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Thursday, October 16, 2008
Disturbed by excessive noise
Q: I am regularly disturbed by excessive noise from a nearby building. Is there anything I can do to stop it?
A: As a first step you should approach the person or business causing the noise to explain that it is a nuisance and try to come to a mutually acceptable solution. If this is unsuccessful you may refer your complaint to your local authority, or take your complaint directly to your local District Court or to the Environmental Protection Agency, P.O. Box 3000, Johnstown Castle Estate, Wexford, Tel: (053) 916 0600.
Your local authority has the power to investigate complaints about neighbourhood noise and has equipment to measure sound levels. It can bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency which can require a person or body to take specific measures to prevent or limit noise and can prosecute those that don’t comply.
If you wish to take a complaint to the District Court, you may engage the assistance of a solicitor but you are not required to. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case, referring to the relevant law: Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
You must use a specific form of notice to inform the person or business that you will be taking them to court. The form ‘Environmental Protection Agency Act, 1992 noise form of notice’ is available in the Court Forms section of the Courts Service website, www.courts.ie. You can contact the Courts Service at 14-16 Phoenix Street, Smithfield, Dublin 7, Tel: (01) 888 6000.
The District Court will call both parties together to hear 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. The maximum fine for conviction on breach of noise regulations is €3,000 or 12 months in prison or both.
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