Hello and welcome back. If you’ve made it this far, it’s because you’re fed up with the neighbour upstairs who plays loud music, or the neighbour next door who puts the rubbish out at the wrong time. The one who disturbs your sleep in the middle of the night, or the one who can’t be bothered to pick up after their pet, or whose dog won’t stop barking. We’ve all been in your shoes at some point, but Do you know what to do about noisy and annoying neighbours? What should you do? What rights do you have, and what protection does the law offer you?
Here are a few tips on what you can do
To begin with, you should know that in Spain there is the Horizontal Property Law. Article 7.2 states that “The owner and occupier of the flat or premises are not permitted to carry out, on the premises or elsewhere in the building, any activities prohibited by the articles of association, which may cause damage to the property or which contravene the general provisions regarding activities that are a nuisance, unsanitary, harmful, dangerous or unlawful.”
From Meridional Team, as specialists in the management of owners’ associations, we’ll help you sort out these problems and take action without having to argue with your neighbours.
If you want to know what to do, carry on reading and we’ll give you some suggestions and steps to follow.
What we’ll be looking at in this article:
- How should you deal with noisy neighbours?
- How do you tell your neighbour that they’re being noisy or a nuisance?
- Steps to follow
- Have a chat with your neighbour:
- Bring this to the attention of the owners’ association
- Bring it to the attention of the authorities
- Legal action
- Conclusion
How should you deal with noisy neighbours?
Generally speaking, relations within a residents’ association tend to be peaceful and stable, but it is also true that, from time to time, this tranquillity is disrupted by the arrival of a new neighbour, or when one of our neighbours suddenly changes their habits or routine.
People are more likely to have disputes with their neighbours than with anyone else, and of these disputes, the most common cause is noise. Noisy neighbours can make many people’s homes unliveable. It is possible to take legal action, but this should be a last resort.
But how do you tell your neighbour that they’re being noisy or a nuisance?
We need to bear in mind that before deciding What to do about noisy and troublesome neighbours (whether it’s loud music, building work at odd hours, disruptive pets, moving furniture in the middle of the night, parties, …) we must understand that if we live in a block of flats, this also means being tolerant – though within certain limits, of course.
If you decide to take action and speak to him, it should be because he really is a recurring nuisance as a neighbour, and not simply because of a one-off incident.
It’s a tricky situation, and we probably don’t know how to tell a neighbour that they’re being a nuisance, or that their behaviour or activities are causing a problem. With a bit of effort, their behaviour can be changed. If the time comes to speak to them, it’s probably because we can’t put up with it any longer; it’s likely to be affecting our health and, on some occasions, has caused us anxiety.
If the noise or disturbance is an isolated, one-off occurrence, all we need to do is be patient and wait for it to stop – after all, there may be times when we are the ones causing a nuisance. However, if it is a recurring and frequent problem, here’s what you should do.
Here are the steps you can take if you’re having problems with noisy and disruptive neighbours
1. Have a chat with your neighbour:
In most cases, the easiest thing to do is to approach the neighbour causing the disturbance or noise directly, and try, in a polite and friendly manner, to ask them to stop the activity that is causing the nuisance.
You should also bear in mind that, depending on the neighbour’s character – who may not be very respectful – it is best to go accompanied by other neighbours who can act as witnesses.
2. Inform the owners’ association:
If, after trying to speak to your neighbour, the situation remains the same, you should speak to the chair of the owners’ association, bring the matter to their attention and explain the background to the situation so that they can intervene.
Generally, the chairman and the residents affected by the disturbance will seek advice and the intervention of the building manager, who will contact the person responsible for the noise or disturbance and ask them, in a friendly manner, to put an end to it.
In Southern Team hWe have been involved in tosome ”incidents, all of which have been resolved without requiring anything more than a simple, amicable request.”
Domingo Ariza, Manager at Meridional Team
If the problem persists despite attempts to make contact and friendly requests. A formal notice, signed by the chair of the residents’ association, will be drawn up and sent to the resident causing the disturbance. This notice will set out the residents’ association rules, where applicable, and, failing that, the regulations in force governing community coexistence.
What if none of the above works either?
The next step is:
3. Report it to the authorities:
Firstly, you can go to your local council and lodge a complaint against that neighbour, setting out and providing evidence of all the facts that have led to the complaint (dates, times, cause of the disturbance), once filed, the local police will be called to the scene (though by the time they arrive, it may no longer be the right moment).
It would be best to call them whilst the noise or disturbance is occurring; that way, they will be able to check on site the damage this is causing. They may even intervene and draw up an official report (which will be useful to us should we need to take legal action against the neighbour).
SDepending on the type of town or village in which we live, jurisdiction over this sort of dispute lies with either the local police or the Civil Guard.
– Even with the authorities stepping in, it still causes a nuisance –
What can we do?
Finally, if none of this works, the next step would be to bring a legal claim.
4. Legal action
Therefore, if you have tried every possible means – both amicable and formal, individually and as a community – to resolve the dispute with your neighbour, and you are still unable to enjoy the peace and quiet that your home should provide, you ultimately have no choice but to take legal action. If you live in a owners’ association, the first step is to call an extraordinary general meeting to authorise the filing of a claim against the problematic neighbour. If the occupant of the property or premises is not the owner, the claim will also be directed against the owner.
Before taking legal action, you must bear in mind – and this is very important – that in any legal proceedings, you must be able to prove the facts alleged and that they occur on a recurring basis. Consequently, all the steps we have discussed in the previous points must be properly documented (notices, photographs, video recordings – anything that enables us to prove the allegations).
Even if we know from the outset that, having taken the preliminary steps mentioned in this article, the troublesome neighbour is not going to back down – and we know in advance that we will have to take legal action – it is very important to carry out these steps, even if they slow down the whole process. However, this will enable us to demonstrate that we have acted in good faith and exhausted all prior amicable and formal avenues. This will help to strengthen the case and increase the likelihood of a successful outcome in the claim in our favour or that of the owners’ association.
Conclusion
In short, the noise and disruptive activities that one may have to endure on a constant basis, and which may even affect our physical and mental health, leave us with no choice but to lodge a complaint with the relevant authorities and, as a last resort, bring legal proceedings against the disruptive neighbour – either individually or through the owners’ association, if one exists – following the guidance we have set out in this article.
We must remind you that, when it comes to dealing with noisy and disruptive neighbours, the aim of these tips is to resolve any conflicts that may exist between neighbours. Under no circumstances should you let yourself get carried away by the stress or frustration caused by the disturbance and act without thinking. It is therefore important that you follow each of the steps we have outlined; otherwise, you could end up causing more problems than you solve.
We hope you find the advice, suggestions and legal guidance we have provided helpful.
In any case, from Meridional Team We are aware of the problems caused by issues relating to neighbourly relations within any owners’ association, which is why we recommend the services of a property manager, who is familiar with all the procedures to be followed and the resolution of neighbourly disputes, and can help you resolve any issues that may arise, whether caused by troublesome neighbours or other situations that may occur within a homeowners’ association.
As we said at the start Meridional Team We are specialists in estate management and will always endeavour to help you in the most effective and efficient way, offering the best possible solution.
We encourage you to contact us with any problems or concerns you may have regarding your community and how we can help you; we’ll be delighted to assist you.
In addition, we offer other services designed specifically for homeowners, who can help you with your day-to-day life.
You can contact us by telephone 951834399,
or by email: welcome@meridionalteam.com
And if you’ve found this helpful or interesting, please share it – I’m sure there’ll be someone else who could benefit from it.
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