How to solve noise pollution with my upper floor neighbor?

Answer :

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    LegalHelp

    answered on 15/08/2013

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    A person is entitled to quiet enjoyment of his or property under the law. Of course, this right has to be balanced against the right of your neighbour to engage in his or her own activities as well. Thus, it is only if the noise pollution level of your neighbour is beyond tolerable levels that you are entitled to seek recourse. What may constitute a tolerable level depends on the duration, frequency and loudness of the noise produced by your neighbour. If there is sufficient cause for action, you may seek mediation in the first instance through the Community Mediation Centre (http://www.cmc.gov.sg/). If that fails, you may wish to consider legal action, including instituting an action against your neighbour for private nuisance and/or harassment.

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Comments

  • Thank you. I will take your advice into my consideration. Everlast 15/08/2013
  • Please clarify some of my doubts: 1. How can you measure the loudness? 2. When their key word are "denials"? Thank you for your explanation. Everlast 16/08/2013
  • There is no specific measurement of loudness which, when exceeded, will constitute sufficient nuisance. It all depends on the circumstances. For example, what is considered 'loud' in a park may not be 'loud' for a construction site. They key question is whether your peaceful enjoyment of your property is reasonably disturbed by your neighbour's activities. This does not depend on an exact measure of loudness, and you must explain to the court all circumstances for it to make a decision. LegalHelp 21/08/2013
  • Thank you for the great information here. I would like to find out if I have a case if I take my neighbour to Court. My neighbour hangs 3-4 cages outside his flat windows, diagonally face my flat, which is about 15m away. Not sure why, the song birds make a lot of noise on-off throughout the day. Frequency: Daily. Duration: 6+am till 7p+ intermittenly. The bird noise starts in early morning 6+am, is the worst and loudest and we are unable to sleep undisturbed beyond this time. With all windows closed, the bird noise is still pervasive due to close proximity. It is super annoying and this Jambul bird shrilling noise trigger headaches/migraines and it has become very stresssful. I have applied to CMC. What if neighbour does not respond to volunteer medation, do I have a case if I take them to Court? I have photo, video and audio footages of the bird noise - will this help? Do I need to see a doctor each time I have headaches/migraines? By the way, according to my GRC Town Council in writing, these bird cases pose potential killer risk. Not sure why after 50 days of complaint, these bird cages are still hanging out above pedestrain walkway below. iceysl 20/01/2017