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PROTECTION FROM NOISE POLLUTION: Communal noise and noise emissions

Summary/Abstract: Protection from noise as an emission which implies a harmful interference with the living environment and the protection from noise emissions emanating from the neighbouring property are two different forms of protection against harmful effects of noise on people and neighbouring properties as well as two distinctive aspects of the negative impact of noise pollution in the contemporary society. For this reason, the contemporary legislations provide ample forms of legal protection. In the contemporary legislations, the focal point of legal protection against these harmful interference seems to be shifting from the field of private law into the field of public law. Thus, in addition to the traditional forms of legal protection provided to the injured party by civil legislation, there is a body of administrative legislation as well as a body of criminal legislation governing the protection against these harmful impacts. Although these two distinctive forms of protection are intended for different purposes and include different participants, they are interrelated by the provisions governing the protection of the healthy living environment and the provisions specifying the admissible level of interference in some harmful emissions; (e.g., the emission of communal noise is measured in decibels). The legal protection provided within the civil law framework is still the predominant and the most efficient form of protection against these harmful interference. In addition to the classical forms of legal protection of one’s property which are provided under the real property law and the law of obligations (tort law), the civil law protection against these harmful impacts is also provided in some subject-specific legislative acts, such as the Environment Protection Act which guarantees the right to the compensation of damage caused by a harmful emission and a wrongful act of endangering the living environment.

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