When can you report noise in your community

Having neighbors who cause excessive and annoying noises can cause endless inconvenience, from not letting us rest to multiple legal problems. The law establishes different channels to be able to face a situation in which the noises of another person disturb your home, so we are going to see what we can do in this case.

What the law says

With the aim of preventing, monitoring and reducing noise pollution, it was created in 2003 the Law of Noise, to which different European, regional and municipal regulations have been added. The municipal ordinances establish the noise levels allowed in each schedule depending on the area (residential, industrial, educational, etc.).

Today, the unit used to measure the intensity of sound is called decibels (dB) and the Noise Law is used to apply penalties if the established noise immission limit is exceeded. Additionally, the time of day when the noise is emitted is considered: day, afternoon or night.

  • 0-10 dB it is considered calm breathing.
  • 80-90 dB common traffic noise in a city.
  • 120-130 dB the noise of an airplane when taking off is calculated and the surpassing of these levels already corresponds to acoustic pain.

According to the World Health Organization (@opsoms), 70 dB is the desirable limit to which the human being should be exposed.

noise

To do

Obviously, the first recourse should always be to fix the problem talking in a friendly way with the neighbor in question and inform you of the inconvenience it causes in your home. But if that route doesn’t work, you can:

To the president of the community

If the friendly way does not work, contact the president of the community of owners to request the immediate cessation of the activity that produces the annoying noise. The Horizontal Property Law establishes in its article 7 that President, at their own initiative or by the owners (or tenants) affected, will request whoever performs the prohibited activities their immediate cessation.

The community files a lawsuit

If the problem continue, the president can call a homeowners meeting authorizing the filing of a lawsuit against the noisy landlord (or, where appropriate, against the tenant). If the sentence is favorable, in addition to the immediate cessation of the activity, a compensation for damages (medical treatment, sick leave, etc.) and deprive the right to use the home or premises for a period of up to 3 years (and the end of the contract if you are a tenant).

In this case, it would be interesting check that maximum noise levels are being exceeded Through a complaint to the police, who will make measurements, or by commissioning an expert opinion from a specialized company so that it has value before a judge. On demand it agrees include all residents in the dwelling, since when there is compensation, it is granted for each affected person. It is also practical to associate other injured parties so that the demand has more force. If the community refused to act, you could go to court yourself, or better yet, entrust it to your home insurance if you have damage claim coverage.