Eamon Gilmore (Dún Laoghaire, Labour)
Link to this: Individually | In context

Question 672: To ask the Minister for the Environment, Heritage and Local Government his views on introducing legislation to strengthen the law on noise pollution with particular regard to excessive noise which sometimes emanates from private buildings; and if he will make a statement on the matter. [6789/06]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

A number of legislative measures are in place to address the issue of noise nuisance from private buildings. Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise. These powers are generally exercised in preventing and limiting noise from commercial and industrial premises within their functional areas.

Under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, a local authority or any person may seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet outlining the legal avenues available to persons experiencing noise nuisance is available from my Department and on the Department's website, www.environ.ie.

In the case of noise nuisance being caused by individuals in private rented accommodation, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations.

There is provision in the Act for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board in accordance with the procedures in the Act. If an alternative legal remedy, such as the remedy provided for under the Environmental Protection Agency Act 1992 (Noise) Regulations 1994, is available and is pursued by a person, that person may not also refer the matter to the board.

Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions on the type of behaviour that is acceptable, and that which is not. The local authority is empowered under section 62 of the Housing Act 1966, to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement.

Noise nuisance arising from intruder alarms is addressed on a number of fronts. A European standard for external intruder alarms has now replaced all national standards and incorporates considerably stricter controls, regarding minimum and maximum duration for the sounding of alarms. The new limits are 90 seconds minimum and 15 minutes maximum duration from the sounding of external alarms in buildings; the alarms must cease automatically after the maximum duration. This standard has been applied by the NSAI for intruder alarms installed by certified installers since 1 March 2004.

The Private Securities Services Act 2004 provided for the establishment of the Private Security Authority to licence, control and supervise installers of security equipment, including alarm systems, and which has powers to maintain and improve standards in the provision of security services. The licensing of companies providing intruder alarm installation services commenced from 1 November 2005 and it will be an offence for companies in the intruder alarm sector to operate without such a licence from 1 August 2006.