Nocturnal noises: what you need to know
Disturbing noises from the neighbor in the condominium, from the public place, from the renovation works: how to establish if they are illegal, who to call, how to defend yourself.
There is noise and noise. However, not all noises allow you to speak loudly. The law [1] requires us to tolerate noise that falls within the "normal tolerability". It may seem like a tautology, but the law only intends to assign to the judge the power to establish what are annoying noises on the basis of their entity, the time and place in which they are produced, their persistence and the time during which they last. Everything is therefore left in the hands of the magistrate who decides on a case-by-case basis. And, in fact, it is precisely the sentences that have established the boundaries of this matter.
So here's what you need to know about night-time noises: below, we will answer the most common questions that are usually asked to the lawyer when it comes to putting up with annoying noises from the neighbor upstairs, from the bar or of the nightclub under the house, of the people who walk and sing at night along the sidewalk, of the children of the condominiums who play a musical instrument or who listen to music at high volume, of the air conditioners placed outside the balconies, of the condominium hours in which it is possible do some renovation work and so on.
Noise: when it is illegal
Is there a threshold beyond which noise becomes illegal? At least as far as private activities are concerned, no law establishes a maximum decibel level. Some special provisions contain regulations for commercial activities, factories, airports; Furthermore, the Municipalities can establish, with their own regulations, timetables and noise emissions for nightclubs.
Therefore, it is only the judge who establishes when the noise can be considered tolerable and when it is not. The criteria for defining when a noise is illegal are usually the following:
time: the same noise can be annoying at 2 am and imperceptible at midday. It is therefore always a good idea to check at what time of the day (or evening) the noise is produced in order to assess whether it is illegal;
persistence: a plate that accidentally falls to the floor and breaks into a thousand pieces and the shaking of carpets from the balcony or the vacuum cleaner inside the apartment do not generate the same disturbance. The judge must therefore always evaluate the duration of the noise to establish whether it is truly intolerable or not;
the guilt of those who produced it: making a dog bark because the owner leaves it alone at home is not a justification; the same goes for an old and noisy outdoor air conditioner. Instead, the need to carry out renovation work or plumbing work on leaking pipes is not an activity that can be postponed or avoided;
the place: a noise in the city center is less perceptible than that produced in a residential street where even a honk can easily be heard. The so-called "background noise", i.e. the one coming from the street, capable of covering the noise of the neighbors, is therefore decisive in establishing whether the noise is tolerable or not;
intensity: the louder the noise, the more annoying it is.
To give greater uniformity to the decisions of the courts, the jurisprudence wanted to "self-regulate" by establishing an objective criterion: thus noises that exceed the background noise of the surrounding environment by 3 decibels are considered "intolerable". For example, if in the absence of any neighbor activity the background noise is 2 decibels, anything above 5 decibels is considered intolerable. However, it is a system that has no regulation in the law but finds discipline only in the precedents of the courtrooms.
Too loud noise: is it a crime?
Once it has been established that the noise exceeds normal tolerability and is therefore illegal, all that remains is to understand whether the perpetrator can be reported or not: essentially, is making noise a crime? The answer is not always the same.
Intolerable noise is a crime only when it is such as to disturb an indeterminate number of people: for example the entire condominium or the owners of neighboring houses in the same neighborhood.
It is not the number of people who complain about the intolerable noise that decides whether it is a crime or not, but how many subjects can potentially notice the noise itself, regardless of those who then take action against the person responsible. It could well be, therefore, that only one person files a complaint against a noisy place when it creates a disturbance in the entire building.
Noise at night: who to call?
If the noise exceeds normal tolerability, the carabinieri or the police can be called only when it is noticed by a large number of people, since it is a crime. Otherwise the public authorities have no power and it will be necessary to initiate civil proceedings with a lawyer. Read also Disturbing the peace in a condominium.
Noise: is compensation for the damage due?
Intolerable noise does not always lead to the possibility of obtaining compensation. In fact, jurisprudence has clarified that, for this purpose, it is always necessary to demonstrate damage, which is not inherent in the very fact of the intolerability of the noise [2]. Further information in Noise damage and compensation.
For the judges of the Supreme Court, the damage suffered by the neighbor due to nuisance emissions cannot be considered as a given but must be proven: "the non-pecuniary damage suffered as a result of noise emissions exceeding the normal tolerability" is not automatic: that is, it does not trigger only exceeding decibels. «The injured party who requests compensation in court is required to prove that he or she has suffered actual harm in terms of inconvenience suffered due to the difficult liveability of the house, being able to make use of serious, precise and consistent presumptions for this purpose, however on the basis of circumstantial elements (to be attached and proven by the alleged injured party) other than the fact in itself of the existence of noise emissions exceeding normal tolerability".
Local noises: what to do?
According to the Court of Cassation [2], the mere fact that a place or a commercial activity is noisy does not imply the possibility for the judge to order its closure. The magistrate is required to make a gradation between a total injunction of entries through the cessation of the activity and the imposition of precautions in carrying out the activity and in the conditions of the property in which it is carried out. The court, although having the right to choose between the different measures permitted by law, has the obligation to specify the reasons for choosing one or the other. This is why the simple obligation to soundproof the room could also be established.
Disturbing the peace due to nightclub music
According to the Court of Cassation, the owner of the nightclub is required to stop the noise even outside the venue itself, i.e. those produced by patrons who stop on the pavement. Otherwise he is personally liable for the crime of disturbing the peace. He must take action to remove the nuisance by putting up signs, setting up a surveillance service and, in case of failure, involving the Municipality which will then have to set up a control service through its own police. Otherwise, if the Municipality does not take action, it will be the responsible party to be called into question.
Noisy neighbors: how to prove it
The phonometric assessment is certainly the best method to understand the amount of decibels produced by a noisy neighbour. But it may not be easy to detect the moment when the annoying entry occurs. Thus, testimonial evidence is also admitted. This is a principle that the Court of Brescia, aligned with the Supreme Court, expressed with particular clarity in a recent ruling [3].
On several occasions, the Court of Cassation [4] has stated that, in terms of noise emissions, the means of proof to ascertain the level of normal tolerability envisaged by the Civil Code do not necessarily have to be of a technical nature.
More precisely, the Supreme Court ruling says that «therefore, nothing prevents the extent of the noise emissions and the exceeding of the limit of normal tolerability from being the subject of witness testimony, also in relation to the times and characteristics of the emissions themselves», then referring it to the judge to evaluate its reliability and congruity.
The Court of Brescia has specified (in the case of noises coming from a construction site near homes) that, even in the absence of technical and objective investigations, the exceeding of the tolerability threshold is evident from the analysis of the concrete methods with which carried out the works, taking into account the tools used for the excavation works (excavators, demolition hammers) and the frequency of their use, as well as the prolonged duration of the works and the proximity of the construction site to the plaintiffs' home.
Noisy neighbor even one tenant can get it condemned
As mentioned, if the noise exceeds normal tolerability and the number of injured parties is indeterminable, it is not necessary for the report to be conducted by all of them: even a report from just one neighbor is sufficient. In fact, the crime of disturbing the peace can be prosecuted ex officio and the private individual's complaint can be limited to reporting the episode to the police who will then have to independently conduct the investigations. Therefore it detects the number of injured parties but not the number of those who complained.
Neighborhood noise and silence times
The law, as anticipated, does not provide for pre-established condominium silence times. But nothing detracts from the fact that the condominium regulations can do so, in which case maximum silence must be observed. In the absence of specific regulation, the criterion of 3 decibels more than the background noise is considered to establish whether or not the noise is tolerable. It remains understood that, during rest hours (from 9 in the evening to 7 in the morning and from 2 in the afternoon to 3), a greater level of attention must always be observed to the production of annoying noise emissions.
Condominium regulations regarding noises for children
The condominium regulations may establish times in which children must observe silence. However, it must be a regulation approved unanimously.
Note:
[1] Art. 844 cod. civil
[2] Cassation sent. n. 19434/2019.
[3] Court of Brescia sentence. n. 1765/2019.
[4] Cassation sent. n. 2864/2016 and 2166/2006.
Nocturnal noises: what you need to know
Disturbing noises from the neighbor in the condominium, from the public place, from the renovation works: how to establish if they are illegal, who to call, how to defend yourself.
There is noise and noise. However, not all noises allow you to speak loudly. The law [1] requires us to tolerate noise that falls within the "normal tolerability". It may seem like a tautology, but the law only intends to assign to the judge the power to establish what are annoying noises on the basis of their entity, the time and place in which they are produced, their persistence and the time during which they last. Everything is therefore left in the hands of the magistrate who decides on a case-by-case basis. And, in fact, it is precisely the sentences that have established the boundaries of this matter.
So here's what you need to know about night-time noises: below, we will answer the most common questions that are usually asked to the lawyer when it comes to putting up with annoying noises from the neighbor upstairs, from the bar or of the nightclub under the house, of the people who walk and sing at night along the sidewalk, of the children of the condominiums who play a musical instrument or who listen to music at high volume, of the air conditioners placed outside the balconies, of the condominium hours in which it is possible do some renovation work and so on.
Noise: when it is illegal
Is there a threshold beyond which noise becomes illegal? At least as far as private activities are concerned, no law establishes a maximum decibel level. Some special provisions contain regulations for commercial activities, factories, airports; Furthermore, the Municipalities can establish, with their own regulations, timetables and noise emissions for nightclubs.
Therefore, it is only the judge who establishes when the noise can be considered tolerable and when it is not. The criteria for defining when a noise is illegal are usually the following:
time: the same noise can be annoying at 2 am and imperceptible at midday. It is therefore always a good idea to check at what time of the day (or evening) the noise is produced in order to assess whether it is illegal;
persistence: a plate that accidentally falls to the floor and breaks into a thousand pieces and the shaking of carpets from the balcony or the vacuum cleaner inside the apartment do not generate the same disturbance. The judge must therefore always evaluate the duration of the noise to establish whether it is truly intolerable or not;
the guilt of those who produced it: making a dog bark because the owner leaves it alone at home is not a justification; the same goes for an old and noisy outdoor air conditioner. Instead, the need to carry out renovation work or plumbing work on leaking pipes is not an activity that can be postponed or avoided;
the place: a noise in the city center is less perceptible than that produced in a residential street where even a honk can easily be heard. The so-called "background noise", i.e. the one coming from the street, capable of covering the noise of the neighbors, is therefore decisive in establishing whether the noise is tolerable or not;
intensity: the louder the noise, the more annoying it is.
To give greater uniformity to the decisions of the courts, the jurisprudence wanted to "self-regulate" by establishing an objective criterion: thus noises that exceed the background noise of the surrounding environment by 3 decibels are considered "intolerable". For example, if in the absence of any neighbor activity the background noise is 2 decibels, anything above 5 decibels is considered intolerable. However, it is a system that has no regulation in the law but finds discipline only in the precedents of the courtrooms.
Too loud noise: is it a crime?
Once it has been established that the noise exceeds normal tolerability and is therefore illegal, all that remains is to understand whether the perpetrator can be reported or not: essentially, is making noise a crime? The answer is not always the same.
Intolerable noise is a crime only when it is such as to disturb an indeterminate number of people: for example the entire condominium or the owners of neighboring houses in the same neighborhood.
It is not the number of people who complain about the intolerable noise that decides whether it is a crime or not, but how many subjects can potentially notice the noise itself, regardless of those who then take action against the person responsible. It could well be, therefore, that only one person files a complaint against a noisy place when it creates a disturbance in the entire building.
Noise at night: who to call?
If the noise exceeds normal tolerability, the carabinieri or the police can be called only when it is noticed by a large number of people, since it is a crime. Otherwise the public authorities have no power and it will be necessary to initiate civil proceedings with a lawyer. Read also Disturbing the peace in a condominium.
Noise: is compensation for the damage due?
Intolerable noise does not always lead to the possibility of obtaining compensation. In fact, jurisprudence has clarified that, for this purpose, it is always necessary to demonstrate damage, which is not inherent in the very fact of the intolerability of the noise [2]. Further information in Noise damage and compensation.
For the judges of the Supreme Court, the damage suffered by the neighbor due to nuisance emissions cannot be considered as a given but must be proven: "the non-pecuniary damage suffered as a result of noise emissions exceeding the normal tolerability" is not automatic: that is, it does not trigger only exceeding decibels. «The injured party who requests compensation in court is required to prove that he or she has suffered actual harm in terms of inconvenience suffered due to the difficult liveability of the house, being able to make use of serious, precise and consistent presumptions for this purpose, however on the basis of circumstantial elements (to be attached and proven by the alleged injured party) other than the fact in itself of the existence of noise emissions exceeding normal tolerability".
Local noises: what to do?
According to the Court of Cassation [2], the mere fact that a place or a commercial activity is noisy does not imply the possibility for the judge to order its closure. The magistrate is required to make a gradation between a total injunction of entries through the cessation of the activity and the imposition of precautions in carrying out the activity and in the conditions of the property in which it is carried out. The court, although having the right to choose between the different measures permitted by law, has the obligation to specify the reasons for choosing one or the other. This is why the simple obligation to soundproof the room could also be established.
Disturbing the peace due to nightclub music
According to the Court of Cassation, the owner of the nightclub is required to stop the noise even outside the venue itself, i.e. those produced by patrons who stop on the pavement. Otherwise he is personally liable for the crime of disturbing the peace. He must take action to remove the nuisance by putting up signs, setting up a surveillance service and, in case of failure, involving the Municipality which will then have to set up a control service through its own police. Otherwise, if the Municipality does not take action, it will be the responsible party to be called into question.
Noisy neighbors: how to prove it
The phonometric assessment is certainly the best method to understand the amount of decibels produced by a noisy neighbour. But it may not be easy to detect the moment when the annoying entry occurs. Thus, testimonial evidence is also admitted. This is a principle that the Court of Brescia, aligned with the Supreme Court, expressed with particular clarity in a recent ruling [3].
On several occasions, the Court of Cassation [4] has stated that, in terms of noise emissions, the means of proof to ascertain the level of normal tolerability envisaged by the Civil Code do not necessarily have to be of a technical nature.
More precisely, the Supreme Court ruling says that «therefore, nothing prevents the extent of the noise emissions and the exceeding of the limit of normal tolerability from being the subject of witness testimony, also in relation to the times and characteristics of the emissions themselves», then referring it to the judge to evaluate its reliability and congruity.
The Court of Brescia has specified (in the case of noises coming from a construction site near homes) that, even in the absence of technical and objective investigations, the exceeding of the tolerability threshold is evident from the analysis of the concrete methods with which carried out the works, taking into account the tools used for the excavation works (excavators, demolition hammers) and the frequency of their use, as well as the prolonged duration of the works and the proximity of the construction site to the plaintiffs' home.
Noisy neighbor even one tenant can get it condemned
As mentioned, if the noise exceeds normal tolerability and the number of injured parties is indeterminable, it is not necessary for the report to be conducted by all of them: even a report from just one neighbor is sufficient. In fact, the crime of disturbing the peace can be prosecuted ex officio and the private individual's complaint can be limited to reporting the episode to the police who will then have to independently conduct the investigations. Therefore it detects the number of injured parties but not the number of those who complained.
Neighborhood noise and silence times
The law, as anticipated, does not provide for pre-established condominium silence times. But nothing detracts from the fact that the condominium regulations can do so, in which case maximum silence must be observed. In the absence of specific regulation, the criterion of 3 decibels more than the background noise is considered to establish whether or not the noise is tolerable. It remains understood that, during rest hours (from 9 in the evening to 7 in the morning and from 2 in the afternoon to 3), a greater level of attention must always be observed to the production of annoying noise emissions.
Condominium regulations regarding noises for children
The condominium regulations may establish times in which children must observe silence. However, it must be a regulation approved unanimously.
Note:
[1] Art. 844 cod. civil
[2] Cassation sent. n. 19434/2019.
[3] Court of Brescia sentence. n. 1765/2019.
[4] Cassation sent. n. 2864/2016 and 2166/2006.