Neighbourhood: Rights, responsibilities and getting on well with one another
If you get on well with your neighbours, life is much more relaxed. But what rules apply to private barbecues, garden seating areas, or trees and hedges – and how can conflicts be resolved?
The days are getting longer, the temperatures are rising – and people are once again drawn out onto their balconies or into their gardens. It is precisely here that it quickly becomes apparent: good neighbourly relations cannot be taken for granted. Barbecue evenings on the terrace, but also children playing, pets, noise, smoking or the layout of the garden can quickly become a source of discussion. This makes it all the more important to know the rules for harmonious coexistence, particularly in block-of-flats. A quick look over the fence.
Consideration as a fundamental principle
What applies between neighbours? Central to this is Article 684 of the Swiss Civil Code (ZGB). This obliges everyone to refrain from causing excessive disturbance to neighbouring properties. This includes, in particular: noise, smoke, odours, vibrations or the obstruction of light or sunlight, for example by trees or walls. However, the law does not provide an exhaustive definition of what specifically constitutes ‘excessive’. The decisive factors in each case are the specific circumstances, local custom and whether the nuisance is objectively unreasonable.
Condominium ownership: a community with rules
In flat ownership, additional rules apply. Many areas of a property are owned jointly by all owners – for example, the stairwell, the façade, the roof or green spaces. Accordingly, clear regulations are needed to ensure coexistence that is as free from conflict as possible. The house rules, the condominium regulations and the resolutions of the owners’ meeting play an important role in this regard. For example, the house rules specify the quiet hours, how communal areas may be used, whether and how barbecues are permitted, what is allowed in the stairwell, and what rules apply to pets. With regard to the stairwell and the car park, the fire safety requirements and the escape route regulations set out by the cantonal building insurance authority must also be taken into account.
Is barbecuing allowed? The house rules provide guidance
House rules – including for rented properties – often contain specific restrictions on barbecue times or the use of certain types of barbecue. It is common for only a gas barbecue to be permitted. If a barbecue party goes on past 10 pm, care should be taken to keep the noise down to a reasonable level. It is also advisable to inform neighbours in advance.
Quiet hours and noise
In many cantons, general quiet hours apply – often between 10 pm and 6 or 7 am. During this time, noise levels should generally be kept to a minimum. Even without explicit rules in the house rules, mutual consideration and common sense are crucial. Mowing the lawn on Sundays and public holidays is generally prohibited almost everywhere in Switzerland. On Saturdays, however, this is usually permitted.
Garden seating areas: special use with limitations
A common misconception concerns garden seating areas in block-of-flats. Even if individual owners have been granted an exclusive right of use, the garden always remains communal property.
In legal terms, this is referred to as a right of exclusive use: individual owners may use certain communal areas exclusively, but are not permitted to make significant alterations to them without the consent of the owners’ association. The following are normally permitted: garden furniture, parasols, portable barbecues or flower pots. For more substantial alterations, however, the community’s consent is usually required.
Trees, hedges and property boundaries
Disputes between neighbours often centre on trees and shrubs. The statutory minimum distances vary from canton to canton. In the Canton of Bern, for example, the following guidelines apply: tall trees such as firs or lime trees must be at least five metres from the property boundary; fruit trees must be at least three metres away. If these distances are not maintained, the neighbour may, under certain circumstances, demand that the tree be removed, though only within specific time limits. If a tree stands directly on the property boundary, it is generally considered to be jointly owned by both neighbours. Decisions regarding felling must therefore be made jointly. There is, however, no general maximum height for trees. Problems only arise when a tree, for example, causes significant shading, damp or other unreasonable nuisances.
Resolving conflicts at an early stage
Most neighbourhood disputes do not arise from malicious intent, but from differing views on consideration and everyday life. Therefore, a face-to-face conversation is almost always the best first step. Many problems can be resolved easily if they are addressed early on and in a matter-of-fact manner. In the context of flat ownership in particular, it is advisable to resolve conflicts bilaterally first, before involving the entire owners’ association. If necessary, mediation may also be a sensible option. Legal action, on the other hand, should remain the exception wherever possible, because: ‘Even if a legal resolution is reached, that doesn’t necessarily mean the conflict has been resolved on a personal level,’ says Thomas Graf, an experienced estate agent from Bern. This can put a lasting strain on neighbourly relations, particularly in block-of-flats ownership, where people live door-to-door in the long term.
In most cases, neighbourly relations work out
Despite all the potential sources of friction between neighbours: finding the right home for you is, in the vast majority of cases, a source of great and lasting joy – good neighbourly relations included! The team at thomasgraf ag will be happy to advise you on any questions you may have regarding the purchase of your dream property or the sale of a property. thomasgraf ag is a certified member of the Swiss Chamber of Estate Agents (SMK). Thanks to our close cooperation with the asset manager and family office service provider TRIONINVEST, as well as the financial services provider hypolino ag, we offer you a combined expertise in property and finance, many years of industry experience and a strong network.