Sound issue - Developer doing nothing -

JackW

Hi all

Did a search and came across this topic from boards http://www.boards.ie/vbulletin/showthread.php?t=2055856383&highlight=noisy

I was hoping somebody could shed some light on going to the district court as mentioned here

http://www.citizensinformation.ie/ca...se_regulations


You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.
If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.
Penalties for breach of law

The maximum fine for conviction on breach of noise regulations is €3,000 or 12 months in prison or both.

We moved into a new apartment (Dublin) two years ago (Builder still on site and trying to sell remaining properties) only to hear every single noise from the apartment above (Literally tissue boxes with over 70 affected). We had a sound test done but it passed which we were more or less expecting. Our sound engineer explaining that sound test requirements are below average due to poor regulations. We are at a stage now where solicitors have advised that the builder is more or less covered under regs and we would be wasting our time and money trying to pursue. :mad:

Reading the above regarding taking a "Noise" issue to the district court, is this possible to do so with a builder/developer? Surely common sense should prevail in these situations as its more than obvious properties like ours are not suitable for living in.

Like to know peoples thoughts on this
TIA

JackW

Hi all

Did a search and came across this topic from boards http://www.boards.ie/vbulletin/showt...ighlight=noisy

I was hoping somebody could shed some light on going to the district court as mentioned here
Quote:
http://www.citizensinformation.ie/ca...se_regulations


You should approach the person or business causing the noise and explain that it is a nuisance and try to come to a mutually acceptable solution. If this does not work, your local authority has the same power as individuals to bring noise complaints to the District Court. In addition, local authorities have similar powers to the Environmental Protection Agency in relation to premises, processes and works other than those that require licensing under the Environmental Protection Agency Act. The Environmental Protection Agency can require the person or body to take specific measures to prevent or limit noise. Anyone required to take such specific measures by the Environmental Protection Agency must do so or face prosecution.
If you wish to make a complaint to the District Court, you are not required to be represented by a solicitor, however, you may engage the assistance of a solicitor to help prepare your noise complaint and present this in court. You should consult with the Clerk of your local District Court about an appointment for the hearing of your case and refer precisely to the law relating to your case (Section 108 of the Environmental Protection Agency Act 1992 and the Environmental Protection Agency Act 1992 (Noise) Regulations 1994 (SI No. 179 of 1994).
The appointment for the hearing of your case must be at least 7 days later than the date on which you inform the person responsible for the noise nuisance that you will be taking your case to court. You must use a Environmental Protection Agency Act, 1992 - noise form of notice to inform the person or business that you will be taking them to court. It is important that you use this form of notice only and that you complete it fully and accurately.
The District Court will call both parties together and listens to both sides of the case. If the court finds in your favour, it can order the person or body to limit the noise, reduce the level of noise or stop the noise completely. Any Orders made by the court must be complied with.
Penalties for breach of law

The maximum fine for conviction on breach of noise regulations is €3,000 or 12 months in prison or both.
We moved into a new apartment (Dublin) two years ago (Builder still on site and trying to sell remaining properties) only to hear every single noise from the apartment above (Literally tissue boxes with over 70 affected). We had a sound test done but it passed which we were more or less expecting. Our sound engineer explaining that sound test requirements are below average due to poor regulations. We are at a stage now where solicitors have advised that the builder is more or less covered under regs and we would be wasting our time and money trying to pursue.

Reading the above regarding taking a "Noise" issue to the district court, is this possible to do so with a builder/developer? Surely common sense should prevail in these situations as its more than obvious properties like ours are not suitable for living in.

Like to know peoples thoughts on this
TIA

Has anyone feedback on the above?

Basically, is it possible to take a case to the district court involving an ongoing issue with a builder/developer?

Would appreciate peoples experience if any on this
Many thanks