Friday 4 December 2015

Under the law, a person has the right to quiet enjoyment of his or her property. However, this right must be balanced against the right of your neighbor to engage in his or her own activities as well. Hence, it is only when your neighbor's noise pollution level has gone beyond tolerable levels that you are entitled to seek recourse. Otherwise, commencing civil proceedings for nuisance and/or harassment could be a fruitless process.

Whether the noise pollution level is considered a ‘tolerable level’ is dependent on a few factors: the duration, frequency and loudness of the noise. There is, however, no exact measurement of each factor which, when exceeded, will be considered sufficient nuisance. It is all very circumstantial and the court will make its decision based on the specific circumstance. For example, noise that is considered “loud” in a library may not be “loud” for a shopping mall. Ultimately, the key question is whether your peaceful enjoyment of your property is “reasonably” disturbed by your neighbor's noise pollution. To determine if you have a sufficient cause of action, it is thus advisable to seek legal advice from a civil claims lawyer.

Assuming that there is sufficient cause for action, you may seek mediation in the first instance through the Community Mediation Center. Should that fail, you may consider taking legal action, for example instituting civil proceedings against your neighbor for private nuisance and/or harassment.

If you wish to institute civil proceedings in Singapore, you may wish to seek legal advice from a Singapore Civil Lawyer from one of our leading law firms, Gloria James-Civetta & Co. At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers. Should you have any queries or should like to seek legal representation, kindly contact us at 6337 0469 or email us at consult@gjclaw.com.sg.

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