Neighbourhood noise

What does the neighbourhood law say about noise?

It is subsequent laws which regulates disputes about noise. The Neighbourhood Act is also known as the grannelova.

In order for the Neighbourhood Act to apply, the noise must be unreasonable or unnecessarily harmful or inconvenient to the neighbour. In disputes about noise from neighbours, it is the wording «unreasonable» and «unnecessary» that is worth noting.

What is unreasonable noise?

It's reasonable for your neighbour to redecorate, but it's an unreasonable inconvenience for you if he redecorates and makes noise until after midnight.

What is unnecessary noise?

It's necessary for a neighbour who is a professional musician to practice his guitar, but it's an unnecessary inconvenience if he practices in the garden instead of the loft.

Unnecessary noise is simply noise your neighbours can choose to shield you from.

Where do you draw the line on noise from your neighbours?

In many cases, how much noise you should tolerate depends on where you live. If you live in a residential area, for example, there will be different types of noise than in a block of flats. In a residential area, the sound of lawnmowers and lawnmowers will be normal, while in the city, noise from neighbouring apartments will be part of the cityscape.

The more uncommon the problem, the easier it is to resolve. There is a higher threshold for complaining if you have chosen to live next to a nightclub than if your neighbour in your residential area has a disco for his friends every weekend.

Neighbouring noise therefore depends on a discretionary assessment that in some cases must be decided in court.

Are there more laws against noise?

It is normal for housing cooperatives and condominiums to have their own rules for noise that residents must adhere to. Here it is normal Co-operative Housing Act, co-ownership law and the owner's section act that apply.

The condominium association's rules of conduct are often more specific than the Neighbourhood Code, and make it easier to complain about your neighbour if he or she breaks the rules.

Another law that regulates noise is Act on public holidays and public holiday peace.

It states that «on public holidays from 00:00 to 24:00 and on Easter, Pentecost and Christmas Eve after 16:00, there shall be public holiday peace, which no one may disturb with undue noise.».

This law applies not only to neighbours, but also to construction work.

What is a noise regulation?

Regulations are general rules on citizens' rights or obligations, laid down by a public authority - state or municipality. For example. Oslo has its own noise regulation which aims to protect against noise that may pose a risk to health.

Should I notify my neighbour about noise?

Answer. A neighbour notification is positive because it shows that you pay attention to your neighbours by informing them of what will happen. Most neighbours tolerate noise from their neighbours as long as they know about the noise in advance.

Under the Neighbourhood Act, you are also obliged to give notice that you are going to start work on, for example digging, construction or industrial activity that may cause damage or inconvenience to the neighbour.

It's important to know that you can't make as much noise as you want just because you send a neighbour notification. You still have to comply with laws and regulations.

How do I proceed in a neighbour dispute about noise?

The easiest way to prevent neighbour conflicts is to raise the problem with the neighbour in a polite manner. If this does not work, it is important that further dialogue takes place in writing. This should clearly state that you are complaining about neighbouring noise. If this does not lead to a solution, you should contact a lawyer who is an expert in neighbour disputes about noise.

Can I demand correction of noise in a neighbour dispute?

Right. The Neighbourhood Act gives you the right to demand rectification. If noise from your neighbour exceeds the tolerance limit, you can demand, for example, that a noise barrier is erected or that the noise is limited to certain periods of the day.

This is based on a discretionary assessment that weighs the benefits for the person creating the noise against the inconvenience for the neighbour. Sometimes this judgement has to be decided in court.

Can I get compensation for noise in a neighbour dispute?

Answer. It will be possible to claim compensation for noise if the noise from the neighbour is illegal, but this assumes that you have suffered a financial loss. This can be difficult to prove, and must therefore often be assessed and decided in court.

Do I need a lawyer?

What is unreasonable or unnecessarily inconvenient for you can be difficult to assess. It will also be challenging if the neighbour is difficult to communicate with. It may make sense to contact a lawyer who is an expert in neighbour conflicts, such as Jørgen Bugge.

Do I have to pay for a lawyer myself?

In the event of a neighbour dispute, your home insurance or house insurance will normally have a legal aid cover. This covers your legal expenses up to NOK 100,000 in the event of a noise dispute. You will have to cover the deductible for the insurance as well as any legal fees in excess of this amount yourself.

Why should I choose Advokatfirmaet Halvorsen & Co?

For almost 30 years, we have assisted many clients in property disputes. Our lawyers have extensive experience and are experts in neighbour disputes.

We always offer a free conversation about your case. Get in touch with us today.