At the outset, we all had a louder neighbor than it is supposed. Out -of -hours noise is one of the main reasons for neighborhood problems, both in Portugal and around the world. However, this is a situation that is well legislated, being protected in Portugal by the General Noise Regulation, provided for in Decree-Law No. 9/2007 of 17 January. Learn more now.
The Noise General Regulation
O In Portugal it aims to ensure well-being and public health, regulating admissible noise levels in different contexts, especially in residential areas. This legislation defines specific periods during which more restricted noise limits are required, known as “silence time”.
The silence time
The critical period, called silence time, runs between 23:00 and 7:00, from Monday to Friday. On weekends and holidays, this time of silence extends throughout the day. During these hours, activities that generate excessive noise should be avoided, thus contributing to the preservation of a peaceful and peaceful environment.
Temporary noisy activities
Article 14 of the Noise General Regulation talks about the temporary noisy activities. The content present in this article says that the exercise of temporary noisy activities in the proximity of:
a) Housing buildings, on Saturdays, Sundays and holidays and on business days between 20 and 8 hours;
b) schools, during the respective opening hours;
c) hospitals or similar establishments.
Neighborhood noise
Police authorities have specific competences to act in neighborhood noise situations provided for in article 24 of the same decree-law. Between 11pm and 7am, they can order the head of noise to adopt measures to immediately cease the inconvenience, according to paragraph 1. Between 7am and 11pm, they can set a deadline for the noise producer to cease to inconvenience, as refers to paragraph 2.
Carrying out works inside buildings
The execution of works inside buildings for housing, commerce or services is subject to specific times. On working days, the works may take place between 8am and 8pm, without the need for a special noise license, according to article 16 (1).
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Week and holidays
Already on Saturdays, Sundays and holidays, as well as on business days between 20h and 8h, the holding of noisy works is prohibited with housing buildings. According to Article 16, temporary noisy activities that may cause significant discomfort should be performed preferably during the daytime, and a special noise license (article 15) is necessary for its realization outside this time.
The person responsible for the work should post, in a visible place and accessible to the other residents, a warning of the expected duration of the work and, if possible, to indicate the periods of the day in which the greater noise intensity is provided, according to Article 16 (2) (2).
According to Article 18, the temporary noisy activities and works within buildings carried out in violation of the provisions of Articles 14 to 16 of this Regulation are suspended by order of the police authorities, so-called or at the request of the interested party, and should be issued to the mayor to establish the respective offense procedure.
Coimas
Failure to comply with the provisions of the Noise General Regulation may result in fines provided for in Law No. 50/2006 of 29 August, known as the Board of Environmental offenses. According to Article 22 paragraph 2 of the same law, in the case of singular persons, fines range from 200 to 2,000 euros for minor offenses in case of negligence. In case of deceit, the values range from 400 to 4,000 euros.
For legal persons, the values are between 2,000 and 18,000 euros in case of negligence, already in case of intent the values vary between 6,000 and 36,000 euros, according to the same article.
How to act
If you feel uncomfortable by excessive noises, it is advisable to dialogue first with the noise responsible in an attempt to resolve the situation cordially. If the problem persists, it may contact the condominium administration to mediate the situation or, in more severe cases, call the police authorities, which may intervene to cease the annoyance.
It is essential that all citizens are aware of the importance of respecting the overall noise regulation, contributing to the preservation of a healthier and more peaceful environment for everyone and improving community life.
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