Noisy Construction Near You?

What are my rights ?
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Noisy Construction Near You?

Living in Spain can sometimes feel like residing within a perpetual construction zone.

However, if the noise becomes unbearable, understanding your rights as a tenant or property owner and knowing what actions you can take is crucial.

Regardless of your location in Spain, whether it’s bustling Barcelona or the tranquil Canary Islands, construction or renovation activities are a constant presence. Whether it’s a neighbour’s modest kitchen upgrade spanning a few weeks or the extensive construction of an entire apartment complex opposite your residence, enduring construction noise is a common challenge in Spain.

During the pandemic, with many individuals working from home without the insulation of office spaces, excessive noise levels, disturbance, and dust from construction sites can pose significant issues. The incessant clamour of tile cutters, power saws, and hammering can disrupt online meetings or hinder concentration on work tasks.

Understanding Your Rights:

Exceeding legal noise limits and disturbing the tranquillity of a residence is deemed a violation of personal and familial privacy rights as per the Spanish Constitution. While Spain’s national Noise Law, established in 2003, provides a framework, various regional and municipal regulations also apply.

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Exceeding legal noise limits and disturbing the tranquillity of a residence is deemed a violation

Navigating the Legislation:

Determining responsibilities concerning noise disruptions at home can be ambiguous. There’s a distinction between “domestic noise” (e.g., from neighbours, pets, or electrical appliances) and noise from external sources such as construction sites, mopeds, or festivals, which may fall outside state jurisdiction.

Notification and Regulations:

If construction works are planned in your building, you should receive prior notice posted in the entrance hall. This allows preparation for potential disruptions, such as investing in noise-cancelling headphones or arranging alternative workspaces. If no notice is provided, the building’s president or community should be informed and subsequently notify tenants or owners.

Understanding Local Laws:

Permitted noise levels and construction hours are regulated by municipal environmental bylaws. Different municipalities may have varying regulations, such as restrictions on construction activities during certain hours or days. For example, in Bilbao, Valencia, and Zaragoza, construction or renovation work is prohibited between certain nighttime hours on weekdays and weekends.

 

Addressing Violations:

If builders violate local regulations, residents have recourse to address the issue. Initially, discussing the matter with the offending neighbor or the community of owners is advisable. If the issue persists, formal written complaints can be made, and if necessary, authorities can be involved by filing a complaint at the local police station.

Seeking Information:

Residents can research local construction regulations by conducting an internet search using terms like “ordenanza ruidos obras” followed by the name of their town or city.