Neighborhood disputes: What can you do?

There are three main reasons for neighborhood conflicts: Noise, boundary disputes and house and garden maintenance.

• Loud noise such as music, parties or renovation work is often perceived as disturbing the peace. Special consideration applies during the statutory rest periods – usually between 10 p.m. and 7 a.m. and on Sundays and public holidays. 
• Boundary and property disputes usually arise from unclear boundary lines or because one of the neighbors erects fences, hedges or buildings or plants trees close to the boundary. 
• House and garden maintenance issues usually involve conflict over use and maintenance of communal areas or storage of private items in the building entrance or hallway. Conflicts can also arise over garbage or general cleanliness.

• The Swiss Civil Code (Article 679) states: Neighbors who suffer damages because a landowner exceeds their property rights can demand compensation from the landowner – or they can demand that the damage be remedied. Article 684 prohibits homeowners and tenants from disturbing their neighbors beyond the permissible level, for example, with odors, noise or air pollution. In the event of violations, the neighbor can sue to have the nuisance rectified. Article 688 stipulates that the cantons may determine certain boundary distances for trees and shrubs. And the section from Article 712a onwards governs cohabitation between condominium owners.
• In addition, there are cantonal building laws and ordinances with specific rules for boundary distances, fences, hedges and construction measures. Finally, municipalities often also issue additional regulations and guidelines, for example, for quiet periods, waste disposal and the use of communal areas.
• Tenancy law is enshrined in the Swiss Code of Obligations and governs the rights and obligations of tenants and landlords. Among other things, Article 257f stipulates that tenants must show consideration for their neighbors. Article 259a states that deficiencies caused by neighbors, such as noise or odors, can trigger a rent reduction or other deficiency rights.
• Building law deals, among other things, with construction permits and regulations set by building inspection departments regarding the safety of buildings. This can likewise affect the interests of neighbors.

• There is no straightforward answer to this question. According to the Swiss Civil Code, excessive effects and immissions must be avoided. 
• What that means is that anything an average neighbor would not find disturbing is generally permitted. This includes, for example, eating and barbecuing on the balcony or terrace. However, barbecuing with extreme smoke and strong odors goes beyond the usual level and does not have to be accepted.
• There may be special instructions in the house rules or in the rental agreement, such as a ban on charcoal because it produces a lot of smoke.

Neighborhood conflicts can be really expensive for both tenants and homeowners. 

• Legal costs include lawyers' fees, court costs and mediation costs.
• Under certain circumstances, there may be claims for compensation, for example if a falling tree damages a car. Fines can also be imposed independently of neighborhood disputes, for example, if someone has violated building regulations or municipal ordinances.
• A conflict may result in damage to your own or neighboring property that needs to be repaired. It is often necessary to rebuild something in order to resolve boundary disputes, for example. This, too, can be costly.
• There may even be a fall in the value of the property if ongoing or unresolved neighborhood disputes deter potential buyers.

• As a first step, it is helpful to try and talk to your neighbor directly. Accusations and allegations only escalate the conflict further. It may be more effective to describe the effects of the behavior, for example, interrupted sleep due to noise at night. It is also important to remain objective and respectful during the conversation and to take the other person's needs seriously. 
• It is not about pushing through a certain position by hook or by crook, but rather about fulfilling the underlying need: If your neighbor would like to play the piano at midnight, but you want to sleep, he does not necessarily have to stop playing music. He could also buy an electric piano with headphones so that you no longer hear his music. So perhaps a compromise can be found that both sides can live with.
• With mediation, too, the goal is to find a solution together without one party losing face. A neutral mediator is called in to help here. With neighborhood disputes in particular, mediation is often worthwhile and suitable, since it gives all parties in the conflict the chance to come up with a solution together and stand up for their interests. This way, the conflict can also be better resolved on an emotional level. In addition, mediation is usually much cheaper than court proceedings. 
• If mediation is not successful, it may be possible to reach a settlement via an arbitration board or ombudsman's office.
• If a conflict cannot be resolved over a prolonged period, it is important to document deficiencies or incidents so that there is evidence of the problem if required. A written request can also be useful if problems persist.

Mediation is almost always the best solution for neighborhood disputes. Only when all extrajudicial measures have failed should a conflict be brought to court. 

• Legal disputes can be very expensive.
• The court's decision is binding for both parties to the dispute and must be accepted, even if the result is not what was hoped for.
• The relationship between neighbors is usually shattered after a court case, and peaceful coexistence is almost impossible.

• Legal protection insurance covers the costs of legal advice, the lawyer's fee and the procedural fees in a court case, as well as the costs of mediation. The insurance can reduce the financial pressure and help to ensure that either an amicable solution is found or at least that the rights of the insured person(s) are effectively represented in court proceedings.
• Liability insurance protects you within the scope of the insured benefits against the financial consequences if you cause damage to neighbors through your own fault or negligence. For example, it pays for falling trees and also for water damage caused by leaking pipes. Many conflicts can be resolved quickly and effectively with such a payment.

The best prevention is to seek and then maintain a positive relationship with your neighbors, because if you get on well, you can resolve differences of opinion constructively. Further tips for preventing neighborhood disputes:

• Be helpful with everyday matters. You could water the flowers, for example, or feed the cats when the neighbors are away. This is how you build trust.
• Try to be considerate and adhere to the rules and regulations of the building or community. 
• If you have children, you should always speak with respect about the neighbors and encourage your children to be polite, too. This will ensure that your children behave respectfully and can prevent many points of conflict.
• Show your appreciation with Christmas cards, birthday greetings or a quick chat on the doorstep.
• If major changes are imminent, such as renovation work or gardening projects, you should actively inform your neighbors and explain the planned measures. Sometimes this makes it possible to find viable compromises in advance.

• Swiss Association of Tenants
• Federal Office of Justice 
• Mediation Switzerland
• Orion Legal Services: Also offers legal advice or mediation in preventive cases (no policy with Orion required).
• Swiss Homeowners Association (HEV)
• Cantonal arbitration authorities