The Content Of The Article:
The light of outdoor lights, street lamps or a neon sign is an immission in the sense of the Civil Code (§ 906 BGB). It only needs to be tolerated if it is a local immission that does not significantly affect the residents. For example, the District Court of Wiesbaden (Az 10 S 46/01) has granted an injunction under Section 1004 BGB in the event that an outdoor light permanently affects the nocturnal sleep of the neighbors.
Also, for example, a property owner could require the operator of a public street lighting, that a shield is erected (OVG Lüneburg, Az. 12 L 68/90). By the way, neighbors who are affected by the light can not be expected to take measures against the disturbing light source themselves - for example, by attaching shutters or curtains to their windows (LG Wiesbaden, Az. 10 S 46/01).
Sunlight as a natural phenomenon?
The owners of a ground floor apartment were repeatedly blinded on their terrace and in the living room by reflected sunlight from the roof windows of the neighboring house. They complained of omission before the higher regional court Stuttgart (Az.: 10 U 146/08). The court found that the reflections of light in this particular case are by no means a natural event to be tolerated by the claimants. It relied on an expert opinion. According to the court, the dazzling effect is due to the particular design of the skylight on the neighboring building. Therefore, the neighbors were condemned to avoid the unreasonable glare in the future by appropriate measures on the roof window.
The solution: LED technology
Thanks to LED technology, garden lighting becomes an environmentally friendly and neighborly thing
The development of LED technology - the so-called light-emitting diodes - has also revolutionized garden lighting. The classic light bulb is dying out, halogen lamps are used less and less and in a few years - experts predict - will shine in the garden only LEDs. The advantages are obvious: LEDs are very economical. They achieve up to 100 lumens of light output per watt, which is about ten times that of a classic light bulb. In addition, they have a long life, with high-quality LED lamps about 25,000 hours. Thus, together with the low energy consumption, the higher purchase price becomes poor.
Since LEDs are dimmable and can even time-controlled change their light intensity and color depending on the model, you can easily avoid legal problems with the installation of appropriate garden lights, without having to do without a nocturnal illumination of your garden.