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A Guide to the Noise Regulations

(2) Are any types of causing the noise that it is


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

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