[Civil Matter]Right to live in peace and noise issues between neighbors | Kaohsiung Lawyer | Fanggezi vocus

/Image source: freepik.com/

Written by: Kaohsiung lawyer, Wang Hanyi Law Firm.

This article discusses the noise problem between A and A’s neighbor A. According to Article 793 of the Civil Code, A enjoys the right to peaceful residence and can refuse noise intrusion. The article further explores the rights and solutions that A can claim.

【Case Facts】

A lives next door to Hot Fried Shop A. A’s daily business hours are from 5 p.m. to 1 a.m., and the business is very prosperous.A. Late at night, there are noisy guests, clinking bottles and dishes, etc. from time to time, causing AProblems such as long-term insomnia, confusion, and emotional stress, what legal rights does A have to claim? Can A be asked to move out?

【Regulations】

Article 793 of the Civil Code

A landowner has rights to another person’s land, buildings or other worksIntrusion of gas, steam, odor, smoke, heat, dust, noise, vibration and other similar substances may be prohibited.. However, this does not apply if the intrusion is slight or considered considerable based on the shape of the land and local customs.

Civil Code Article 184, Item 1

Anyone who unlawfully infringes upon the rights of others intentionally or negligently shall be liable for damages. The same applies to those who intentionally cause harm to others by means that are contrary to good customs.

Civil Code Article 195, Item 1

If the person unlawfully infringes upon another person’s body, health, reputation, freedom, credit, privacy, or chastity, or unlawfully infringes upon other people’s personal and legal interests and the circumstances are serious, the victim may claim compensation for an equivalent amount even if the damage is not financial. Those whose reputation has been violated may request appropriate sanctions to restore their reputation.

【case analysis】

1. What is peaceful living?

(1) According toArticle 793 of the Civil Codethe right to peaceful residence means that A has the right to refuse the gas, odor, smoke, dust, noise, and vibration of the neighbor next door from intruding into the house, so when A issuesNoise, smoke, food or kitchen waste odorIf it affects A’s home, A has the right to make demands to the courtA should set up certain equipmentPrevent such smells and sounds from intruding into A’s home.

(2) In accordance with Article 800-1 of the Civil Code, the house and land of A or Ais usedrentalortemporarily occupiedit’s the sameA cannot affect the right of residence that A could have enjoyed by living in his home.

(3) But according toArticle 793 of the Civil CodeHowever, it does not mean that there is no impact at all. For example, if A lives on the side of the road, he cannot claim that the sound of ordinary vehicles affects him, or if A lives near the night market business district, he cannot claim that the sound of normal volume affects him. It affected him and asked the night market vendors not to make any noise.

2. What are the standards for identifying noise? How much noise can A make?

(1) Identification of “noise”:

It should be based on whether it exceeds “what ordinary people can tolerate in social life”objective criteriaDecision should not be made as noise just because of the parties’ own likes, dislikes or feelings.And the so-called noiseNoise does not have to exceed the noise control standardsbut it should still be considered in specific cases.The contrast between the natural volume of the environment and the noise, the time when the noise occurred, and the activity status at this timeComprehensive evaluation and judgment based on other factors.

(two) noise control actAlleged noise:

Refers to the sound that exceeds the control standard, which is taken from the statisticalaverage (or more relaxed)It is a standard, but it does not mean that this standard is acceptable to ordinary people or people with sensitive hearing.

(three)Social Order Maintenance ActNoise referred to in Article 72, paragraph 3:

Refers toControl standards stipulated in the Noise Control Actoutsidesounds that are not continuous or difficult to measure and are enough to disturb the peace of life of others.

3. The acceptable volume varies in different areas and at different times.

(1) Noise control areas are divided intoCategory 1 to 4: According to Article 2 of the operating guidelines for delineating noise control zones, they are divided according to the current land use status, administrative regions, topography and features, and population distribution:

1. Category 1 Noise Control Area: Areas in urgent need of environmental tranquility.

2. Category II Noise Control Area: Areas mainly for residential use and where tranquility is required.

3. The third type of noise control zone: an area mainly used for residential purposes, but mixed with commercial or industrial uses, and the tranquility of its residences needs to be maintained.

4. Category 4 Noise Control Area: Areas mainly used for industrial or transportation purposes and where noise must be prevented from affecting the tranquility of nearby residences.

(2) Then according to which type of noise control zone the area is, distinguishdaytime, evening, nocturnaltime period.

(3) Finally, according to various housesuseDivided into factories, entertainment venues, business premises, construction projects, other places and facilities, etc., to determine what is acceptable in each areavolumestandardhow many.

4. A can request mental compensation from A.

(1) Making noise in the area where others live that exceeds the tolerance of ordinary people’s social life should be illegal and infringes on the personal interests of others’ peace of residence. If the circumstances are serious,The victim may not request compensation for an appropriate amount of compensation for his non-pecuniary damage.(Supreme Court Taiwan Letter No. 164 of 1992Refer to the intention of the judgment).

(2) The right to residence and tranquility has been recognized by the Supreme Court as a type of personality right.It is possible to request in accordance with Article 195 of the Civil CodeSpiritual solace paymentand the various noises A makes in the middle of the night for a long time cause A to have long-term insomnia, and the quality of sleep directly affects the individual’s vitality and work and rest the next day. Long-term insomnia can also cause damage to A’s health, causing A’s mental pain and If the situation is stressful and the circumstances are serious, A can naturally claim spiritual consolation payment from A.

5. But A cannot require A to move out of the place.

Some courts have held thatRequiring A to move out is illegal and unfoundedArticle 24 of the Noise Control Act only stipulates the punishment that can cause it to suspend work, cease operations or cease use.There is no provision that A can request A to move out.

【summary】

Taiwan is a narrow and densely populated place. The distance between houses is getting smaller and smaller, and there are more and more apartments in the buildings. People’s living spaces are becoming more and more dense, and it is inevitable that they will influence each other. If you meet good neighbors, you will of course have them in your previous life. Burn incense and God will bless you, but if you unfortunately encounter a neighbor who cannot empathize with you, how to protect your own rights is also very important!

More articles can be viewed on our major platforms. If they are helpful to you, please feel free to like