All you need to know about the Noise Law

8 APRIL 2023

Onderwerpen

Dicas Imóveis Compra de Imóveis Gestão Condominios

Find out more about the law that regulates the hours during which noise can be made.

All you need to know about the Noise Law

Source: Freepik

Author: Redaction

Living in a community in a building or condominium inhabited by several tenants is not always easy. The proximity between apartments, associated with the poor quality in sound insulation that occurs in most buildings in our country, often contributes to situations of divergence between neighbors, especially when noise is made after hours. Even in buildings with more recent construction or even in semi-detached houses, where there is, effectively, greater isolation, there can be situations of divergence between neighbors motivated by noise. If your neighbors make noise after hours, this article is for you.

This type of conflict can and must be resolved through dialogue. Especially if there is understanding between neighbours. However, since it is not always possible to manage this issue with peace of mind, it is important to know that it is protected by the Noise Law, which determines the scheduled times for noise: loud music, parties, weekend works, machinery handling, etc. Find out with SUPERCASA Notícias everything that this law regulates.

General Noise Regulation

The official designation for Noise Law is precisely the General Noise Regulation. This law has been implemented with the aim of monitoring any type of noise pollution that may be harmful to the health and well-being of those exposed to it. It is thus a regulation that decrees rules of action on various activities considered noisy, permanent or temporary, such as events, shows, vehicles and industry, works, transport and, of course, the noise of the neighborhood.

In accordance with Article 3 of Decree-Law No 9/007, "the noise associated with the use of housing and the activities that are inherent to it, produced directly by someone or through another person, by something in his custody or animal placed under his responsibility, which, by its duration, repetition or intensity, is likely to affect public health or neighborhood tranquility".

What does it say?

Contrary to popular belief, this law does not establish an effective ban on the time when noise is supposed to stop. Fixed, yes, times during which police actions are planned if there is a complaint motivated by noise. Thus, in Article 24 of the same decree, it is stated that:

The police may order the noise producer, if the noise is occurring between 11pm and 7am, to take appropriate measures for the immediate removal of this nuisance;
The police forces can fix, to the noise producer, if it is occurring between 07h and 23h, a deadline for it to end.

So, if you see noise between 11pm and 7am from your neighbors, you can call the authorities and ask them to act at the noise source so that it stops. Between 7am and 11pm, it is also possible to request the intervention of the authorities. However, this action will only serve to alert the producer of the noise that should stop the noise made at the scheduled time.

The law applies in particular to the following sources of noise:

construction, reconstruction, extension, alteration and/or conservation of buildings;
construction works;
machinery and/or industrial plants, shops and services;
equipment for outdoor use;
transport infrastructure, vehicles and traffic;
shows, sporting events, markets, fairs and entertainment;
sound alarm systems;
Neighborhood noise.

However, the Noise Act does not apply to sound signals related to safety in road transport infrastructure, such as level crossings.

What are the exceptions?

It is important to mention that if any of the activities listed above are of a temporary nature, they may be authorised by the competent authority by issuing a special noise permit. The same may be true in "exceptional and duly justified cases" provided for by law.

Schools, in the vicinity of hospitals or establishments of a similar nature, are protected from these exceptions, so it is not allowed to perform noisy activities near them.

On weekends, holidays and weekdays between 8pm and 8am, noisy activities are also prohibited near residential buildings.

What if there are works inside a building?

This type of works can only occur on weekdays, between 08h and 20h, as is established for works abroad. In this particular case, the person responsible for the works does not need a special noise permit. Only an indication of the expected duration of the work and, if possible, the time at which it will take place or the times at which the noise may become more intense, must be displayed in a place easily accessible to residents.

However, if you find that these works extend outside the hours mentioned, disregarding the law of noise, the police can intervene and even suspend them, registering a police report. This is sent to the municipality to be triggered a counter-order.

Excluded from this law are works classified as being of an urgent nature, whose purpose is to avoid immediate danger to people and/ or goods.

Living in community is a challenge that requires not only patience, but also the respect that must exist between our space and the space of our neighbors, and the rights and duties established are universal and must be respected by all.

If you are going through a situation that makes you uncomfortable, try to talk to your neighbors or talk to your condominium management. If you are unable to reach an agreement, act in accordance with your statutory rights. However, there are often times when, after formalizing a complaint, the injured party finds that the problem persists. If this is your situation, know that it is also possible to take official action with the competent authorities and contact them whenever there is a noise situation, and the person responsible for the same is subject to the application of a fine ranging between € 200 and € 2000.

You may also be interested in: Living in a gated community: Advantages and disadvantages, Community meeting: Essential steps

Onderwerpen

Dicas Imóveis Compra de Imóveis Gestão Condominios