Private renovation work in a condominium
The law says that noise must not exceed normal tolerability but it is natural that the renovation easily exceeds this threshold. Therefore, the Prime Ministerial Decree 1/3/91 provides that the Mayor can authorize, in derogation of compliance with noise limits, temporary activities such as construction sites. The municipalities, for the most part, have adopted the "Exemption Regulation" and the regional laws provide precise requirements for making the application for an exception. In essence, it is necessary to demonstrate that you have adopted all possible techniques for noise reduction, that the machines comply with the CE 14/2000 standard and that you will be able to respect the limits to the derogation contained in the municipal regulations and which are higher than those of normal sound sources. fixed. However, this cannot lead to preventing work at home just because it is noisy. Furthermore, the condominium regulations still have contractual value.
Condominium noise: what does the law say?
We address the problem of noise in condominiums starting from the general regulations established by law regarding noise emissions. According to the civil code [art. 844], noise emissions that exceed normal tolerability are prohibited, having regard to the condition of the places. This is a generic rule that applies to all neighborhood relationships and, therefore, also to the condominium.
As can be seen from what has just been said, the code does not establish a precise indication regarding the amount of noise that can be tolerated: in other words, it is not referring to an exact measurement, but rather to a common sense criterion.
Violation of the rule on noisy emissions involves the application of two specific sanctions, namely:
- compensation in favor of the injured person
- The order to put an end to the harassing conduct (inhibitory protection)
Noise: the condominium regulations
In addition to the legislative provisions, whether state or local, each condominium owner should respect the silence periods provided for in their condominium regulations: these are those hours that are normally used for people's rest and which, therefore, must be respected for the quiet living of everyone.
Usually, the "protected" time slots, i.e. those in which it is forbidden to make noise, go from 2pm to 4pm and from 9pm until the morning, around 8am. Consequently, if the condominium regulations do not say anything about rest times, you can refer to the times indicated here. The violation of condominium timetables can be raised at the meeting in order to request the cessation of the disturbance caused and the restoration of compliance with the common rules.
Noise in condominiums: what does the Supreme Court say?
The Court of Cassation has expressed itself several times on the age-old issue of condominium noise, endorsing a rather elastic principle: to understand whether a noise is intolerable or not and, consequently, to understand whether it is punishable, it is necessary to refer to the natural and social conditions of the places and the habits of the population.
The Supreme Court therefore established that, for the purposes of assessing noise emissions, the violation of municipal and condominium regulations is only circumstantial: what matters is that, in concrete terms, the noise is intolerable for an ordinary person.
Private renovation work in a condominium
The law says that noise must not exceed normal tolerability but it is natural that the renovation easily exceeds this threshold. Therefore, the Prime Ministerial Decree 1/3/91 provides that the Mayor can authorize, in derogation of compliance with noise limits, temporary activities such as construction sites. The municipalities, for the most part, have adopted the "Exemption Regulation" and the regional laws provide precise requirements for making the application for an exception. In essence, it is necessary to demonstrate that you have adopted all possible techniques for noise reduction, that the machines comply with the CE 14/2000 standard and that you will be able to respect the limits to the derogation contained in the municipal regulations and which are higher than those of normal sound sources. fixed. However, this cannot lead to preventing work at home just because it is noisy. Furthermore, the condominium regulations still have contractual value.
Condominium noise: what does the law say?
We address the problem of noise in condominiums starting from the general regulations established by law regarding noise emissions. According to the civil code [art. 844], noise emissions that exceed normal tolerability are prohibited, having regard to the condition of the places. This is a generic rule that applies to all neighborhood relationships and, therefore, also to the condominium.
As can be seen from what has just been said, the code does not establish a precise indication regarding the amount of noise that can be tolerated: in other words, it is not referring to an exact measurement, but rather to a common sense criterion.
Violation of the rule on noisy emissions involves the application of two specific sanctions, namely:
- compensation in favor of the injured person
- The order to put an end to the harassing conduct (inhibitory protection)
Noise: the condominium regulations
In addition to the legislative provisions, whether state or local, each condominium owner should respect the silence periods provided for in their condominium regulations: these are those hours that are normally used for people's rest and which, therefore, must be respected for the quiet living of everyone.
Usually, the "protected" time slots, i.e. those in which it is forbidden to make noise, go from 2pm to 4pm and from 9pm until the morning, around 8am. Consequently, if the condominium regulations do not say anything about rest times, you can refer to the times indicated here. The violation of condominium timetables can be raised at the meeting in order to request the cessation of the disturbance caused and the restoration of compliance with the common rules.
Noise in condominiums: what does the Supreme Court say?
The Court of Cassation has expressed itself several times on the age-old issue of condominium noise, endorsing a rather elastic principle: to understand whether a noise is intolerable or not and, consequently, to understand whether it is punishable, it is necessary to refer to the natural and social conditions of the places and the habits of the population.
The Supreme Court therefore established that, for the purposes of assessing noise emissions, the violation of municipal and condominium regulations is only circumstantial: what matters is that, in concrete terms, the noise is intolerable for an ordinary person.