Kids screaming in the apartment upstairs, a dog barking nonstop, a house party you can hear from your living room … noisy neighbours can get on your nerves! Especially if you work from home, you’ll have to put up with some neighbourhood noise. But what do you do when it gets to be too much?
Noise is a neighbourhood annoyance
First, you should know that noise is considered a normal neighbourhood annoyance. Your neighbours are allowed to make noise, and to a certain extent, you’re obliged to tolerate their noise, just like they’re obliged to tolerate yours. This usually includes things like ambient noise or the sound of young kids playing in your building.
Also, contrary to popular belief, there’s no set time at which noise must stop. Excessively loud music is just as unacceptable at noon as at midnight. This is true whether the disruptive noise is made by a tenant, owner or guest.
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Prohibited noises Most cities, municipalities and boroughs adopt noise by-laws. For example, in Rimouski, you can’t operate a lawnmower or chainsaw between 9 p.m. and 7 a.m. Limits can also be set for the noise produced by appliances like heat pumps and pool filters. There are other rules, for instance regarding ATVs. But even if your neighbours follow all these rules, some noise could still be considered a neighbourhood annoyance. |
Where do you draw the line?
The hardest part is determining at what point noise becomes unacceptable. A judge can decide that the noise is an “abnormal” annoyance if it is seriously disruptive and hard to bear. If it happens often, lasts a long time and is unpredictable, a judge is likelier to rule that it exceeds what you should be expected to tolerate.
The judge will also look at where you live and what is considered “normal” in your community. Someone who lives in an un-soundproofed apartment building or next to a railroad can’t have the same noise expectations as someone who lives in a cabin in the woods.
What can you do?
Whatever the situation, the first step is to talk to your neighbour. If the noise continues even after you brought it up, consider documenting your interactions.
You should also read your municipal by-laws. If the situation is serious, your neighbour could receive a warning or fine.
Even if your situation doesn’t violate any by-laws, the annoyance may still be considered abnormal. Such was the ruling of the Court of Appeal in 2016 in a dispute between neighbours and a shooting range. The range was in compliance with the by-laws of the City of Granby, but the noise was unbearable for nearby residents. The Court of Appeal therefore ordered that the range close on Saturdays in the summer so residents could enjoy their weekends (the club was already closed Sundays).
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You’re a tenant? Some buildings might have rules concerning noise. Talk to your neighbour first. If that doesn’t fix the problem, talk to the landlord. You can also contact the Tribunal administratif du logement (TAL or rental board). You may be entitled to a rent reduction, compensation, the right to break your lease, or having your neighbour evicted. |
If your neighbour continues to be totally uncooperative, before going to the police or filing a complaint with your municipality or borough, consider citizen mediation. In most parts of Quebec, free mediation services are available to help neighbours find solutions, get out of an impasse or reduce tensions.
To find an organization that offers citizen mediation and can guide you in resolving a neighbourhood conflict, check out Equijustice’s website, among others.
If mediation doesn’t help, you can take the issue before the courts. A judge could order your neighbour to stop making the noise, and order that you be compensated for the disturbance.