Q.  I live in an apartment and the noise coming from my neighbour’s apartment is becoming unbearable. Is there anything I can do to stop it?

02.08.10

If you have contacted the persons directly and they will not have consideration for your concerns, then the Residential Tenancies Act 2004 is the law that applies. Under the Act tenants must not engage, or allow visitors to engage, in anti-social behaviour. This includes persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations. If these obligations are not being met you can make a complaint to the Private Residential Tenancies Board (PRTB). All privately rented properties must be registered with the PRTB. You can check if a property is registered by contacting the PRTB. If an alternative legal remedy, such as the remedy provided for under the Noise Regulations (see below) is being pursued then the PRTB cannot intervene.

You or your local authority can also complain to a District Court and seek an Order to deal with the noise nuisance under Noise Regulations. If you wish to make a complaint to the District Court, you do not need to have to have a solicitor, however, you may use 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 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)).

There is a special form available from the District Court or from www.courts.ie that you should use to inform the person or business that you intend to take them to court (the “Environmental Protection Agency Act 1992 – noise” form). It is important that you complete it fully and accurately. The District Court will listen 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.

Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741

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