How to Deal with Noise Problems
One of the most detrimental effects of modern civilization is noise pollution. Every day, we are exposed to high levels of noise, and, as if that were not enough, many people also endure unacceptable levels of noise during the night.
From a health perspective, it is well established that excessive noise affects the human body, and studies have proven that many mental and physical illnesses stem from this form of pollution.
Governments are aware of this issue, but in many cases, little can be done when people live in areas with industries, bars, roads, or other noise sources that make their lives unbearable, even at night.
Noise Regulation
In theory, noise levels are regulated, as are the hours during which noise can be produced. Generally, the maximum permissible noise level in a bedroom is 25 decibels. However, despite these regulations, many people suffer from higher noise levels. The first step for those affected should be to obtain a technical report certifying the actual noise level inside their home at a specific time.
Most municipalities have enacted local ordinances establishing quiet hours to ensure that neighbors are not disturbed. For example, in many areas, it is prohibited to make noise between 11:00 PM and 8:00 AM, meaning that loud music, house parties, or other disruptive activities are not allowed during these hours. If someone violates this rule, calling the police is an option to address the issue.
Similarly, if the problem is dogs barking at night, a complaint can be filed with the municipality, which, in theory, should handle the situation.
Legal Actions Against Noise in Residential Communities
If the source of the noise is a neighbor within a residential community, the community may initiate legal action against the responsible owner. In severe cases, a judge could prohibit the owner from using the property for up to three years.
If the noise comes from a tenant, the judge could terminate the lease and order their eviction.
Noise from Commercial Establishments
When the noise originates from commercial establishments, these businesses must have municipal authorization and comply with measures to prevent noise levels from exceeding legal limits inside nearby homes.
If a factory, nightclub, pub, or bar operates beyond legal closing hours or emits noise levels above the permitted limits, affected residents may file a complaint with the municipality.
In theory, no home should be exposed to noise levels exceeding legal limits, so businesses must install soundproofing or take necessary measures to ensure that noise levels inside residential units remain below the threshold.
If this does not happen, affected property owners have various legal recourses:
- If the noise level is extremely high and unbearable, it may be classified as a criminal offense under Article 325 of the Spanish Criminal Code.
- If the case is not severe enough to constitute a crime, the affected resident may file a complaint with the municipality, requesting enforcement of local regulations against businesses that violate the law.
- If the municipality fails to act, the affected resident may sue the local government to compel it to enforce the law.
- If the noisy establishments are located within a residential community, the community may initiate legal proceedings under Article 7 of the Spanish Horizontal Property Law to request the closure of the business.
- If the establishments are not part of a residential community, the Spanish Civil Code also provides the possibility to file a lawsuit against the business.
Noise Generated by People on the Streets
In many cases, noise issues do not originate directly from the business itself but rather from crowds gathering inside and outside the premises.
When streets remain full of people throughout the night, it is almost impossible to hold a single business accountable for the disturbance. In these cases, the appropriate legal action must be directed against the municipality, which is responsible for regulating and managing public order.
Compensation for Damages
In addition to requesting a court order to halt the noise, in some cases, it is also possible to seek compensation for damages resulting from the violation of noise regulations.
This compensation would cover moral damages caused by prolonged exposure to excessive and illegal noise levels.