Tips for noise nuisance caused by neighbours

Due to the corona crisis, as many Dutch people as possible have been working from home for more than five weeks. We recently wrote an opinion piece for Het Parool in which we argued for a stronger legal position to be able to work from home after the crisis. However, working from home can sometimes be challenging due to nuisance from the neighbors.

Now that many people are at home, this can cause friction with the neighbors. If it is not the running children of the upstairs neighbors, then it is the downstairs neighbors who have decided to use this time to renovate their house. This can not only be disruptive when meetings are held online, but it also puts a heavy burden on the ability to concentrate during other work.

It follows from case law that some form of nuisance to neighbors is socially acceptable. You will have to accept each other’s lifestyles to a certain extent. This is especially true in a city like Amsterdam, with old and densely built houses. But what if the nuisance is too disruptive?

Step 1 would be to discuss the matter with the neighbors; Let them know that they are causing a nuisance and try to reach agreements if necessary. Adjustments could possibly be made to the home, such as a carpet, rubber caps under the washing machine or insulation, etc. But agreements can also be made not to drill during certain hours.

If consultation with the neighbors has led to nothing, you can contact the landlord or the VvE. The landlord may be able to mediate or take other measures to resolve the noise nuisance. Structural noise pollution can sometimes only be solved with structural interventions by the landlord.

In the case of owner-occupied homes, the deed of division or the internal regulations can be consulted. This sometimes contains rules to prevent unlawful nuisance. It may also state what the homeowners’ association can do if the rules are not adhered to, such as imposing a fine.

You could also consider hiring a neighborhood mediator or mediator. These people are trained, among other things, to mediate in problems between neighbors, such as noise pollution. This option is only possible if both you and your neighbors want to participate voluntarily.

A nuisance reporting center at the municipality or province could also be considered. After such a report, a rapporteur can visit the situation on site and, if necessary, call in other authorities. The mayor is even authorized to impose measures in the event of serious and repeated nuisance.

If the situation really does not improve, it is an idea to contact the police. The local police officer could possibly mediate. The police can take action if a criminal offense has been committed or if public order is disturbed. This is, among other things, the case with excessive noise. Please bear in mind that the neighborly relationship, if not already the case, may be irreparably disrupted by calling in the police.

The same goes for the last resort; the path to court. With the help of a lawyer, the judge can be requested to prohibit the neighbors from continuing to cause nuisance, with or without a penalty. In some cases, the landlord may also be forced to reduce the rent. The landlord is obliged to ensure the rental enjoyment of his tenants.

In any case, it is important that noise pollution can be proven. It is advisable to keep a logbook of the nuisance, which describes when and what form of nuisance can be heard. Recordings can also be made from your own home to record the volume of the sound. It is advisable to collect statements from those involved. Are there other neighbors who are also experiencing problems? Has the local police officer confirmed that there was indeed noise pollution? Then try to get this all in writing.

However, our advice is to make every effort to make agreements with the neighbors. In Corona times, we may not be in each other’s rooms, but as a home worker you can quickly experience problems with your neighbors without causing any nuisance.

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