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.

Fixed quiet hours for neighbour noise appear in the local bylaw (Algemene Plaatselijke Verordening, or APV) less often than many people think: in the APVs of the large cities, fixed times mainly apply to bars, restaurants and events. 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.

What time can you complain about neighbour noise?

You can complain about noise at any time, including during the day. There is no hour before which you cannot complain, and no hour at which noise suddenly becomes acceptable. The time of day does affect how heavily the nuisance weighs and who you can turn to.

There are no national quiet hours, and your municipality's local bylaw (APV) usually does not set fixed quiet hours for neighbour noise either. The APV does generally prohibit causing noise nuisance with devices or activities, at any time of day. Fixed times mainly apply to bars, restaurants and events. Your tenancy agreement or the owners' association's rules may set quiet hours. Daytime noise can also be unlawful nuisance. Think of a heat pump that hums all day, or hours of loud music. Whether it goes too far depends on how loud the sound is and how long it lasts.

What you do depends on the timing:

• At night, while it is happening: for acute nuisance, call the police on 0900-8844. A conversation in the middle of the night gets out of hand more quickly than one the next day.
• During the day or in the evening: choose a calm moment for a conversation, not the moment you feel annoyed.
• When it keeps happening: report it to your landlord, the owners' association or the municipality, with your log attached (date, start and end time, type of sound).

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 costs from 1,998 euros excluding VAT, depending on the number of room combinations and 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.

What does the law say about neighbour noise?

There is no separate law against neighbour noise in the Netherlands. The legislation is spread across several sets of rules. Which ones apply depends on the source of the noise and on whether you rent or own your home:

• Neighbour law (Article 5:37 of the Civil Code): an owner may not cause unlawful nuisance to the neighbours. The law explicitly mentions noise ('rumoer').
• Tort (Article 6:162 of the Civil Code): this is the test a court uses to decide whether nuisance goes too far. Factors include the nature, severity and duration of the nuisance and the local circumstances. This applies to tenants and owners alike.
• Tenancy law: if the home itself is poorly soundproofed, that can be a defect, because it does not provide the enjoyment you may expect from that type of home (Article 7:204(2) of the Civil Code). The landlord must in principle remedy a defect (Article 7:206). Nuisance caused by the neighbours themselves generally does not count as a defect (Article 7:204(3)). If your neighbours rent from the same landlord, the landlord can hold them to their duty to behave as good tenants (Article 7:213).
• Local bylaw (APV): in its APV, your municipality prohibits noise nuisance from devices or activities, at any time of day, and sets rules for certain sources, such as bars, restaurants and events. The municipality enforces these rules.
• Installations (Dutch Building Decree, Besluit bouwwerken leefomgeving or BBL): the outdoor unit of a heat pump or air conditioner is limited to 40 dB(A). This is measured at the property boundary with an adjacent plot that has a residential function (Article 4.107(2) BBL); a different measurement point applies to flats. See also air-conditioning and heat pump noise.

Neighbour noise when you own your home

If you own your home and your neighbours own theirs, there is no landlord who can step in. In that case, take these steps:

• 1. Talk to your neighbours and keep a log. If talking doesn't work, send a letter (example below).
• 2. Request neighbourhood mediation. This is also available when you both own your homes.
• 3. Involve the municipality if the nuisance is covered by the local bylaw. For serious and repeated residential nuisance, the mayor can issue a behavioural order, including to an owner-occupier (Article 151d of the Municipalities Act). This is only possible if your municipality has provided for it in its APV, and it is a last resort.
• 4. Go to court. Under Articles 5:37 and 6:162 of the Civil Code, a court can order your neighbours to stop the nuisance, backed by a penalty payment if necessary. Get advice first from the Juridisch Loket (the Dutch Legal Services Counter) or your legal-expenses insurer.

In court, you have to prove the nuisance: the party making a claim bears the burden of proof (Article 150 of the Code of Civil Procedure). A log shows how often and for how long it happens. If you have the neighbour noise measured, there is an objective record of how well the wall or floor blocks sound. A long-term measurement also records how much sound reaches your home, and when. That makes your evidence considerably stronger.

If you live in a flat, the owners' association and the deed of division also play a role; see our page on noise nuisance in an owners' association.

Sample letter to your neighbours about noise

A letter can help if a conversation doesn't work, or if you want to set out your concerns calmly on paper first. If you can simply ring the doorbell, do that first: a letter through the door without any prior contact can easily come across as cold. Adapt this example to your own situation:

Dear neighbours at number [house number],

We are [names] from number [house number]. Something has been bothering us for a while, and we would like to talk to you about it.

Over the past few weeks we have often heard loud music and thumping in the evenings, for example on [day and date] from [time] to [time]. On weeknights especially, it keeps us awake. You probably don't realise how clearly we can hear it.

Could we have a chat about it? Feel free to ring the bell or send a message to [phone number]. Perhaps we can make some arrangements together, for example about times.

Kind regards, [names], number [house number]

Keep these points in mind when you write:

• Be specific: mention days, times and the type of sound, not 'always' or 'constantly'.
• Describe how it affects you, not what kind of neighbours they are.
• Suggest a conversation and say how they can reach you.
• Don't threaten them with the police, a lawyer or the courts. That sours the relationship before you have tried to sort it out together.
• Keep a copy and note when you delivered the letter, for your log.

If nothing changes after that, neighbourhood mediation is the next step.