement is limited to the costs for the initial installation; costs for the maintenance and renewal of the noise protection are not reimbursed. Only expenses that have actually been incurred will be reimbursed. The measures must have been carried out after the noise protection area was established. The claim also includes ancillary services such as the costs for determining the necessary sound insulation measures to achieve the statutory building sound insulation values 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 - Air Office of Southern Bavaria 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 the amount of reimbursable expenses by written notice.

The airport company is obliged to pay the reimbursement of expenses as soon as the competent aviation authority has issued a corresponding decision in which the amount to be paid has been determined. The decision will be sent to the parties involved.

Reimbursement of expenses is made on application by the owner. This must be submitted to the responsible aviation authority. The application can be made informally.