Noise pollution

Information and questions about the Law in Spain and Andalucia.
magnum
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Noise pollution

Postby magnum » Tue Sep 01, 2009 2:48 pm

I understand that new laws are now in place regarding noise pollution.

What is the ruling about live music, karaoke and live broadcasting of sport on TV as I am affected by all three and am anxious to do something about it.

Can you help please

frank
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Re: Noise pollution

Postby frank » Tue Sep 01, 2009 3:21 pm

Surely that's all part and parcel of living in Spain. I know I could never live in a town there, incredibly noisy. I think you could have a battle on your hands, I wish you luck. There was a disco closed in Nerja a few weeks ago for noise pollution (for 3 months) so perhaps there are tightening up.
El Ayuntamiento de Nerja ha impuesto una sanción de 6.000 euros y el cierre por tres meses a una discoteca de la localidad, a causa de las molestias ocasionadas a los vecinos por el excesivo volumen de la música del local. Tras varias mediciones acústicas, se ha podido comprobar que el equipo limitador de volumen había sido manipulado
Regards, Frank

No soy residente, simplemente un turista, ¿qué sé yo?

fljordan
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Re: Noise pollution

Postby fljordan » Tue Sep 01, 2009 4:08 pm

Is your property within a community of owners ?

magnum
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Re: Noise pollution

Postby magnum » Tue Sep 01, 2009 8:51 pm

Thank you all for your advice and interest.

Yes I am well aware that living in a town has its problems and yes I am part of a community and I am not against people who want to enjoy themselves. What I am against is excessive noise.

I really want to know what is this "noise pollution law" is and what it covers

This forum is for legal advice about the law in Spain and that is what I need.

fljordan
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Re: Noise pollution

Postby fljordan » Wed Sep 02, 2009 6:52 am

magnum wrote:This forum is for legal advice about the law in Spain and that is what I need.


One of the most common complaints about neighbours is that they make too much noise. It may be possible to take legal action against them, but it is highly desirable in practice for the parties to try to resolve disputes of this nature amicably. In particular, the need to compromise is important, for what is an acceptable noise level to one person may be unacceptable to another and it is difficult for a Court to
set down specific rules on an issue such as this.
Section 3 (d) of the Noise Act 37/2003 defines noise pollution as ‘presence in the ambient of noise or vibrations, whichever the acoustic source comes from, which entail nuisance, risk or harm to individual and their activities or to goods of any nature, or affects significantly to the environment.
The chief problem is that this Noise Act in sections 2 (2) and 28 (5) refers to council regulations in order to govern vicinity noises. Only noises caused by bars, industries etc shall be under the Noise Act.
Similarly, s. 4 (a) of Land Act 2/2008 provides that citizens are entitled to enjoy a decent housing, suitable and accessible and protected against noise. In regard to building standards, Royal Decree 1371/2007 provides the requirements in construction in order to insulate housing.
Some regional bodies also have their own rules regarding noise pollution
i. Baleares 1/2007 Act
ii. Murcia 48/1998 Decree
iii. Valencia 7/2002 Act and 2/2006 Act
iv. Andalucía 7/2007 Act
These regional rules usually refer to council regulations in order to delimit the vicinity noises. In general, most of these rules consider that more than 40db (Maximum decibels allowed are not homogeneous in every regulations) inside the property during the day time shall be deemed as noise. Courts are very sympathetic with individuals affected by acoustic pollution and tend to compensate them even when pollution does not reach limits laid down in regulations. These regulations are barely enforced by Town Halls, which are rather passive, and as a result are often condemned to indemnify due to their passiveness (ruling in Valencia 14-12-2005 and High Court in Catalonia 20-01-2006). Regardless the compliance of the council regulations against noise where harm is probed the courts are claiming the accountability of those who are causing unhealthy effects to individuals (SC 24-05-1993 and 03-09-1992) The Legislator is aware of the failure in this fight against noise in Spain, and for this reason it has been included as an offence in s. 325 of the Criminal Code by the 15/2003 Act.

julian
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Re: Noise pollution

Postby julian » Wed Sep 02, 2009 7:03 am

is the noise coming from a private property or a bar?

magnum
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Re: Noise pollution

Postby magnum » Wed Sep 02, 2009 2:29 pm

Thank you fljordan for your informed reply. (this is also a response to Julian)

My property is in a busy area surrounded by bars and restaurants. Recently a Sports Bar oopened in a property that once was a quiet restaurant and my apartment is directly above it. We are subjected to constant TV noise at all times of day, football, racing etc. There is no insulation in the roof of this sports bar and the noise permiates through. I have spoken to the owner about reducing the noise but he chooses to ignore me although there is often no one in the bar.

We also have a problem with other bars and the music from one bar, 100 metres away was unbelievable at 2am.

I have no problem with people enjoying themselves but when the noise affects the residents quality of life something needs to be done.

I need to be sure of my facts before I proceed that is why I have asked for advice. It may well be that I seek the help of my community but as most residents are second home owners it is difficult to contact them.

Laslomas
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Re: Noise pollution

Postby Laslomas » Wed Sep 02, 2009 2:43 pm

Magnum, maybe a trip to the Ayuntamiento would be a good idea. The Disco in Nerja that was closed, mentioned by Frank, was because the Ayuntamiento were frightened they would end up paying huge amounts in compensation to the residents nearby who were putting in the complaints. This was after a case in Torre del Mar recently where the residents in an apartment block close to a bar were each paid something like 12,000 euros compensation for their suffering because the authorities did nothing about their complaints.

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Colinm
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Re: Noise pollution

Postby Colinm » Wed Sep 02, 2009 4:33 pm

Here's a link to the story of the bar that was closed down in Velez.
http://www.andalucia.com/news/cdsn/2004-03-03.htm

(It's down near the end of the page 'Velez to close bar at El Ingenio')
ádh mór ort agus sláinte.....
(Good luck and good health)!

fljordan
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Re: Noise pollution

Postby fljordan » Thu Sep 03, 2009 1:40 pm

Magnum

If the music comes from a premises within your community section 7 (2) of the Commonhold Act 49/1960 must be applied in addition of administrative measures explained in my previous post

(2) The owner and the occupant of the flat or premises shall not carry out in such flat or premises, or in the rest of the building, any activities which are not permitted by the Articles , or which may cause damage to the estate or contravene the general regulations concerning nuisance, unhealthy, noxious, hazardous or unlawful activities.
The president of the commonhold association, on his own initiative or at the request of any owner or occupant shall request the immediate ceasing of any of the activities banned by this section under warning of appropriate court action.
If the offender persists in his/her conduct, the president, subject to the authority of the Owner’s Committee, duly convened for this purpose, may undertake a court injunction procedure, which, insofar as not expressly provided for in this section, shall be handled by ordinary procedure.
Once the action is brought, along with the accreditation of formal notification to the offender and the certification of the resolution adopted by the Owners’ Committee, the court may order as a precautionary measure the immediate cessation of the prohibited activity, under admonition of incurring an offence of contempt.
Furthermore, the judge may adopt any provisional measures necessary to ensure the cessation order. The action must be brought against the proprietor and, if fitting, against the occupant.
If the judgement were for the claimant, it may decree, besides definitive cessation of the prohibited activity and the awarding of damages as may correspond, the forfeiting of the defendant’s right to use the flat or premises for no more than three years, depending on the seriousness of the infringement and mischief caused to the commonhold. If the infringer were not the owner, the judgement may definitely terminate the offender’s rights to the flat or premises and order his immediate eviction.

magnum
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Re: Noise pollution

Postby magnum » Thu Sep 03, 2009 5:22 pm

fljordan

Thank you once again for your input.

Yes the noise from the Sports Bar comes from within my community. Our president is also a business owner within the community but it appears from your latest contribution, as long as I complain to him he has to do something about it.

It is a second home and my wife and I are coming over next week, so we shall probably decide what action to take.

Thank you once again.

fljordan
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Re: Noise pollution

Postby fljordan » Thu Sep 03, 2009 5:57 pm

It does not matter that the business has all the permissions from the Council.
Even with licence the business could be closed if nuisance is proved


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