Skip to main content
Normal View

Noise Pollution Legislation

Dáil Éireann Debate, Tuesday - 1 July 2014

Tuesday, 1 July 2014

Questions (306)

Finian McGrath

Question:

306. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding noise pollution legislation and the issue of noisy neighbours; and if he will make a statement on the matter. [27862/14]

View answer

Written answers

Section 107 of the Environmental Protection Agency (EPA) Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes and works. The Environment Section of the relevant City or County Council is the appropriate contact point for reporting a noise nuisance in this regard. In addition, under section 108 of the EPA Act, where any noise is so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance, then it is open to any person, or group of persons, to bring a complaint to the District Court. The Court may order the person or body making, causing or responsible for the noise to take the measures necessary to reduce the noise to a specified level or to take specified measures for the prevention or limitation of the noise and the person or body concerned must comply with that order.

The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet, outlining the legal avenues available to persons experiencing noise nuisance, is available to download from my Department’s website at the following address: www.environ.ie/en/Environment/Noise/.

The Court may take into account whether the person alleged to have caused a noise nuisance took all reasonable care to prevent or limit the noise by using facilities, practices and methods of operation that are suitable for that purpose.

In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies.  All privately-rented properties must be registered with the Private Residential Tenancies Board (PRTB).  One can check if a property is registered by contacting the PRTB; contact details can be found on the PRTB website: www.prtb.ie/contact-us.

Tenant obligations under the 2004 Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood.  The Act also imposes an obligation on landlords to enforce the tenant obligations. There is provision in the Act for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the PRTB in accordance with the procedures in the Act.  However, if an alternative legal course of action is already being pursued, then the PRTB cannot intervene.

In the case of noise nuisance being caused by local authority tenants, a person should contact the relevant local authority.  The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is acceptable, and that which is not. A local authority is empowered, under Section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.

Top
Share