Frequently Asked Questions

What can I do about Noise Pollution?

Your local authority is responsible for environmental pollution including noise.  General neighbourhood type noise problems are dealt with under the Environmental Protection Agency Act 1992.  In some Local Authorities Environmental Health Officers are responsible for investigating complaints and carrying out noise monitoring.  In order for the Local Authority to take formal action following a noise complaint, the noise complaint must be established as a statutory noise nuisance.  Monitoring in the home or premises of the person affected may be necessary.

A statutory noise nuisance may be established whenever a noise is considered to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times that it gives you reasonable cause for annoyance.  You may be advised at the time of complaining that the specifics of your complaint cannot be considered a statutory nuisance and no action will be taken.

Noise complaints generally come from the following:

• commercial premises e.g. loud extractor fans in a food business, music from a public house
• building sites e.g. general building activity usually early in the morning or late at night
• domestic noise e.g. anti social behaviour, loud parties (NB See section below re Domestic Noise and Barking Dogs)

Certain types of noise are excluded from these investigations.  Aircraft noise, traffic noise and barking dogs are not covered by this legislation.

In order to make a complaint, you can:

• Contact your Local Authority and make a complaint to the relevant department and/or Environmental Health Officer.
• Do log the date and time you are being affected by the noise nuisance.
• You will be required to give the exact details of the complaint including the correct address.  Anonymous complaints are not usually accepted as further information may be required from the complainant following the initial report in order to fully investigate the complaint.  Monitoring in your home may also be necessary.
• You may be told at the initial stage that your complaint is not reasonable and will not be determined as a statutory nuisance by virtue of the complaint details.
• In the event that a noise nuisance is established, possibly following monitoring by the investigator and/or the use of equipment, the person responsible will be advised of the problem and asked to desist with whatever activity is causing the nuisance or implement controls to limit or prevent the nuisance.
• If co-operation is not achieved informally, then a Notice may be served on the person responsible, formally directing them to limit or prevent noise nuisance and implement measures to achieve this.
• Failure to comply with a Noise Notice may result in the initiating of Court proceedings.

The Local Authority cannot make any commitment as to whether or not an enforcement action will be taken as a result of your complaint.  Every effort will be made to fully investigate a complaint and establish nuisance. 

However, it is possible that the investigating officer will not be able to establish nuisance and may not be able take your complaint further.

Domestic Noise Complaints

Domestic noise complaints involving neighbourhood disputes will not be investigated by a Local Authority or Environmental Health Department.  Advice may be available from them on taking your own action in the District Court.  Full details on taking your own action under Section 108 of the EPA Act 1992 is available at www.enfo.ie 

You do not need to engage a solicitor but you are advised to maintain a detailed log of all or any noise disturbances.  Please note that a one off or very occasional event like a family celebration would not be considered frequent enough to make a complaint in the Courts.

Barking Dogs

Problems arising from barking dogs are covered under the Control of Dogs (No.2) Regulations 1987.  Any person aggrieved by persistent dog barking may make a complaint to the District Court.  Action will not be taken by a Local Authority or Environmental Health Department.  Full details of making a complaint to the District Court under the Control of Dogs Act can be found at www.enfo.ie