Derek Nolan (Galway West, Labour)
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506. To ask the Minister for Environment, Community and Local Government the remedies that are made available to landlords whereby in an apartment building one resident an owner occupier is causing a continuous noise disturbance and causing other residents to move out and causing financial loss to landlords as a result, noting that section 108 of the Environmental Protection Agency Act 1992 provides for an application to the District Court for an order in respect of noise pollution but does not afford a landlord in the above situation locus standi to bring such an action even though their interests are directly affected; if he will amend the law to provide landlords a direct remedy in this situation; and if he will make a statement on the matter. [3444/15]

Alan Kelly (Tipperary North, Labour)
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Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to 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. Furthermore, 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.

A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available to view and download on my Department’s website:.

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia , through consideration of the introduction of fixed payment notices (also known as on-the-spot fines). The development of new noise legislation by my Department is being considered in the context of this commitment , and this specific issue will be considered as part of this process . However, as indicated in the Government’s Legislation Programme published on 14 January 2015, it is not possible at this time to indicate when such a Bill might be published, having regard to the broad range of legislative priorities to be progressed across my Department’s remit.