Noisy neighbours - what are your rights?

Noisy neighbours is a source of stress in the Grand Duchy, according to a 2020 Eurostat report: one in five residents said they had excessively noisy neighbours, placing Luxembourg well above the European average of 18.3%. In fact, Luxembourg is one of the top ten EU member states with noise complaints.

Naturally some noise is to be tolerated, for example in the case of municipal construction work. But what can you do if you happen to have a neighbour who does not care for the rules or your well-being?

Basic rules

It is a common myth that noise is only reprehensible at night. In Luxembourg, the penal code sets out clear limits which must not be exceeded at any time of day. These may also be specified by individual municipalities.

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One of the limits refers to respect for night rest, which is compulsory between 10pm and 7am. This means it is against the law to carry out loud DIY in your home overnight, while it is also strongly advised to reduce noise emanating from TV sets, or music, during this period. The law also forbids excessive noise in a public place in order not to disturb the neighbourhood during the night rest period.

Although one might assume it is possible to carry out noisy activities such as mowing the lawn, DIY or playing loud music at any point during the daytime, but this also has limits. There are specific time slots to be observed for any of the above activities, namely:

• weekdays between 8am and 8pm
• Saturdays between 8amand 12am. and between 2pm and 6pm
• Sundays and public holidays from 10am to 12pm.

Special cases: noise limits, fireworks, pets

Some municipalities have extremely precise rules on decibel limits. The municipal noise regulations published on the environment portal state that "inside dwellings, technically avoidable noise, transmitted by adjoining neighbouring premises" must not exceed the following noise levels:

•  40 dB between 7am and 10pm.;
• 30 dB between 10pm. and 7am.

Of course, it is unlikely that these values, which are difficult to measure, will always be respected to the letter. 20 decibels roughly corresponds to the sound of a clock ticking, or leaves rustling, while 40 dB covers the sound of birdsong. Estimates say a noise becomes annoying at around 60 dB, although this depends on the individual sound.

Municipalities generally prohibit the use of firecrackers and fireworks within 100 metres of residential dwellings, although the mayor is able to approve exceptional circumstances. The unusual nature of fireworks means they are generally tolerated by residents.

The law also requires pet owners to take necessary measures to prevent their animals from disturbing public peace, for example, in the case of a dog barking all day.

Failure to comply with these obligations, as defined by article 561 of the Penal Code, can mean fines of €25 to €250 for those who are "guilty of noise, or nocturnal noise disturbances". Whether or not these is a true deterrent is another debate entirely.

Surprising municipal rules

According to the Luxembourg Consumer Protection Association, municipalities may also set their own regulations on noise disturbances depending on the "intensity, continuity, nature, consequences or unpredictability" of the sounds, with varying penalties.

Sometimes these regulations can be surprising! For example, the Luxembourg City municipal council possesses a police regulation which states that "the noise caused by closing vehicle and garage doors, as well as starting and switching off vehicles, must not inconvenience third parties at night."

Essentially, it is best to consult your local municipal administration directly in case of queries.

Legally dealing with noisy neighbours

Got a noisy neighbour getting on your nerves? What are your rights? RTL Infos contacted the Grand Ducal police for advice.

In the first instance, the police say it is best to resort to common sense, and advise making contact with a noisy neighbour as a first step towards a solution. Politely inviting a neighbour to hear the extent of the noise in your home could go some way towards resolving the issue as part of a calm dialogue.

Ne pas hésiter à recourir à la police en cas de litige de voisinage.

Other options are sending neighbours a registered letter to remind them of legal obligations, or consulting syndicates or building management companies in case of co-ownership. If the issue cannot be settled out of court, or if the source of the noise is an establishment such as a nightclub or a café, residents are invited to contact their local police station.

Once a noise nuisance has been reported to police, officers will usually perform a check of the site in question. The police suggest not waiting until the next day to report any extreme noise disturbances, as it becomes difficult for patrols to ascertain whether there was a disturbance at the time indicated. If officers can attend on the spot, they will speak to the person reporting the incident and will also seek contact with the establishment or neighbour to find a solution acceptable to both parties.

What happens if the noisy neighbour ceases to be noisy when they realise the police have been called, but resumes it once more after they have left? The police advise collecting witness accounts from other irritated neighbours, friends, or family visiting your home.  The ULC recommends contacting a bailiff if the noises always occur at the same time, which makes it easier to schedule appointments.

In the majority of cases, the above methods should resolve the situation, say police. But if the issue persists, they recommend filing an official complaint.

In 2022, the Grand Ducal police drew up 200 reports on noise disturbances of all types - not just noisy neighbours - following complaints, and addressed them to the relevant authorities.

There are also local initiatives at municipal level which can offer mediation services between neighbours, where required.

Do you suffer from noisy neighbours?

RTL Infos has launched a witness appeal for those suffering from excessively noisy neighbours through the below questionnaire (anonymity is guaranteed) :