Night work - exemption permit

According to the provisions of the State Immission Control Act (§ 9 Para. 1), all activities disturbing the peace during nighttime (10 PM to 6 AM) are generally prohibited.

There are general exceptions to this prohibition for

• harvesting and sowing work during the time between 5 AM and 6 AM as well as between 10 PM and 11 PM,

• outdoor gastronomy between 10 PM and midnight (unless restricted by municipalities to protect the neighborhood),

• the operation of facilities authorized under the Federal Immission Control Act (BImSchG), a plan approval under the Circular Economy Act or the Federal Mining Act, or an approved operating plan under the Federal Mining Act,

• measures to prevent or eliminate an emergency,

• major events conducted by municipalities that take place on up to 25 nights within a calendar year in connection with events of outstanding international significance held in Germany between 10 PM and 1 AM the following day (e.g., international sports events with late game starts).

Furthermore, individual exceptions can be granted upon application from the general prohibition of activities disturbing the peace during nighttime pursuant to § 9 Para. 2 LImSchG if the activity during nighttime

• is in the public interest or

• is in the overriding interest

of a party involved. The exception under LImSchG can only be granted for nights between weekdays under conditions and requirements, and it is subject to a fee.

Applications for exceptions for nights on Sundays and public holidays, insofar as employees are involved, must be submitted under the Working Hours Act (ArbZG) to the authority responsible for the company's location (in NRW, the district government).