– Children making noises while playing around;
– Renovation noises all day and night;
– Deliberately creating loud engine noises;
– Playing high volume music and etc.
Have you been annoyed or triggered by such noises mentioned above? Reasonably, you feel really frustrated due to the reason that you have already been working during the day, but you could not rest at night simply because of these noises!
What is excessive noise?
The law recognizes the fact that excessive noise caused by any person is a type of nuisance. Normally, such excessive noises could be: revving of motor engine; having renovation; playing firecrackers; playing loud music or music instruments; singing karaoke; children running and jumping around and etc. However, whether it is an excessive noise, is a subjective question to be determined upon considering the whole circumstance.
What to do against noisy neighbour?
Sometimes, communication is the key to solve a problem. Before taking up your phone to call the police, you are encouraged to step out of your house and talk to the neighbour peacefully. Try your best to talk things over with them and perhaps try to make them understand how their behaviour is affecting your daily life.
Get some helps!
But if communication with your neighbour does not work at all, you are advised to:
1. Lodge a police report at the nearest police station (PDRM) or call in to lodge a complaint.
Upon investigation and conviction of the offence for making excessive noise, the offender shall be liable to a fine not exceeding RM100.00.
|Minor Offences Act 1955, Section 13: Excessive noise
|(1) Any person who—
(a) beats within the limits of any town or village between the hours of midnight and 6 a.m. or in any public road or public place at any hour, a drum or tom-tom, or blows a horn or trumpet, or beats or sounds any instrument or utensil in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or
(b) operates or causes or suffers to be operated any gramophone or wireless loud speaker or pianola or other form of music mechanically or electrically produced in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or
(c) operates or causes or suffers to be operated in or near any public road or public place or in any shop, business premises, building or place which adjoins any public road or public place any gramophone or wireless loud speaker or any other instrument whatsoever for the production of noise or music in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity,
shall be liable to a fine not exceeding one hundred ringgit.
2. Lodge a complaint with the local authorities
In the case of noisy neighbours or nuisance which disturbs the peace of the neighbourhood, you may file a complaint with the local authorities, such as DBKL/MPPJ. Under the Local Government Act 1976, local authorities have the power and authority to resolve certain issues such as nuisance which is harmful to the health or peace of the residents. Note that this authority is not only limited to excessive noise.
3. Lodge a complaint with management body (for strata property residents)
Every strata property resident and owner is bound by the laws and regulations set out in the Strata Management (Maintenance & Management) Regulations 2015. Other than this, the Strata Management Act 2013 imposes authority to the management body to enforce rules which prohibits against nuisance acts. It may impose a collectively agreed-upon penalty on the offender upon violation of the rules.
|Strata Management (Maintenance & Management) Regulations 2015, Third Schedule, Rule 10: Prohibition of nuisance
|(1) A proprietor shall not use language or behave in a manner likely to cause offence or embarrassment or nuisance to any other proprietor or to any person lawfully using the common property.
(2) A proprietor shall take all reasonable steps to ensure that his invitees, including customers and staff, do not behave in a manner likely to cause offence or embarrassment or nuisance to any other proprietor or to any person lawfully using the common property.
(3) In a building or part of a building used for any residential or dwelling purposes, the sound of any electrical and electronic equipment, apparatus or appliance, or any musical instrument used in a parcel or the common property shall be kept at low volume other 11.00 pm so as not interfere with the quiet rest or peaceful sleep of the other proprietors unless prior written approval for a specific function and specific duration has been obtained from the management corporation.
(4) A proprietor shall not use as fuel any substance or material or do anything in his parcel which will affect the peaceful enjoyment of any other proprietor or which may dirty or discolour the exterior of his parcel or other parcels of the common property.
However, if your management body refuses to act upon the complaint, you can file a complaint or claim with the Strata Management Tribunal to hear and decide upon the issue.
For other information, please visit www.yeepartners.com.my
The information published in this article is provided for general informational purposes only and does not constitute any legal advice from Messrs. Yee & Partners. Feel free to seek legal advice from our professional lawyers.