Court Decision Halts Further Sound Protection Payments by BER
In a recent court decision, the Higher Administrative Court of Berlin-Brandenburg has rejected a lawsuit filed by homeowners seeking additional funds for soundproofing against noise from Berlin Brandenburg Airport (BER). The rejection was based on the timing of the homeowners' claim assertion, as they made their claim after the construction of the houses in 2018 and 2019.
The airport company, BER, has established a comprehensive sound protection program that applies to 26,500 households on an area of 155 square kilometers. However, the court ruling indicates that the homeowners missed their opportunity to influence the soundproofing due to the late claim assertion.
The lawsuit concerned the additional funds for soundproofing against noise from BER. Initially, the airport company had determined a claim of 27,000 euros for noise protection, but the actual costs were around 56,000 euros, according to information on the BER website. This discrepancy highlights the need for adequate funding to address the noise issue effectively.
For homeowners in the Berlin Brandenburg area seeking additional funds for soundproofing, there are specific eligibility criteria. Chiefly, they must be located within designated noise-affected zones, such as inside the DNL65 noise contour, and follow a formal application process that usually involves acoustic testing and official approval.
The current process for claiming funds includes identification of the eligibility zone, invitation for acoustic testing, completion of the tests, application submission, approval, and implementation of the soundproofing works. It is strongly discouraged for homeowners to perform self-funded or DIY repairs, as this may jeopardize future eligibility for funding.
Despite the rejection of the lawsuit, the application for sound protection measures at BER is still possible until November 2025. However, the criticism regarding the current approach of requiring acoustic testing persists, as it was not part of the original eligibility for soundproofing at the airport. This additional requirement has been described as out of touch with public health concerns and potentially restrictive.
In conclusion, homeowners in the designated noise-affected zones must follow the formal application process to claim additional soundproofing funds against BER noise. Self-funded or DIY repairs are strongly discouraged to maintain eligibility in official programs. The court ruling serves as a reminder of the importance of timely claim assertion and the ongoing need for adequate funding and fair eligibility criteria for noise protection measures at BER.
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