Noise Pollution
Continual noise from other houses, home workshops, local businesses etc. can be a source of nuisance and distress for people. In 1994, the Minister for the Environment addressed this problem by making regulations under the Environmental Protection Agency (EPA) Act, 1992, whereby any individual person, or a local authority, may complain to a District Court seeking an Order to deal with the noise nuisance i.e. noise so loud, so continuous, so repeated, of such pitch or duration or occurring at such times that it gives a person reasonable cause for annoyance.
Firstly a complainant must give notice to the person making the noise of the intention to make a formal complaint to the District Court and then he/she must serve a notice on the alleged offender that a complaint is being made at least 7 day in advance of the complaint being made to the Court. The District Court will hear both sides of a complaint and where it finds in favour of the complainant it can order the person or body making the noise to reduce it to a specific level, to limit it e.g. to specified times, or to stop it altogether
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 will replace all current national standards from September, 2003. The new standard will incorporate 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 will only apply to alarms fitted from September, 2003.
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 (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 particular 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.
If you have tried to resolve the problem amicably and this has not worked, you may then refer your complaint to Sligo Borough Council, 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.
Firstly a complainant must give notice to the person making the noise of the intention to make a formal complaint to the District Court and then he/she must serve a notice on the alleged offender that a complaint is being made at least 7 day in advance of the complaint being made to the Court. The District Court will hear both sides of a complaint and where it finds in favour of the complainant it can order the person or body making the noise to reduce it to a specific level, to limit it e.g. to specified times, or to stop it altogether
Noise Regulations
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 will replace all current national standards from September, 2003. The new standard will incorporate 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 will only apply to alarms fitted from September, 2003.
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 (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 particular 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 €1269.74 or 12 months in prison or both.How to Deal with Noise Pollution
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 Sligo Borough Council, 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.
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