1.
NP2
NOISE POLLUTION
information on the environment / eolas ar an gcomhshaol
www.enfo.ie
A Guide to the Noise Regulations
This leaflet outlines the steps open to the Courts about noise from dogs Finally, you may exercise your right
to you under the law when you are is available from your local authority. to make a formal complaint to the
experiencing nuisance caused by District Court seeking an Order to
noise. It is intended as a practical (3) When can I take action to deal deal with the nuisance.
guide and is not a legal with noise as a nuisance?
interpretation of the law. For more (5) Will the District Court solve my
information you may consult your Whenever you consider a noise to be problem?
local authority or seek legal advice. so loud, so continuous, so repeated,
of such duration or pitch or occurring The task of the District Court is to
(1) What type of noise problems are at such times that it gives you hear both sides of the case.
covered by simple legal reasonable cause for annoyance you
procedures? can initiate action to deal with it. Where it finds in your favour it can
order the person or body making the
The procedures outlined here are (4) What action can I take? noise to reduce it to a specified level,
designed to cover general to limit it to specified times, or to
neighbourhood type noise problems, Initially, it may be sufficient to cease altogether.
such as continual noise from other explain to whomever is causing the
houses, home workshops, local noise that it is a nuisance and so (6) Are there any legal conditions
businesses etc. The Environmental come to some mutually acceptable which I need to take into
Protection Agency Act 1992 (Noise) understanding. In the case of noise consideration before I decide to
Regulations, 1994 (S.I. No. 179 of emanating from multiple occupancy complain to the District Court?
1994) provide redress in the case of rented accommodation, the landlord
these types of problems. They are (or the relevant Council in the case Yes, the legislation specifies certain
designed to allow straightforward of local authority housing) should be conditions that amount to a good
access to the Courts by individuals or contacted to determine if breaches defence in Court for the person
groups concerned about excessive of the tenancy agreement have allegedly causing the nuisance.
noise. occurred.
(7) What are the “good defence”
(2) Are any types of noise excluded If this does not resolve the matter conditions?
from these procedures? you may wish to consider contacting
your local authority or the EPA (see The person concerned may prove
Yes. Complaints about aircraft noise question 12) to ascertain whether it
should be directed to the relevant is in a position to take action. While • that he/she took all reasonable
airport authority or the Irish Aviation the local authority, or the Agency, is care to prevent or limit the noise
Authority in the first instance. In unlikely to become involved in by using facilities, practices and
addition, problems arising from disputes between neighbours, it may methods of operation that are
barking dogs are covered under the consider serving a notice in respect suitable for that purpose, or
Control of Dogs Acts 1986 & 1992. A of noise from industrial or
copy of the Form used for complaints commercial sources. • that the noise is in accordance
it’s easy | to make a difference

2.
NOISE POLLUTION/ Guide to Noise Regulations/ NP2
with a licence issued under the Environmental Protection Agency Act, (13) Has my local authority a role in
Environment Protection Agency Act 1992 and the Environmental dealing with noise problems?
1992. Protection Agency Act, 1992 (Noise)
Regulations 1994 (S.I. No. 179 of 1994). Yes. Local authorities have the same
(8) Must the Court Order be Copies may be purchased from the powers as individuals to complain
complied with? Government Publications Sales Office, about noise problems to the District
Sun Alliance House, Molesworth Court. In addition, they have similar
Yes, the person (or body) concerned Street, Dublin 2, tel: (01) 6793515 or by powers (including serving a notice
must comply with the Court Order. mail order from the Government under Section 107 of the EPA Act,
Publications Postal Trade Section, 1992, on the person causing the
(9) How do I complain to the District 51 St. Stephens Green, Dublin 2. noise for the purposes of preventing
Court? tel: (01) 6476000. or limiting the noise) to the
Environmental Protection Agency in
Once you have decided to take your (10)Must I consult a solicitor if I wish relation to premises, processes and
case to the Court there are a number to complain to the Court? works other than those which
of steps which you must follow:- require licences under the
No, nor is there a requirement to be Environmental Protection Agency
(i) Consult with the Clerk of your represented in Court by a solicitor in Act. (See also question 4)
local District Court about a date Court. However, you may wish to
for the hearing of your case. take professional legal advice and (14) What are the penalties for a
this remains a matter of personal breach of the law?
(ii) Once a time has been set for choice.
your Court hearing you must For summary cases dealt with in the
inform the person concerned (11) What is the cost of taking this District Court, a fine of up to €1,270
that you will be making a action? or imprisonment for up to 12
complaint to the District Court. months, or both, may be imposed.
The date for the hearing of the The District Court charges a nominal
case must be at least seven days fee for processing the action (€15 as
later than the date you inform at August, 2003) (15) What about specified noise
the person or body causing the standards or maximum noise
noise. (12) Has the Environmental levels?
Protection Agency a role in
(iii) A specimen copy of the form dealing with noise problems? No universal statutory noise
used is shown on the reverse of standards apply in Ireland though
this leaflet. This may not be used In the case of an activity for which a local authorities may specify
for actual proceedings. The licence is required under the particular noise standards as part of
District Court will provide you Environmental Protection Agency Act a notice served under Section 107 of
with the form to be used for 1992, the Agency can require the the Environmental Protection
making the complaint. It is taking of specified measures to Agency Act 1992. Any standards set
important that you use the prevent or limit the noise. The will depend on the specific noise
actual form provided by the person (or body) required to take source and will generally have regard
court and that you complete it such measures must do so or face to relevant international guidance
accurately and fully. You must prosecution. Alternatively, the and standards.
attend Court at the arranged Agency may take the remedial
time and present your complaint. measures itself and recover the cost The European Communities
It is also generally advisable to from the person in charge of the (Protection of Workers) (Exposure to
have a record of the times and source of the noise. Any person may Noise) Regulations 1990 (S.I. No. 157
dates when the noise nuisance request the Agency to exercise its of 1990) provide, inter alia, for the
occurred. power in relation to noise causing a assessment and measurement of
nuisance from such an activity. noise experienced at work, the
When consulting the Court Clerk you identification of areas where noise
should be in a position to refer exceeds specified levels and for the
precisely to the law relating to your maintenance of records of noise
case; this is Section 108 of the levels. Enforcement of these
regulations is undertaken by the

3.
INFORMATION ON THE ENVIRONMENT / EOLAS AR AN GCOMHSHAOL
Health and Safety Authority, 10 standard specification No. 199 of of the licence can be made on the
Hogan Place, Dublin 2 (tel. 01 1987 and operates a certification grounds of the character of the
6147000); www.hsa.ie scheme to that standard which, inter licensee, or the peaceable and
alia, specifies a minimum, (15 orderly manner in which the
In addition, Section 34 of the minutes) and maximum, (30 premises were conducted in the past
Planning and Development Act, minutes) duration for the sounding year. With regard to the application
2000 provides that a Planning of external intruder alarms in for a special late night exemption,
Authority may attach specific buildings with the alarms being the Intoxicating Liquor Act 2000
conditions in respect of noise to a required to cease automatically after provides that a court shall not grant
grant of permission for the maximum duration. a special exemption order in respect
development. of any premises unless it is satisfied
A new European Standard - EN that the special occasion will be
(16) Can anything be done about 50131-1 of 1997 – prescribes shorter conducted in a manner which will
construction noise? minimum and maximum durations not cause undue inconvenience to
of 90 seconds and 15 minutes persons residing in the vicinity of
There is no specified statutory period respectively. The connection of those premises.
during which certain works e.g. monitored business intruder alarm
construction, road works, DIY etc. are systems to Garda Siochána stations (20) What about traffic related
prohibited. However, a Planning is contingent upon the use of alarm noise?
Authority may attach conditions to systems which are certified by NSAI
individual planning permissions for and installed by certified installers. The Environmental Protection
any development on a case by case Agency Act 1992 (Noise) Regulations
basis. These tailored conditions may In the case of a faulty alarm, a local 1994 (S.I. No. 179 of 1994) are not
include restrictions on the times authority may also serve a notice designed to cover noise from
when construction work can be under Section 107 of the roadways. Complaints about local
undertaken (see question 15). If you Environmental Protection Agency traffic related noise should be
are encountering noise from a Act, 1992 (see question 13). addressed to the relevant roads
construction site you should, in the authority in the first instance. For
first instance, contact your Planning No standards have been set to date national road schemes, potential
Authority to ascertain whether any for the operation of car alarms. noise emissions are addressed as
such conditions apply. As with part of the Environmental Impact
question 13, a local authority may (18) What can be done about the Assessment process undertaken by,
serve a notice under Section 107 of noise from crow guns/bangers? or on behalf of, the National Roads
the Environmental Protection Authority.
Agency Act 1992, on the person If the use of noise devices used by
causing the noise for the purpose of farmers to scare off birds eating In addition, EU Directive 2002/49/EC
preventing or limiting the noise. You their crops (know as “crow sets out certain requirements for the
may also exercise your rights as set guns/bangers”) is causing a nuisance assessment and management of
out in question 4. as described in question 3 the same environmental noise from transport
actions are available as described sources (including major roads)
(17) What can be done about faulty under question 4. including the making of strategic
alarms? noise maps and action plans.
(19) What about noise from
Some local authorities have issued pubs/discos?
guidelines in relation to intruder
alarms which recommend that Any person may take a complaint to
owners/occupiers of alarmed the District Court as outlined under
property should nominate at least question 3 in respect of noise from a
two keyholders that can be licensed premises. In addition, under
contacted in the event of the Section 4 of the Courts (No. 2) Act
activation of the alarm. 1986, any person is entitled to object
to the renewal of an intoxicating
The National Standards Authority of liquor licence at the annual Licensing
Ireland has published a voluntary Court. The objection to the renewal
it’s easy | to make a difference

4.
NOISE POLLUTION/ Guide to Noise Regulations/ NP2
SPECIMEN FORM FOR MAKING * a person lawfully using a public (8) To be signed by the complainant,
NOISE NUISANCE COMPLAINT place, (3) i.e. the local authority or person
concerned.
THIS FORM IS A SAMPLE ONLY AND NOTICE IS HEREBY GIVEN to the
CANNOT BE USED IN ACTUAL defendant that the complainant
NB The Court may order the person
DISTRICT COURT PROCEDURES intends to make a complaint
or body making, causing or
pursuant to section 108(1) of the
Environmental Protection Agency above Act to a sitting of the District responsible for the noise to take the
Act, 1992 Court for the said court area and measures necessary to reduce the
district to be held at noise to a specified level or to take
Notice pursuant to section 108(3) of the specified measures for the
the Environmental Protection prevention or limitation of the noise.
________________________________
Agency Act, 1992 of intention to
make a complaint to the District __________________________
Court in relation to noise giving
reasonable cause for annoyance. on the __ day of __ 20__ at __
a.m./p.m. (6) being a date not earlier
than 7 days from the date of this
Complainant notice, and to seek an order
________________________________ pursuant to that section in relation
to the said noise.
______ (1)
Dated this __ day __ of 20__ (7)
of
________________________________ signed ___________________ (8)
_______________
To ______________________ of
Defendant
__________________________(2)
________________________________
The above named defendant.
_________(2)
Notes for completing this form
of
(1) Insert name and address of
________________________________ person or local authority making
________________ complaint.
WHEREAS the above-named (2) Insert name and address of
complainant alleges that the above- person or body alleged to have
named defendant is the *person made or have caused or have
*body (3) making, causing or been responsible for the noise
responsible for the following noise, (see section 14 of the Act in
namely, regard to the service of notice).
(3) * Delete as appropriate.
________________________________
_____________________ (4) (4) Insert details of the noise Issued by:
complained of - including ENFO – The Environmental
location in the court area and Information Service,
at __________ (4) in District Court 17 St Andrew Street,
district no. __ and District Court Area district, nature, source, date, time Dublin 2, Ireland.
of __ (4) which such noise is so etc.
loud/so continuous/so repeated/of Tel: (01) 888 3910
Lo Call: 1890 200 191
such duration or pitch/occurring at (5) Delete whichever of these terms
Fax: (01) 888 3946
such times (5) as to give reasonable and conditions may not be e-mail: info@enfo.ie
cause for annoyance to appropriate in the case of the www.enfo.ie
noise concerned.
Write to or visit our Centre at the above
* the complainant address or you may check out the ENFO
(6) Insert details of the Court sitting information stands at your Local Authority
* a person in any premises in the concerned. Office / County Library
neighbourhood, ENFO is a service of the Department of the
(7) Insert date. Environment Heritage and Local
Government.
Printed on recycled paper
March 2004