I live on the first floor of a 4 story residential apartment block, in a residential area. A new restaurant has just opened which takes up the ground floor and the outside paved area outside the front of the building. Both rooms of my apartment are now directly over the outside patio, I can look out and drop things directly on people heads if I wanted too!
I don`t have a problem with the restaurant itself, but the outside area, which last night had people there drinking until 2am and was load enough that I could hear people laughing and talking as if they were in my room. The patio also has the main entrance to the building, so you have to walk almost through the restaurant outside area. I don't want to be a kill joy, but I couldnt sleep through that even with ear plugs!
I want to find out what my rights are, and what is normal in switzerland in terms of noise from restaurant. If its not allowed, what can i do about it?
Thank you!
This morning I noticed that they have also put up fixed standing umbrellas about 3-4m high on the front area, directly in front of my bedroom window. One of these umbrellas obscures the view out of my bedroom window, cutting off the bottom 0.5m so all i can see is white. Is this allowed?
And it was not there when you moved in ? Good luck I always drink my beer quitley
No it wasnt there when I moved in. the ground floor has been empty for the past 18 months
Complain to the city call the cops
Hi,
I sympathize, we had this problem in our old flat, I could even hear the waiters knocking out the coffee dregs at 5 am when they opened!
I would advise having a word with the owner, as this would be the neighbourly thing to do.
If this doesn't work, you could complain to the police about the late night noise, each town has its noise regulations, so the police will know this.
The problem is that you should have complained when the building/business transformation went through the planning stages, it's at this point when neighbours can complain, refuse and make comment to the council concerning their worries or objections.
So, as of now, the first 2 options would be as I suggested above, owner, then police.
Hopefully you won't then need to go any further!
Good luck!
I'd first talk to the manager- the issue with parasols cutting your view seems clear and out of order. Same for the noise. But then I'd go to the owner of the building/regie/agency- with first seeking out the support of other tenants affected- and then if no joy, the Gemeinde rather than police.
I really do feel for you- we lived next to a pub for 30 years without any problems whatsoever- then the brought in the smoking ban and put a smoking area at the side of the pub quite close to our bedroom window- and the nightmare began. We just had to sell up and move as we were the only people affected and the authorities just wouldn't listen. People would buy drinks at closing time, and then go and sit outside in smoking area till very late- it was awful.
Won't be easy, as the empty premises downstairs were probably ear-marked for a restaurant before you moved in. Good luck.
BTW laws about opening hours are all very local- you for this you really need to check the regulations for your Gemeinde.
Consider joining the Mieterverband (tenant's association). They can tell you your rights, and help you talk to the owner and/or restaurant folks.
As a Publican here in the CH... here's some help.
Firstly, most Kantons have strong drinking and licence laws! Most have a curfew of Midnight thirty for outsiders with drinks in hand and on the table (which means you can't do much about smokers yabbering late at night, but they're NOT allowed drinks outside after 00.30!)
Just up till two o-clock (?) sounds strange to me. Late licences (after 00.30) continue on till 4.00am. Check with the local council if the Bar/Restaurant has a late licence. If not, phone police after the drinking up time. They'll get the picture very quick, as each violation becomes more and more expensive with the loss of licences in the end.
Bars have to pay an expensive premium to stay open longer, so if someone is selling 'after time' it's not fair on the ones who pay and stay legal. Do the sods!
To sum up... check with the council about the drinking up and no drinks outside times, and then check about his late licence, or lack of.
If they're breaking the rules, it wont take very long to put a stop to them.
Good Luck
GREG
(p.s. if you're not too sure, PM me and we can talk it over privately)