Law and Noise

Ostrom

What options are available from a legal standpoint for dealing with nuisance noise?

Neighbours play music up to about 10:30 / 11:00 pm

Talk in the garden outside roughly outside our window which we have to keep open (OH and asthma) which keeps us awake with general loud talking and really....really annoying laughter.

This morning we were woken up at about 3:30am when they were talking and laughing in the garden. Two of us in the house get up for commute at 6am and 6:30am, rest of us about half seven.

They (neighbours) are students so they sleep on and get up whenever


Diplomacy failed last year so I am assuming my reasonably polite window shouting will go ignored.

What are my options?

County council? Summons? Pistol whipping?

The_Conductor

Under Irish law, you are entitled to bring complaints about specific neighbourhood noise to the District Court.

Types of noise covered
Noise such as that coming from other homes, workshops or local businesses that is continuous, repeated, loud and occurring at such times and of such duration that it affects the quality of life of the person is covered in Irish law.

The law in Ireland governing this area is (Section 108) of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act (Noise) Regulations 1994 (SI No. 179 of 1994). While the law does not specifically mention an exact level or standard of noise that is illegal, it is clear that if neighbourhood noise is affecting the quality of life of a citizen, then you have a right to complain. Your local authority has the power to investigate complaints about neighbourhood noise and also has specialist equipment that measures levels of sound.

A European standard for external intruder alarms replaced all current national standards in September, 2003. The new standard incorporates stricter controls regarding minimum and maximum duration for the sounding of alarms. The new limits are 90 seconds minimum and 15 minutes maximum. However, the new controls only apply to alarms fitted from September, 2003.

Rules
Making a complaint
You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.

If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).

The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.

The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.

Penalties for breach of law
The maximum fine for conviction on breach of noise regulations is 3,000 euro or 12 months in prison or both.

How to apply
Approach the person or business responsible for the noise and try to reach a mutually acceptable solution. You may find that they were not aware of the nuisance and in most cases, this will resolve the problem.

If you have tried to resolve the problem amicably and this has not worked, you may then refer your complaint to your local authority, or you can take your complaint directly to your local District Court or the Environmental Protection Authority.

Complaints regarding aircraft noise should be made directly to the Irish Aviation Authority.

Where to apply
Environmental Protection Agency
P.O. Box 3000,
Johnstown Castle Estate
Co. Wexford.
Tel: (053) 60600
Fax: (053) 60699
E-mail: info@epa.ie

Irish Aviation Authority
Aviation House,
Hawkins Street,
Dublin 2.
Tel: (01) 671 8655
Lo-call: 1850 77 55 88
Fax: (01) 679 2934
E-mail: info@iaa.ie

Ostrom

Thats perfect, thank you.

I remember looking at it, but wasnt sure if I could issue a notice under section 108 without legal aid.

Thanks!

DennisSabre

efla wrote: »

They (neighbours) are students so they sleep on and get up whenever

The last person to leave your house each morning should put the stereo on at full blast with a bit of Daniel O'Donnell. That will stop them having a lie-in and maybe make them go to bed a bit earlier.

Ostrom

I would love to...... :rolleyes:

The old Ray Liota approach probably wont win any sympathy if we do take it further

Its not too bad for the moment, but I'm expecting worse based on last year. It was really bad about once a week, which is enough to throw you off for a day or two if you're not sleeping right...

For now i will follow the procudure. Might be coming back to borrow a cd though

malpas

long shot..you mentioned students ..if premises is let to them then you can take a case against the landlord via the Private Residential Tenancies Board for a fee of approx. €30. Google PRTB for info. If this is the case it is critical that you keep full details of dates, times, actions you took, any other evidence (eg. audio/visual) that you can collect. You can go the Mediation or Adjudication route and such tenants (if this is what they are) can be evicted within seven days as far as I know, if it is proven that they are behaving in an anti-social manner.

Ostrom

Hi guys,

Situation went on as expected. Today, myself and the OH are working ten hour day and commuting.

Last night, the shouting/screaming/general spoiled drunk kid routine went on until half twelve. They got a taxi, waking up half the estate with the screaming (Is still dont get the screaming, they seem to just scream for no reason).

Knowing full well what to expect, they arrived home at 3am, out to the back garden, waking myself and the OH up. Waited out the talk for ten minutes (by now wide awake and with 3 hours to go until alarm call).

She went to the window and asked, forcefully but with no language, for them to be quiet (about four of them in the garden), when one of the spoiled sh**es, after turning his back and giving her attitude tells her to f*ck off.

I lost the head and roared at him which seemed to work.

This happens once, sometimes twice per week, but it messes you up sleep-wise for two days at a time.



In touch with the PRTB today, looking for their landlady's number to try that route, but I am preparing a section 108 form to submit to the district court.

Is there any quicker way to get her (landlady) contact details?

the_syco

efla wrote: »

Is there any quicker way to get her (landlady) contact details?

Ask the college, or the Gardai. They may be of no help, but there's no harm in trying. Also, look at the housing list supplied by the (local) college(s) over the last year or two to see if the house is mentioned.

Mizu_Ger

efla wrote: »

In touch with the PRTB today, looking for their landlady's number to try that route, but I am preparing a section 108 form to submit to the district court.

Is there any quicker way to get her (landlady) contact details?

elfa, did you follow through with this? I'd be interested in the outcome of submitting the 108 form. Your situation sounds like ours (but not as frequent for us).