This document provides guidance on legal procedures for dealing with noise nuisances under Irish law. It outlines the types of noise issues that can be addressed, including noise from neighbors, local businesses, and other general sources. It explains the steps to take, including initially informing the noisemaker, and if unresolved, filing a complaint with the local District Court. The District Court can order the noisemaker to reduce, limit, or stop the noise. Requirements for filing a complaint include consulting the Court Clerk, informing the noisemaker of the hearing date at least 7 days in advance, and presenting evidence of the noise issue to the Court.
This document provides guidance on legal procedures for dealing with noise nuisances under Irish law. It outlines the types of noise issues that can be addressed, including noise from neighbors, local businesses, and other general sources. It explains the steps to take, including initially informing the noisemaker, and if unresolved, filing a complaint with the local District Court. The District Court can order the noisemaker to reduce, limit, or stop the noise. Requirements for filing a complaint include consulting the Court Clerk, informing the noisemaker of the hearing date at least 7 days in advance, and presenting evidence of the noise issue to the Court.
This document provides guidance on legal procedures for dealing with noise nuisances under Irish law. It outlines the types of noise issues that can be addressed, including noise from neighbors, local businesses, and other general sources. It explains the steps to take, including initially informing the noisemaker, and if unresolved, filing a complaint with the local District Court. The District Court can order the noisemaker to reduce, limit, or stop the noise. Requirements for filing a complaint include consulting the Court Clerk, informing the noisemaker of the hearing date at least 7 days in advance, and presenting evidence of the noise issue to the Court.
This leaflet outlines the noise excluded from a nuisance and so come to steps open to you under these procedures? some mutually acceptable the law when you are understanding. In the case experiencing nuisance Yes. Complaints about of noise emanating from caused by noise. It is aircraft noise should be multiple occupancy rented intended as a practical directed to the relevant accommodation, the guide and is not a legal airport authority in the first landlord (or the relevant interpretation of the law. instance. In addition, Council in the case of local For more information you problems arising from authority housing) should may consult your local barking dogs are covered be contacted to determine authority or seek legal under the Control of Dogs if breaches of the tenancy advice. Act 1986 & 1992. A copy agreement have occurred. of the Form used for complaints to the Courts (1) What type of noise about noise from dogs is If this does not resolve the problems are covered available from your local matter you may wish to by simple legal authority. consider contacting your procedures? local authority or the EPA The procedures outlined (see question 12) to (3) When can I take here are designed to ascertain whether it is in a action to deal with cover general position to take action. noise as a nuisance? neighbourhood type noise While the local authority, problems, such as Whenever you consider a or the Agency, is unlikely continual noise from other noise to be so loud, so to become involved in houses, home workshops, continuous, so repeated, disputes between local businesses etc. The of such duration or pitch or neighbours, it may Environmental Protection occurring at such times consider serving a notice Agency Act 1992 that it gives you in respect of noise from (Noise) Regulations 1994 reasonable cause for industrial or commercial annoyance you can sources. (S.I. No 179 of 1994) initiate action to deal with Finally, you may exercise provide redress in the case it. your right to make a formal of these types of problems. complaint to the District They are designed to allow Court seeking an Order to straightforward access to (4) What action can I deal with the nuisance. the Courts by individuals or take? groups concerned about excessive noise. Initially, it may be sufficient to explain to whomever is (5) Will the prevent or limit the set for your Court District Court noise by using hearing you must solve my inform the person facilities, practices problem? concerned that and methods of you will be making The task of the a complaint to the operation that are District Court is to District Court. The hear both sides of the suitable for that date for the case. purpose, or hearing of the case must be at least seven days Where it finds in • That the noise is later than the date your favour it can in accordance you inform the order the person or with a licence person or body body making the issued under the causing the noise. noise to reduce it to Environment Protection Agency a specified level, to Act 1992. limit it to specified (iii) The District Court times, or to cease altogether. will provide you with the form to be (8) Must the Court Order used for making (6) Are there any be complied with? the complaint. It is legal conditions important that you which I need to Yes, the person (or use the actual form take into body) concerned must provided by the consideration comply with the Court court and that you before I decide to Order. complete it complain to the accurately and District Court? fully. You must (9) How do I complain to attend Court at the Yes, the legislation the District Court? arranged time and specifies certain present your conditions that Once you have decided to complaint. It is amount to a good take your case to the generally advisable defence in Court for Court there are number of to have a record of the person allegedly steps which you must the times and causing the follow:- dates when the nuisance. noise nuisance occurred. (i) Consult with the (7) What are Clerk of your local the “good District Court When consulting the Court defence” about a date for Clerk you should be in a conditions? the hearing of your position to refer precisely case. to the law relating to your The person case; this is Section 108 concerned may prove of the Environmental (ii) Once a time has Protection Agency Act, been 1992 and the • That he/she took all Environmental Protection reasonable care to Agency Act, 1992 (Noise) Regulations 1994 (S.I. No licence is required purposes of 179 of 1994). These may under the preventing or be viewed online at Environmental limiting the noise) www.irishstatutebook.ie. Protection Agency to the Act 1992, the Environmental Copies may be purchased Agency can require Protection Agency from the Government the taking of in relation to Publications Sales Office specified measures premises, on 01 6476836 or email: to prevent or limit processes and publications@opw.ie. the noise. The works other than Further details are person (or body) those which require available at required to take licences under the http://www.oireachtas.ie/vi such measures Environmental ew must do so or face Protection Agency doc.asp?fn=/documents/a- prosecution. Act. (See also misc/publications.htm question 4) Alternatively, the Agency may take the remedial measures itself and (14) What are (10) Must I consult a recover the cost the penalties for solicitor if I wish to from the person in a breach of the complain to the Court? charge of the law? source of the noise. No, nor is there a For summary Any person may requirement to be cases dealt with in request the Agency represented in Court by a the District Court, to exercise its solicitor in Court. a fine of power in relation to However, you may wish to noise causing a up to €3,000 or take professional legal nuisance from such imprisonment for up to 12 advice and this remains a an activity. months, or both, may be matter of personal choice. imposed.
(13) Has my local
(11) What is the authority a role in (15) What about cost of taking this dealing with noise specified noise action? problems? standards or maximum noise levels? The District Court charges Yes. Local a nominal fee for authorities have the No universal statutory processing the action (€25 same powers as noise standards apply in as at August 2014) individuals to Ireland though local complain about authorities may specify noise problems to particular noise standards (12) Has the the District Court. In as part of a notice served Environmental addition, they have under Section 107 of the Protection Agency similar powers Environmental Protection a role in dealing (including serving a Agency Act 1992. Any with noise notice under standards set will depend problems? Section 107 of the on the specific noise EPA Act, 1992, on source and will generally In the case of an have regard to relevant the person causing activity for which a the noise for the international guidance and planning permissions for (15 minutes) and standards. any development on a maximum, (30 minutes) case by case basis. These duration for the sounding tailored conditions may of external intruder alarms Chapter 1 of Part 5 of the include restrictions on the in buildings with the General Application times when construction alarms in buildings with Regulations 2007 deal work can be undertaken the alarms being required with the control of noise at (see question 15). If you to cease automatically work. The purpose of are encountering noise after the maximum these Regulations is to from a construction site duration. transpose Directive you should, in the first 2003/10/EC of the instance, contact your European Parliament on Planning Authority to A new European the minimum health and ascertain whether any Standard – EN safety requirements such conditions apply. As 50131-1 of 1997 regarding the exposure of with question 13, a local – employees to the risks authority may serve a prescribes shorter arising from physical notice under Section 107 minimum and agents (noise). of the Environmental maximum durations Enforcement of these Protection Agency Act of 90 seconds and regulations is undertaken 1992, on the person 15 minutes by the Health and Safety causing the noise for the respectively. The Authority, The purpose of preventing or connection of Metropolitan Building limiting the noise. You monitored business may also exercise your James Joyce Street intruder alarm rights as set out in Dublin 1 (tel: 01 systems to Garda question 4. 6147125 Siochana stations www.hsa.ie).In is contingent upon addition, the use of alarm (17) What can be done systems which are Section 34 of the Planning about faulty alarms? certified by NSAI and Development Act, Some local authorities and installed by 2000 provides that a have issued guidelines in certified installers. Planning Authority may attach specific conditions relation to intruder alarms in respect of noise to a which recommend that grant of permission for owners/occupiers of In the case of a development. alarmed property should faulty alarm, a local nominate at least two key authority may also holders that can be serve a notice contacted in the event of under Section 107 (16) Can anything be the activation of the alarm. of the done about Environmental construction noise? Protection Agency There is no specified Act, 1992 (see The National Standards statutory period during question 13). Authority of Ireland has which certain works e.g. published a voluntary construction, road works, standard specification No. DIY etc, are prohibited. No standards have 199 of 1987 and operates However, a Planning been set to date a certification scheme to Authority may attach for the operation of that standard which, inter conditions to individual car alarms. alia, specifies a minimum, (18) What can be orderly manner in (Environmental Noise) done about the which the premises Regulations 2018 sets out noise from crow were conducted in certain requirements for guns/bangers? the past year. With the assessment and regard to the management of If the use of application for a environmental noise from noise devices special late night transport sources used by farmers exemption, the (including major roads) to scare off birds Intoxicating Liquor including the making of eating their crops Act 2000 provides strategic noise maps and (known as “crow that a court shall action plans. guns/bangers”) not grant a special is causing a exemption order in nuisance as respect of any described in premises unless it question 3 the is satisfied that the same actions are special occasion available as will be conducted in described under a manner which will question 4. not cause undue Further information inconvenience to regarding the Noise persons residing in Regulations can be obtained from the (19) What about the vicinity of those following: noise from premises. pubs/discos? Email: noise@decc.gov.ie
Any person may (20) What about Phone: 01 678 2000
take a complaint to traffic related the District Court as noise? outlined under question 3 in The Environmental respect of noise Protection Agency Act from licensed 1992 (Noise) Regulations premises. In 1994 (S.I. No 179 of 1994) addition, under are not designed to cover Section 4 of the noise from roadways. Courts (No 2) Act Complaints about local 1986, any person is traffic related noise should entitled to object to be addressed to the the renewal of an relevant roads authority in intoxicating liquor the first instance. For licence at the national road schemes, annual Licensing potential noise emissions Court. The are addressed as part of objection to the the Environmental Impact renewal of the Assessment process licence can be undertaken by, or on made on the behalf of, Transport grounds of the Infrastructure Ireland. character of the licensee, or the In addition, the European peaceable and Communities