Reporting neighbour noise: rules, times and steps

What counts as neighbour noise?

Noise nuisance is sound that unreasonably disturbs your enjoyment of your home. Dutch law (Article 5:37 of the Civil Code) prohibits 'unlawful nuisance', but sets no exact decibel limit between neighbours. Whether something is a nuisance depends on the nature, duration and timing of the sound, and on what you should reasonably accept in a shared living environment.

In practice it usually involves these sources:

• Impact sound: footsteps, dragging chairs, a washing machine or a hard floor at the neighbours above you.
• Airborne sound: loud music, a television, voices or a barking dog.
• Installation noise: an air conditioner or heat pump or ventilation system humming day and night.
• Incidental noise: a renovation, a party or DIY work.

Normal living sounds (an occasional vacuum cleaner or children talking) are part of sharing a building and are not a nuisance. It only becomes a nuisance when it is structural, continues at night or is clearly excessive.

Is there a legal time limit? The '10 p.m. myth'

Many people think noise is 'banned after 10 p.m.' That is not true as national law. There is no national time after which making noise is legally prohibited. What does apply: nuisance weighs more heavily at night, because you are entitled to a night's rest.

The evening and night period is, however, often set at local level, in your municipality's local bylaw (the Algemene Plaatselijke Verordening, or APV), for example a quiet period from 10 or 11 p.m. to 7 a.m. In addition, tenancy agreements, the house rules of an owners' association and a holiday park's regulations may contain their own quiet hours. So always check your own municipality's APV and your own contract or regulations; the rules vary by location.

In 5 steps: how to deal with neighbour noise

• 1. Talk to your neighbours. A lot of nuisance stops after a single conversation; neighbours often don't realise they are causing a disturbance. Stay calm and specific: name when and what kind of sound you experience.
• 2. Keep a log. Note the date, time, duration and type of sound. A consistently kept record is later the most important piece of evidence with any authority.
• 3. Try neighbourhood mediation. If you can't work it out together, a neutral, trained volunteer mediates between you and your neighbours. Many municipalities offer this free of charge; it often prevents a conflict from escalating further.
• 4. Involve the right party. Renting? Report it to your landlord or housing association. Own your home or a flat? Go through the owners' association or directly. For enforcement of the local bylaw the municipality is responsible; for acute night-time nuisance, the police.
• 5. Have the nuisance measured objectively. If it persists and the other party denies it, an independent noise measurement turns your account into legally usable evidence.

Who do you report neighbour noise to?

Where to go depends on your situation:

• Rented home: your landlord or housing association. They have a duty of care for quiet enjoyment and can address the tenant causing the nuisance.
• Owned home or flat: raise it through the owners' association (Vereniging van Eigenaren, or VvE), or speak to your neighbours directly. The owners' association can enforce its house rules.
• Municipality: for structural nuisance covered by the local bylaw (for example a humming installation or a hospitality venue). The municipality can enforce and, if needed, have measurements taken.
• Police: for acute nuisance, especially at night. In the Netherlands call 0900-8844, or 112 if the situation gets out of hand.

Can you report neighbour noise anonymously?

Yes. With the municipality or police you can ask for your report to be treated confidentially. For serious, persistent situations you can contact Meld Misdaad Anoniem, the Dutch anonymous crime reporting line (0800-7000). Bear in mind that an anonymous report is harder to substantiate: without traceable reports and evidence, it is more difficult for an authority to act. A log and an objective measurement strengthen your position, even if you want to stay anonymous.

When reporting isn't enough: measuring objectively

Reporting often works, but not always. Does it stall because the neighbours deny the nuisance, or does your landlord, the owners' association or a judge ask for evidence? Then 'I experience nuisance' won't get you any further. Sound is subjective; a measurement is not.

KGI Groep has carried out independent noise measurements in line with NEN 5077 since 1994. We measure objectively how much sound actually comes through, from a one-off measurement to a long-term continuous measurement, and deliver a report you can use towards your landlord, the owners' association, the municipality or the court. Because we sell and install nothing, our judgement is always neutral, exactly what a legal process requires.

A combined impact-sound and airborne-sound measurement typically costs between 1,200 and 2,500 euros excluding VAT, depending on the complexity of the situation.

Does your insurance cover a noise measurement?

Many legal-expenses insurance policies cover (part of) the cost of a noise measurement in a dispute with neighbours, an owners' association or your landlord. Whether this applies in your case depends on your policy and its cover for disputes, so check your terms or call your insurer. You can then submit our quote to your insurer. Read more about a measurement via your legal-expenses insurance.