Guide to noise regulations

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A Guide to the Noise RegulationsThis leaflet outlines the steps opento you under the law when you areexperiencing nuisance caused bynoise. It is intended as a practicalguide and is not a legalinterpretation of the law. For moreinformation you may consult yourlocal authority or seek legal advice.

(1) What type of noise problems are covered by simple legal procedures?

The procedures outlined here aredesigned to cover generalneighbourhood type noise problems,such as continual noise from otherhouses, home workshops, localbusinesses etc. The EnvironmentalProtection Agency Act 1992 (Noise)Regulations, 1994 (S.I. No. 179 of1994) provide redress in the case ofthese types of problems. They aredesigned to allow straightforwardaccess to the Courts by individuals orgroups concerned about excessivenoise.

(2) Are any types of noise excluded from these procedures?

Yes. Complaints about aircraft noiseshould be directed to the relevantairport authority or the Irish AviationAuthority in the first instance. Inaddition, problems arising frombarking dogs are covered under theControl of Dogs Acts 1986 & 1992. Acopy of the Form used for complaints

to the Courts about noise from dogsis available from your local authority.

(3) When can I take action to deal with noise as a nuisance?

Whenever you consider a noise to beso loud, so continuous, so repeated,of such duration or pitch or occurringat such times that it gives youreasonable cause for annoyance youcan initiate action to deal with it.

(4) What action can I take?

Initially, it may be sufficient toexplain to whomever is causing thenoise that it is a nuisance and socome to some mutually acceptableunderstanding. In the case of noiseemanating from multiple occupancyrented accommodation, the landlord(or the relevant Council in the caseof local authority housing) should becontacted to determine if breachesof the tenancy agreement haveoccurred.

If this does not resolve the matteryou may wish to consider contactingyour local authority or the EPA (seequestion 12) to ascertain whether itis in a position to take action. Whilethe local authority, or the Agency, isunlikely to become involved indisputes between neighbours, it mayconsider serving a notice in respectof noise from industrial orcommercial sources.

Finally, you may exercise your rightto make a formal complaint to theDistrict Court seeking an Order todeal with the nuisance.

(5) Will the District Court solve my problem?

The task of the District Court is tohear both sides of the case.

Where it finds in your favour it canorder the person or body making thenoise to reduce it to a specified level,to limit it to specified times, or tocease altogether.

(6) Are there any legal conditions which I need to take into consideration before I decide to complain to the District Court?

Yes, the legislation specifies certainconditions that amount to a gooddefence in Court for the personallegedly causing the nuisance.

(7) What are the “good defence”conditions?

The person concerned may prove

• that he/she took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose, or

• that the noise is in accordance

NOISE POLLUTIONinformation on the environment / eolas ar an gcomhshaol

(13) Has my local authority a role in dealing with noise problems?

Yes. Local authorities have the samepowers as individuals to complainabout noise problems to the DistrictCourt. In addition, they have similarpowers (including serving a noticeunder Section 107 of the EPA Act,1992, on the person causing thenoise for the purposes of preventingor limiting the noise) to theEnvironmental Protection Agency inrelation to premises, processes andworks other than those whichrequire licences under theEnvironmental Protection AgencyAct. (See also question 4)

(14) What are the penalties for a breach of the law?

For summary cases dealt with in theDistrict Court, a fine of up to €1,270or imprisonment for up to 12months, or both, may be imposed.

(15) What about specified noise standards or maximum noise levels?

No universal statutory noisestandards apply in Ireland thoughlocal authorities may specifyparticular noise standards as part ofa notice served under Section 107 ofthe Environmental ProtectionAgency Act 1992. Any standards setwill depend on the specific noisesource and will generally have regardto relevant international guidanceand standards.

The European Communities(Protection of Workers) (Exposure toNoise) Regulations 1990 (S.I. No. 157of 1990) provide, inter alia, for theassessment and measurement ofnoise experienced at work, theidentification of areas where noiseexceeds specified levels and for themaintenance of records of noiselevels. Enforcement of theseregulations is undertaken by the

Environmental Protection Agency Act,1992 and the EnvironmentalProtection Agency Act, 1992 (Noise)Regulations 1994 (S.I. No. 179 of 1994).Copies may be purchased from theGovernment Publications Sales Office,Sun Alliance House, MolesworthStreet, Dublin 2, tel: (01) 6793515 or bymail order from the GovernmentPublications Postal Trade Section,51 St. Stephens Green, Dublin 2.tel: (01) 6476000.

(10)Must I consult a solicitor if I wishto complain to the Court?

No, nor is there a requirement to berepresented in Court by a solicitor inCourt. However, you may wish totake professional legal advice andthis remains a matter of personalchoice.

(11) What is the cost of taking this action?

The District Court charges a nominalfee for processing the action (€15 asat August, 2003)

(12) Has the Environmental Protection Agency a role in dealing with noise problems?

In the case of an activity for which alicence is required under theEnvironmental Protection Agency Act1992, the Agency can require thetaking of specified measures toprevent or limit the noise. Theperson (or body) required to takesuch measures must do so or faceprosecution. Alternatively, theAgency may take the remedialmeasures itself and recover the costfrom the person in charge of thesource of the noise. Any person mayrequest the Agency to exercise itspower in relation to noise causing anuisance from such an activity.

with a licence issued under theEnvironment Protection Agency Act1992.

(8) Must the Court Order be complied with?

Yes, the person (or body) concernedmust comply with the Court Order.

(9) How do I complain to the DistrictCourt?

Once you have decided to take yourcase to the Court there are a numberof steps which you must follow:-

(i) Consult with the Clerk of your local District Court about a date for the hearing of your case.

(ii) Once a time has been set for your Court hearing you mustinform the person concerned that you will be making a complaint to the District Court.The date for the hearing of the case must be at least seven days later than the date you inform the person or body causing the noise.

(iii) A specimen copy of the form used is shown on the reverse of this leaflet. This may not be usedfor actual proceedings. The District Court will provide you with the form to be used for making the complaint. It is important that you use the actual form provided by the court and that you complete itaccurately and fully. You mustattend Court at the arranged time and present your complaint.It is also generally advisable to have a record of the times and dates when the noise nuisance occurred.

When consulting the Court Clerk youshould be in a position to referprecisely to the law relating to yourcase; this is Section 108 of the

NOISE POLLUTION/ Guide to Noise Regulations/ NP2

standard specification No. 199 of1987 and operates a certificationscheme to that standard which, interalia, specifies a minimum, (15minutes) and maximum, (30minutes) duration for the soundingof external intruder alarms inbuildings with the alarms beingrequired to cease automatically afterthe maximum duration.

A new European Standard - EN50131-1 of 1997 – prescribes shorterminimum and maximum durationsof 90 seconds and 15 minutesrespectively. The connection ofmonitored business intruder alarmsystems to Garda Siochána stationsis contingent upon the use of alarmsystems which are certified by NSAIand installed by certified installers.

In the case of a faulty alarm, a localauthority may also serve a noticeunder Section 107 of theEnvironmental Protection AgencyAct, 1992 (see question 13).

No standards have been set to datefor the operation of car alarms.

(18) What can be done about the noise from crow guns/bangers?

If the use of noise devices used byfarmers to scare off birds eatingtheir crops (know as “crowguns/bangers”) is causing a nuisanceas described in question 3 the sameactions are available as describedunder question 4.

(19) What about noise from pubs/discos?

Any person may take a complaint tothe District Court as outlined underquestion 3 in respect of noise from alicensed premises. In addition, underSection 4 of the Courts (No. 2) Act1986, any person is entitled to objectto the renewal of an intoxicatingliquor licence at the annual LicensingCourt. The objection to the renewal

of the licence can be made on thegrounds of the character of thelicensee, or the peaceable andorderly manner in which thepremises were conducted in the pastyear. With regard to the applicationfor a special late night exemption,the Intoxicating Liquor Act 2000provides that a court shall not granta special exemption order in respectof any premises unless it is satisfiedthat the special occasion will beconducted in a manner which willnot cause undue inconvenience topersons residing in the vicinity ofthose premises.

(20) What about traffic related noise?

The Environmental ProtectionAgency Act 1992 (Noise) Regulations1994 (S.I. No. 179 of 1994) are notdesigned to cover noise fromroadways. Complaints about localtraffic related noise should beaddressed to the relevant roadsauthority in the first instance. Fornational road schemes, potentialnoise emissions are addressed aspart of the Environmental ImpactAssessment process undertaken by,or on behalf of, the National RoadsAuthority.

In addition, EU Directive 2002/49/ECsets out certain requirements for theassessment and management ofenvironmental noise from transportsources (including major roads)including the making of strategicnoise maps and action plans.

Health and Safety Authority, 10Hogan Place, Dublin 2 (tel. 016147000); www.hsa.ie

In addition, Section 34 of thePlanning and Development Act,2000 provides that a PlanningAuthority may attach specificconditions in respect of noise to agrant of permission fordevelopment.

(16) Can anything be done aboutconstruction noise?

There is no specified statutory periodduring which certain works e.g.construction, road works, DIY etc. areprohibited. However, a PlanningAuthority may attach conditions toindividual planning permissions forany development on a case by casebasis. These tailored conditions mayinclude restrictions on the timeswhen construction work can beundertaken (see question 15). If youare encountering noise from aconstruction site you should, in thefirst instance, contact your PlanningAuthority to ascertain whether anysuch conditions apply. As withquestion 13, a local authority mayserve a notice under Section 107 ofthe Environmental ProtectionAgency Act 1992, on the personcausing the noise for the purpose ofpreventing or limiting the noise. Youmay also exercise your rights as setout in question 4.

(17) What can be done about faulty alarms?

Some local authorities have issuedguidelines in relation to intruderalarms which recommend thatowners/occupiers of alarmedproperty should nominate at leasttwo keyholders that can becontacted in the event of theactivation of the alarm.

The National Standards Authority ofIreland has published a voluntary

INFORMATION ON THE ENVIRONMENT / EOLAS AR AN GCOMHSHAOL

it’s easy | to make a difference

NOISE POLLUTION/ Guide to Noise Regulations/ NP2

Issued by:ENFO – The Environmental Information Service,17 St Andrew Street,Dublin 2, Ireland.

Tel: (01) 888 3910Lo Call: 1890 200 191Fax: (01) 888 3946e-mail: [email protected]

Write to or visit our Centre at the aboveaddress or you may check out the ENFOinformation stands at your Local AuthorityOffice / County Library

ENFO is a service of the Department of theEnvironment Heritage and LocalGovernment.

Printed on recycled paperMarch 2004

SPECIMEN FORM FOR MAKINGNOISE NUISANCE COMPLAINT

THIS FORM IS A SAMPLE ONLY ANDCANNOT BE USED IN ACTUALDISTRICT COURT PROCEDURES

Environmental Protection AgencyAct, 1992

Notice pursuant to section 108(3) ofthe Environmental ProtectionAgency Act, 1992 of intention tomake a complaint to the DistrictCourt in relation to noise givingreasonable cause for annoyance.

Complainant______________________________________ (1)

of_______________________________________________

Defendant_________________________________________(2)

of________________________________________________

WHEREAS the above-namedcomplainant alleges that the above-named defendant is the *person*body (3) making, causing orresponsible for the following noise,namely,

_____________________________________________________ (4)

at __________ (4) in District Courtdistrict no. __ and District Court Areaof __ (4) which such noise is soloud/so continuous/so repeated/ofsuch duration or pitch/occurring atsuch times (5) as to give reasonablecause for annoyance to

* the complainant

* a person in any premises in the neighbourhood,

* a person lawfully using a public place, (3)

NOTICE IS HEREBY GIVEN to thedefendant that the complainantintends to make a complaintpursuant to section 108(1) of theabove Act to a sitting of the DistrictCourt for the said court area anddistrict to be held at

__________________________________________________________

on the __ day of __ 20__ at __a.m./p.m. (6) being a date not earlierthan 7 days from the date of thisnotice, and to seek an orderpursuant to that section in relationto the said noise.

Dated this __ day __ of 20__ (7)

signed ___________________ (8)

To ______________________ of__________________________(2)

The above named defendant.

Notes for completing this form

(1) Insert name and address of person or local authority making complaint.

(2) Insert name and address of person or body alleged to have made or have caused or have been responsible for the noise (see section 14 of the Act in regard to the service of notice).

(3) * Delete as appropriate.

(4) Insert details of the noise complained of - including location in the court area and district, nature, source, date, timeetc.

(5) Delete whichever of these terms and conditions may not be appropriate in the case of the noise concerned.

(6) Insert details of the Court sitting concerned.

(7) Insert date.

(8) To be signed by the complainant,i.e. the local authority or person concerned.

NB The Court may order the personor body making, causing orresponsible for the noise to take themeasures necessary to reduce thenoise to a specified level or to takethe specified measures for theprevention or limitation of the noise.