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Aircraft noise protection; application for compensation for the impairment of the outdoor living area

Owners of properties in the noise protection zone of an airport can apply for compensation for adverse effects on the outdoor living area.

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Procedure details

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.

In the case of new or significantly expanded airfields, a claim for compensation for the impairment of the outdoor living area may arise. This applies 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 established or for which a building permit has already been issued before the noise protection zone is established. The same applies to structures that do not require a permit and whose construction could have begun before the noise protection zone was established. Further information on compensation for outdoor living areas can be found in the Third Ordinance on the Implementation of the Aircraft Noise Protection Act (Aircraft Noise Outdoor Living Area Compensation Ordinance - 3rd FlugLSV).

The responsible authorities in Bavaria are

  • Government of Upper Bavaria - Air Authority 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.

Compensation is determined on application by the owner. This must be submitted to the responsible aviation authority. The application can be made informally.

Status: 13.09.2024
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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