During this period of confinement we are sharing space with our neighbours more than ever. Barking dogs, carpentry tools, musical instruments, children shouting, loudspeakers … our neighbours can be the source of many potentially irritating sounds. What are your rights and what can you do in this type of situation?
What is the Cut-Off Time?
It is often said that after 11 o’clock, we are not allowed to disturb the peace and noisy parties must come to an end. In reality, there is no law governing noise; yet, you have the right to expect that an annoying sound will stop no matter the time or day. However, enforcing this principle is no simple matter. In fact, there is no right to complete silence and the Civil Code states that “Neighbours shall suffer the normal neighbourhood annoyances that are not beyond the limit of tolerance.”
How Much to Tolerate
Each person has his or her own level of tolerance with noisy neighbours: for some, the roar of the neighbouring house’s heat pump is a gentle hum, for others, it’s a stress-inducing racket. The same is true of most usually occurring sounds. In the eyes of the law, neighbourhood noise is assessed according to what is tolerable on average, hence the term used in the Civil Code of “normal annoyances.” So, if your ear is sensitive, you may not win your case in court. For example, it is rare for the sound of children shouting to be legally considered abnormal.
What Is Considered Abnormal Noisy Neighbours?
To determine if you are in a good position to make a formal complaint against a noisy neighbour, you must first determine if you are actually the victim of an abnormal nuisance as defined by the law. To help you make your own objective assessment, ask yourself the following questions:
- Is it repetitive? For example, a dog that barks several times a day or music playing almost every night? Here’s a tip: keep a log of when you are disturbed by the noise. In the end you may find that it’s not actually that frequently.
- How long does it last? Does it only go on for 15 minutes during supper time? If this is the case, the authorities may simply ask you to be patient. But all this depends on the type of noise.
- Does it occur randomly? Does the sound always come around at the same time so that you can anticipate it, or can it happen at any moment? This fact may count in your favour as unpredictability can cause stress.
- Has it seriously impacted your quality of life? Ask yourself what the real impact of the noise has been on your life. Do you experience stress? Are you sleeping poorly? Or are you just angry? In the latter case, this may not be enough for the court to demand that your neighbour change his behaviour.
Municipal Bylaws
If you are being inconvenienced, the first step is to talk to your neighbour to work out a compromise. However, if the situation does not improve, many municipalities have specific rules governing noise nuisances. Visit their website or contact your city clerk’s office. Your local police station can also answer your questions.
Where You Live
It is also important to note that where your house is located may cause the authorities to dismiss your complaint. For example, if you bought a property near a recreational airport you will have to put up with the noise generated by the engines. The same is true if you live above a restaurant-bar in the heart of the city; conversely, if you are affected by the music from a nightclub 200 metres away from your home, you may be able to get them to turn down the volume.
What to Do to Put a Stop to the Noise
- The first step is always to talk with your neighbour. Be polite! There is no point in insulting them or you may never be able to come to an agreement.
- If despite your efforts the situation doesn’t change, the second step is to send them a formal notice letter.
- The third step is citizen mediation. This is a free or low-cost service.
- The fourth step is to file a complaint with your neighbourhood police station.
- The fifth step, which happens very rarely, is to file a formal complaint with the small claims court.
We hope that this situation is resolved quickly … and without conflict!