Nuisance Noise by Neighbours
If you are looking for an Application form or Council Document you will find them in the All Publications section of this website or alternatively if you are looking for an Environment document or Applications form you can find in Environment Documents & Forms section of this website
Noise caused by neighbours with no consideration for others make up the vast majority of noise complaints in County Carlow. The source of a noise complaint most often dictates the way it should be addressed, depending on whether the individual causing the noise is a private rented tenant, a local authority tenant or a private home-owner.
Frequently Asked Questions
- If the person causing noise is a private home owner then the person experiencing the noise nuisance will have to avail of the remedy provided under the Noise Regulations whereby any individual person may complain to a District Court seeking an Order to deal with the noise nuisance. The Council does not get involved in cases where a person complains about noise from a neighbour’s house as these are essentially domestic disputes. In these cases please review the Guide to the Noise Regulations available below for details on making a complaint in the local District Court.
- In the case of noise nuisance being caused by individuals in private rented accommodation, for example students, the Residential Tenancies Act 2004 imposes minimum statutory obligations on landlords and tenants of private residential tenancies. Tenant obligations under the Act include an obligation not to engage, or allow visitors to engage, in anti-social behaviour which is defined as including persistent noise that interferes with the peaceful occupation of other dwellings in the neighbourhood. The Act also imposes an obligation on landlords to enforce the tenant obligations. There is provision in the Act for third parties who are adversely affected by a failure on the part of a landlord to enforce tenant obligations to refer a complaint to the Private Residential Tenancies Board in accordance with the procedures in the Act. Since December 2004 all privately-rented properties must be registered with the PRTB. Begin by checking if a property is registered by contacting the PRTB.
- Noise nuisance and other problems caused by local authority tenants are also covered under legislation. The tenancy agreement, which is the legal basis of the relationship between the local authority and its tenants, will generally contain provisions in relation to the type of behaviour that is acceptable and that which is not. The local authority is empowered under Section 62 of the Housing Act 1966 to initiate proceedings to secure an eviction where a tenant has breached the conditions of the tenancy agreement. Please contact your local authority if you have a complaint regarding the behaviour of one of our tenants.
Nuisance Noise by Dogs
The County Council has no control over the issue of dogs barking.
There is however a piece of legislation which members of the public can use. The Control of Dogs Act, 1986. Section 25 of the Control of Dogs Act is a statutory control over barking dogs. If a nuisance is being created by excessive barking by a dog, any person may complain to the District Court which may:
- Order to occupier of the premise in which the dog is kept to abate the nuisance by exercising due control over the dog.
- Make an order limiting for such period as may be specified in the order to number of dogs to be kept by the respondent on his premises.
- Direct that the dog be delivered to a dog warden to be dealt with by him in accordance with the provisions of this Act as if the dog were an unwanted dog.