Responsibilities within the Associations
August 22 2018The accident situation in Italy in the European panorama
August 23 2018Disturbing noises between neighbours: yes to compensation if suitable measures are not taken
Today we have been asked to provide an expert opinion on this matter.
We believe that the rule of "common sense" and living, respecting the rules and mutual coexistence, is always at the basis.
It may be helpful to know the times:
condominium hours
As regards condominium realities, it will be the condominium regulationsthe source to refer to. And in fact, it is the condominium regulation that must establish times where it is possible to make noise and those where silence must be respected.
Usually, the most annoying noises are allowed from 08.00 to 13.00 in the morning and from 16.00pm to 21.00pm in the afternoon/evening. Outside these hours, any noisy behavior may well be the subject of complaints from your neighbor. This, of course, in general terms. In fact, each condominium is free to decide its own decisions independently times, just as you can choose, for example, to vary the time slots in which it is possible to make noise and in which silence must be observed based on the seasons. In this regard, it is noted that it is always possible to bring to the attention of thecondominium meeting intolerable noisy situations, placing the relevant decisions on the agenda.
The complete article by following this link https://www.laleggepertutti.it/170613_disturbo-alla-quiete-pubblica-orari#Disturbo_alla_quiete_pubblica_orari_condominiali
An address is identified with these conclusions of the cassation:
The Supreme Court of Cassation, with the sentence no. 9434 of last 11 June 2012 expressed its opinion in relation to a controversy regarding annoying noise emissions from musical instruments, and clearly stated:
“If the noise emission does not exceed the permitted limit, no inhibition of the instrument, soundproofing and a time limitation are required”.
The ruling of the High Court originates from a story linked to two girls who, studying at the conservatory, for study reasons, spent much of their time playing the piano, without time limits and especially time limits, thus causing disturbance to a couple of neighbors.
The judges of legitimacy, in line with the Court of Appeal of L'Aquila, considered it legitimate to compensate moral and biological damages to the neighbors disturbed by the continuous exercises of the students.
The compensation, which amounts to 2.500 euros, must also be accompanied by soundproofing of the walls of the house.
With regard to determining the amount of compensation, the Court proceeded to multiply this sum by the entire period between the date of presentation of the application to initiate proceedings and the date of publication of the first instance sentence, although the girls, after the first judge's ruling, had stopped using the instrument.
We are available for environmental phonometric surveys and mapping.
Source: https://www.leggioggi.it/2012/06/12/rumori-molesti-da-pianoforte-si-al-risarcimento-se-non-si-adottano-misure-idonee/amp/