Organizing parties at home, on the terrace or in the garden: legal obligations and prohibitions

Organizing parties at home, on the terrace or in the garden: legal obligations and prohibitions

The first thing to do is to check that there are no particular limitations on the use of the private apartment to be used as an occasional venue for a reception. Constraints of this type, however, can only be valid if the regulation has been approved unanimously which is achieved in two ways: either with a vote in the assembly, in the presence and with the consent of all, or with the acceptance of the regulation at the time of the notarial deed of purchase of each apartment (therefore at different times and contexts). A regulation approved by a simple majority cannot contain prohibitions on the use of apartments: ownership is in fact an inviolable right that only the self-limitation of the owner of the property (who has accepted the regulatory clause) could justify.

But what limits can a regulation contain? It is almost impossible that it contains a ban on organizing house parties or that it requires authorization to be asked first from other condominium owners, but it could well establish silence hours. The regulation is therefore the first step you need to start from to understand if you can have parties at home.

Silence hours

Beyond what the condominium regulations establish, it is still necessary to respect other people's silence times. These are not defined by law, but the Civil Code says that noise cannot be "intolerable". This parameter is, in fact, ascertained every time the acoustic input exceeds the background noise coming from the road by 3 decibels. Therefore, the closer it gets to evening and the quieter the outside becomes, the more it will be necessary to lower the noise threshold. This is a practical criterion, adopted by judges, but which in any case does not have a correspondent in any law. One thing is certain: the fact of organizing a party does not presuppose that the neighbors are obliged to a greater one.

The advice is therefore to ascertain the needs of others first and to communicate your intentions to neighboring condominium owners. Usually, after 9pm you have to abandon any noise that can be perceived beyond the walls of the house; you should therefore avoid holding the stereo up to turn it off completely after 11pm. Even the treading of shoes on the floor will have to be very careful not to disturb those who have started to sleep. And so the voices, shouts and shouts will have to ensure that they are not noticed by the neighbors.

What happens if you overdo the noise? The law says you commit a crime (disturbing the peace) only if you disturb the whole building or a large part of it. However, if only the closest condominium residents are harassed, then the offense is civil. In the first case, only the neighbors will be able to call the police or the carabinieri, who may ask them to stop, but will certainly not be able to take the person responsible to the police station or to the nearest station.

Tenant for rent

If you are renting, nothing changes unless the rental contract prohibits it. You don't even need to ask the landlord for permission. This does not mean that if the condominium regulations were violated, the latter could - in the most serious and repeated cases - proceed with eviction.




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