Excessive Noise in Residential Condominiums and Buildings: How to Solve It?

Excessive noise in residential condominiums and buildings is a recurring problem that affects the quality of life of residents. In this article, a quick practical manual, we will address the relevant legislation, how to identify if the noise is above the permitted limits, and the measures that can be taken to solve this problem.

Permitted Hours for Making Noise

According to the legislation and rules of coexistence in condominiums, the permitted hours for making noise are generally:

• Weekdays: from 7 am to 10 pm

• Weekends and holidays: from 9 am to 10 pm

Outside these hours, any excessive noise can be considered a violation of the rules of coexistence and subject to complaint.

NOTE: some municipalities or cities may have more specific laws, always requiring an in-depth analysis of the municipal legislation.

Neighborhood Rights and Decibel Limits

Neighborhood rights are provided for in the Civil Code, in articles 1,277 to 1,313. According to art. 1,277, "the owner or possessor of a building has the right to stop harmful interference with the safety, peace, and health of those who inhabit it, caused by the use of neighboring property."

In addition, the Silence Law (Law No. 126/1977) (Rio de Janeiro) and the Psiu Law (Law No. 15,133/2010) (São Paulo) specifically deal with noise pollution in urban areas.

Decibel Limits:

1. CONAMA Resolution No. 001/1990 and ABNT NBR 10151 (for residential areas):

* Daytime (7 am to 8 pm): 50 dB(A)

* Nighttime (8 pm to 7 am): 45 dB(A)

2. NBR 10151 - Exception for construction noise in residential areas:

* Daytime (7 am to 8 pm): 65 dB(A)

* Nighttime (8 pm to 7 am): 55 dB(A)

* Note: These limits are valid for a period of up to 8 hours per day. If the work occurs for a period longer than 8 hours per day, the limits must be reduced by 5 dB(A).

3. São Paulo Psiu Law (Law No. 16,402/2016) - Limits for construction work in residential areas:

* Daytime (7 am to 7 pm): 70 dB(A)

* Evening (7 pm to 10 pm): 60 dB(A)

* Nighttime (10 pm to 7 am): 50 dB(A)

It is important to check not only the limits established by NBR 10151 but also the specific municipal legislation on the subject.

If the construction noise is above the permitted limits, residents can follow the steps mentioned above, such as documenting the problem, notifying the property manager, notifying the person responsible for the construction, and, if necessary, calling the police and filing a lawsuit.

How to Measure Noise

To check if the noise is above the permitted limits, there are some options:

1. Smartphone apps: there are several free apps that measure the decibel level, such as "Decibelímetro" and "Sound Meter" (Android), "NIOSH SLM" and "Decibel X" (iOS), and "SPL Meter" (Android and iOS). (at the time of the research in June 2024, these apps were available, and may differ from reality over time)

2. Decibel meter: it is possible to purchase a portable decibel meter at affordable prices in electronics stores or online.

3. Technical expertise: in more complex cases, it may be necessary to hire a specialized expert to measure the noise. In some cases, the expertise can be performed free of charge by public agencies, such as Cetesb (Environmental Company of the State of São Paulo).

How to Solve the Problem of Noisy Neighbors

If the noise is above the permitted limits and impairing the quality of life of residents, the following measures can be taken:

1. Friendly conversation: try to talk to the neighbor responsible for the noise, explaining the problem and seeking a peaceful solution.

2. Complaint to the property manager: if the conversation has no effect, the resident can make a formal complaint to the condominium manager, who must take the necessary measures. This complaint can be made individually, however, practical reality proves to us that when there is a large mobilization with collective representation, there is greater agility in resolution.

3. Mediation and Arbitration: in some cases, it may be interesting to seek mediation or arbitration to resolve the conflict, avoiding the judicial route. A law firm can be essential to conduct the mediation properly, seeking a common and satisfactory solution for both parties.

4. Lawsuit: if none of the previous alternatives work, the resident can file a lawsuit, either individually or collectively, depending on the extent of the problem. It is essential to have a specialized lawyer from the beginning of the process, as there are cases where the exacerbated delay of the property manager or the condominium can hinder the resolution of the problem. Practical experience shows that a lawyer can significantly accelerate the process and ensure that all steps are followed correctly, avoiding unnecessary wear and tear.

Questions and Answers

How to deal with a business or another residence near a condominium that causes excessive noise?

1. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. Document the problem for at least a month. Also note police calls, including protocols, and record videos proving the noise. Check if neighbors are also being disturbed, as this can strengthen the case.

2. Notify the property manager: send a formal complaint to the property manager, attaching the evidence collected and requesting action. This complaint can be made individually, however, practical reality proves to us that when there is a large mobilization with collective representation, there is greater agility in resolution.

3. Notify the responsible party: the property manager must notify the person responsible for the business or residence, demanding the regularization of the problem within a determined period. Practical reality shows that there is often a delay in the action of the property manager or the condominium, therefore, this notification can be made jointly with a lawyer representing those affected, valuing collective representation.

4. Call the police: if the noise occurs at times not permitted by local legislation, residents can call the police to record the occurrence. In the state of São Paulo, there is a police app called "190 SP" available for iOS and Android.

5. Seek a Lawyer: It is essential to have a specialized lawyer from the beginning of the process, as there are cases where the exacerbated delay of the property manager or the condominium can hinder the resolution of the problem. Practical experience shows that a lawyer can significantly accelerate the process and ensure that all steps are followed correctly, avoiding unnecessary wear and tear.

6. File a class action: if the problem persists, residents must hire a specialized lawyer to represent their interests and file a class action against the responsible party, seeking the cessation of the noise and possible compensation for moral damages. The more residents complain and document, the stronger the action will be, proving that the sound does not harm only a single person, but a larger community.

What to do when a commercial establishment within the condominium causes excessive noise, harming several residents?

In this case, it is important that the affected residents unite and follow these steps:

1. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. It is recommended to document the problem for at least a month to have robust evidence. Also note police calls, including protocols, and record videos proving the noise.

2. Notify the property manager: send a formal complaint to the property manager, attaching the evidence collected and requesting action. This complaint can be made individually, however, practical reality proves to us that when there is a large mobilization with collective representation, there is greater agility in resolution.

3. Mediation and Arbitration: in some cases, it may be interesting to seek mediation or arbitration to resolve the conflict, avoiding the judicial route. A law firm can be essential to conduct the mediation properly, seeking a common and satisfactory solution for both parties.

4. Notify the establishment: the property manager must notify the person responsible for the establishment, demanding the regularization of the problem within a determined period. Practical reality shows that there is often a delay in the action of the property manager or the condominium, therefore, this notification can be made jointly with a lawyer representing those affected, valuing collective representation.

5. Call the police: if the noise occurs at times not permitted by local legislation, residents can call the police to record the occurrence. In the state of São Paulo, there is a police app called "190 SP" available for iOS and Android.

6. File a class action: if the problem persists, residents must hire a specialized lawyer to represent their interests and file a class action against the establishment, seeking the cessation of the noise and possible compensation for moral damages. The more residents complain and document, the stronger the action will be, proving that the sound does not harm only a single person, but a larger community.

How to deal with animal noise?

1. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. Document the problem for at least a month. Also note police calls, including protocols, and record videos proving the noise. Check if neighbors are also being disturbed, as this can strengthen the case.

2. Talk to the responsible party: try to talk to the animal's owner, explaining the problem and seeking a peaceful solution.

3. Notify the property manager: send a formal complaint to the property manager, attaching the evidence collected and requesting action. This complaint can be made individually, however, if the animal's sound harms more condominium units, a larger mobilization with collective representation is recommended, as there is greater agility in resolution.

4. Formally notify: send a formal notification to the responsible party, prepared by a lawyer, attaching the evidence collected and requesting action. A lawyer is necessary because a poorly produced notification can be ineffective or, if too aggressive, even generate moral damages against the complainant.

5. Call the police: if the noise occurs at times not permitted by local legislation, the resident can call the police to record the occurrence. In the state of São Paulo, there is a police app called "190 SP" available for iOS and Android. The police can intervene in cases of disturbing the peace, especially if there is recurrence.

6. File a lawsuit: if the problem persists, the resident must hire a specialized lawyer to file an individual lawsuit against the responsible party, seeking the cessation of the noise and possible compensation for moral damages.

How to deal with a business or another residence that causes excessive noise, harming a single residence?

1. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. Document the problem for at least a month. Also note police calls, including protocols, and record videos proving the noise. Check if neighbors are also being disturbed, as this can strengthen the case.

2. Talk to the responsible party: try to talk to the person responsible for the business or residence, explaining the problem and seeking a peaceful solution.

3. Formally notify: send a formal notification to the responsible party, prepared by a lawyer, attaching the evidence collected and requesting action. A lawyer is necessary because a poorly produced notification can be ineffective or, if too aggressive, even generate moral damages against the complainant.

4. Call the police: if the noise occurs at times not permitted by local legislation, the resident can call the police to record the occurrence. In the state of São Paulo, there is a police app called "190 SP" available for iOS and Android.

5. File a lawsuit: if the problem persists, the resident must hire a specialized lawyer to file an individual lawsuit against the responsible party, seeking the cessation of the noise and possible compensation for moral damages.

How to deal with construction noise in neighboring properties?

1. Check the regularity of the construction: check if the construction has a permit and if it is following the hours allowed by local legislation. In general, construction work in condominiums can occur from Monday to Friday, from 7 am to 6 pm, and on Saturdays, from 8 am to 12 pm, being prohibited on Sundays and holidays.

2. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. Document the problem for at least a week. Also note police calls, including protocols, and record videos proving the noise. Check if neighbors are also being disturbed, as this can strengthen the case.

3. Notify the property manager: send a formal complaint to the property manager, attaching the evidence collected and requesting action. This complaint can be made individually, however, if the construction noise harms more condominium units, a larger mobilization with collective representation is recommended, as there is greater agility in resolution.

4. Notify the person responsible for the construction: the property manager must notify the person responsible for the construction, demanding the regularization of the problem within a determined period. If the construction is irregular, the property manager must take appropriate measures, such as embargoing the construction and applying fines.

5. Call the police: if the noise occurs at times not permitted by local legislation, residents can call the police to record the occurrence.

6. File a lawsuit: if the problem persists, residents must hire a specialized lawyer to file a lawsuit against the person responsible for the construction, seeking the regularization of the situation and possible compensation for moral damages.

What to do when excessive noise is caused by neighbors who frequently hold parties in their unit?

1. Document the problem: write down the days, times, and intensity of the noise, in addition to taking measurements with apps or a decibel meter. Document the problem for at least a month. Also note police calls, including protocols, and record videos proving the noise. Check if neighbors are also being disturbed, as this can strengthen the case.

2. Talk to the neighbor: try to talk to the neighbor responsible for the parties, explaining the problem and seeking a peaceful solution.

3. Notify the property manager: send a formal complaint to the property manager, attaching the evidence collected and requesting action. This complaint can be made individually, however, if the sound from the parties harms more condominium units, a larger mobilization with collective representation is recommended, as there is greater agility in resolution.

4. Formally notify: send a formal notification to the neighbor, prepared by a lawyer, attaching the evidence collected and requesting action. A lawyer is necessary because a poorly produced notification can be ineffective or, if too aggressive, even generate moral damages against the complainant.

5. Call the police: if the noise occurs at times not permitted by local legislation, the resident can call the police to record the occurrence. In the state of São Paulo, there is a police app called "190 SP" available for iOS and Android.

6. File a lawsuit: if the problem persists, the resident must hire a specialized lawyer to file an individual or collective lawsuit against the neighbor, seeking the cessation of the noise and possible compensation for moral damages.

How to proceed when the condominium does not take action regarding complaints of excessive noise?

1. Document the complaints: keep copies of all formal complaints sent to the property manager and the condominium, as well as the responses received (if any).

2. Send an extrajudicial notification: hire a lawyer to prepare and send an extrajudicial notification to the condominium, demanding action regarding the excessive noise problem. The notification must establish a deadline for the condominium to take the necessary measures.

3. Hold an extraordinary meeting: if the condominium remains inert, the affected residents can request the convening of an extraordinary meeting to discuss the problem and decide on the measures to be taken, such as the application of fines or the removal of the property manager.

4. File a lawsuit: if even after the extraordinary meeting the problem persists, residents must hire a specialized lawyer to file a lawsuit against the condominium, seeking to compel the condominium to take the necessary measures and, possibly, request compensation for moral damages.

What are the possible consequences for those who violate noise control rules in condominiums?

1. Warning: the resident who violates noise control rules may receive a formal warning from the condominium, requesting the adjustment of behavior.

2. Fine: according to the condominium agreement and local legislation, the offending resident may be fined by the condominium. The amount of the fine may vary according to the severity of the infraction and recurrence.

3. Lawsuit: if the resident continues to violate the rules even after warnings and fines, the condominium or the affected residents may file a lawsuit against the offender, seeking the cessation of the noise and possible compensation for moral damages, without prejudice to other compensation for each day of proven disturbance.

4. Criminal liability: in extreme cases, the resident who violates noise control rules may be held criminally liable for disturbing the peace of others (art. 42 of the Law of Criminal Misdemeanors) or for disobedience (art. 330 of the Penal Code), if they disobey a court order to cease the noise.

Would these actions be proposed by lawyers or would it be a class action promoted by the Public Prosecutor's Office?

The actions can be proposed both by lawyers representing the interests of the residents and by the Public Prosecutor's Office, depending on the severity and extent of the problem. Even if the Public Prosecutor's Office promotes the class action, it is necessary for those affected to have a lawyer to represent them adequately.

Relevant Legislation

In addition to District Law No. 4,092, of January 30, 2008, which establishes the general rules on the control of noise pollution in the Federal District, other relevant legislation includes:

• São Paulo Silence Law (Law No. 16,402/2016): provides for rules and procedures for the emission of noise and vibrations in the Municipality of São Paulo.

• Rio de Janeiro Psiu Law (Law No. 3,268/2001): provides for the emission of sound noise from commercial and service establishments in the Municipality of Rio de Janeiro.

• Belo Horizonte Silence Law (Law No. 9,505/2008): provides for the control of noise in the Municipality of Belo Horizonte.

Each state and municipality may have its own specific legislation on noise pollution, so it is important to check local regulations.