There are various ways in which people can experience nuisance from neighbours. Dog poo in front of the door, neighbours who park in front of the garage or smelly waste in the garden. Noise nuisance, however, is mentioned often. It is not always immediately necessary to bring out the big guns, but when noise nuisance really is excessive, there are various ways to take action. This page describes the situation in the Netherlands.
What counts as noise nuisance?
The law says nothing specific about noise nuisance, but ultimately it comes down to the fact that everyone may enjoy their property. A tenant also has the right to quiet enjoyment. On the one hand, this means that people have to tolerate a certain amount from the neighbours. To enjoy their property, a neighbour may play some music now and then or mow the lawn, and their children may invite friends over now and then. On the other hand, the neighbours may not have so much fun and make so much noise that other neighbours can no longer enjoy their home. It is a delicate balance that is difficult to make objective. There are therefore no hard, national rules that state how much noise a neighbour may make.
On the other hand, many municipalities do have a General Local Bye-law (Algemene Plaatselijke Verordening, APV) that includes a number of rules on noise nuisance. As a result, the rules may differ from one municipality to another. Case law of course also provides guidelines indicating how much noise people must tolerate.
There is no national noise standard for noise from neighbours. Municipalities regulate nuisance from neighbours in the APV; the court weighs the type of nuisance and how long it lasts (Rijksoverheid, geluidsoverlast in de wet). In exceptional situations, people must be able to tolerate a bit more from the neighbours: if the neighbours are having cavity wall insulation or solar panels installed, for example, there may simply be more noise for a while.
It becomes particularly problematic when the nuisance is constant, for example because an air conditioner makes noise non-stop or a dog keeps barking.
| Rule | What does it regulate? |
|---|---|
| Article 5:37 of the Dutch Civil Code (BW) | An owner may not cause others unlawful nuisance, such as through noise, vibrations, stench or smoke |
| Article 6:162 BW | Unlawful act: the legal basis for a ban or compensation through the court |
| The municipality's APV | Local rules on nuisance from neighbours; in many municipalities this makes nuisance from neighbours a punishable offence |
| Article 151d of the Municipalities Act (Gemeentewet) (Housing Nuisance Act, Wet aanpak woonoverlast) | The mayor can intervene in the case of serious and repeated nuisance, if the municipal council has provided for this in a bye-law |
| Environment and Planning Act (Omgevingswet) and Living Environment Quality Decree (Besluit kwaliteit leefomgeving) | Noise rules for road traffic, railways, aviation and businesses, among others; no national standard for noise from neighbours |
Shouting, loud music and throwing things
In a case that came before the Court of Appeal of 's-Hertogenbosch (ECLI:NL:GHSHE:2019:2341), a tenant turned out to make quite a lot of noise. The official report of findings (proces-verbaal van bevindingen) stated that it involved "shouting and screaming and throwing things". An authorised representative also spoke of "frequent shouting (both at your children and at other family members, and both in the home and in the garden), the racket of slamming doors, frequent arguments, playing loud music […] things being smashed". The housing association claimed dissolution of the tenancy and eviction from the rented home, and the court agreed.
Heels on the floor, falling toys and other impact noise
In a case that came before the Amsterdam District Court (ECLI:NL:RBAMS:2018:5104), the court ruled that a seller of a flat should have told the buyer that their downstairs neighbours quickly experienced noise nuisance. Because of the defective sound insulation, the sellers had agreed with the downstairs neighbours that they would not make any impact noise between 20:00 and 08:00. This included walking in heels, falling toys and so on. Although the noise nuisance was not the central issue in this case, the court did recognise it, and the seller eventually had to pay more than €30,000 so that the downstairs neighbours could install a suspended ceiling.
Barking dogs
A third example comes from the District Court of The Hague (ECLI:NL:RBDHA:2018:7259). Here, the complaint was about noise nuisance from "the dogs barking for long periods, slamming doors and pruning with a (petrol) chainsaw". Eight different witnesses were heard about this. The barking in particular, which could be heard every day from 5 o'clock and was caused by no fewer than twelve dogs, was mentioned. In addition, there was also talk of the many loud "shouting matches with her son". The court eventually ruled that there really was unacceptable noise nuisance and dissolved the tenancy agreement. More about nuisance from pets can be found on the page about animals and neighbour law.
Legislation on noise nuisance
The legislation on this is largely based on Article 5:37 of the Dutch Civil Code (Burgerlijk Wetboek, BW). This article provides that the owner of a property may not cause unlawful nuisance to the owners of other properties. This includes vibrations or stench, among other things, but also noise. When an owner lets the home, they must take action if necessary and (have) the tenancy agreement dissolved, as has already been shown many times in the examples above.
Although owners are referred to above, this does not mean that a tenant cannot cause or experience noise nuisance. In such a case, however, the claim is not based on the article above, but on Article 6:162 of the Dutch Civil Code. This general article states that people may not commit an unlawful act and must compensate the damage caused if necessary. Noise nuisance can constitute such an unlawful act. Otherwise this does not make much difference, but when submitting a claim to the court it is important to base the claim on the right article.
Assessment of the noise nuisance
As mentioned earlier, it is not easy to apply objective noise standards. According to case law, whether nuisance is really unlawful therefore depends on the nature, the severity and the duration of the nuisance. In addition, the court also takes into account the damage caused, as well as the options, the willingness and the costs needed to limit the noise nuisance. In other words, the court will take virtually all relevant factors into account. The most important factors are discussed below.
Duration of the nuisance
The rule here is that the longer the noise nuisance lasts, the greater the chance that the noise nuisance is unlawful. Particularly in the case of business activities and long-lasting or permanent forms of nuisance, it is quickly considered unlawful. In other words, there is a difference between a neighbour who practises with his band in the garage for an hour once a week and a neighbour who does this for three hours every day, even though they both make the same amount of racket.
Extent of the nuisance
As mentioned earlier, neighbours must still be able to tolerate a bit of nuisance from each other and maintain a certain tolerance threshold. Even with industrial nuisance, a certain tolerance threshold must be maintained. With very minor nuisance, there will therefore be no question of unlawfulness. When determining the exact tolerance threshold, local factors also play a role. Someone who goes to live next to an airport, for example, must also accept more nuisance from aircraft flying over. Someone who goes to live in the countryside, on the other hand, may be quicker to object to noisy light aircraft that suddenly keep landing in the neighbour's meadow.
This works somewhat to the disadvantage of people who live in an urban or industrial environment, but on the other hand, people who live in a rural environment will in turn have to be more tolerant of the smell of manure spread by the local farmer.
In any case, it is closely linked to the question of prior occupation (preoccupatie), in other words: who was there first? If a resident lived there before a factory was built, their tolerance level may be lower than that of a resident who knowingly came to live next to an existing factory.
Burden of precautionary measures
On the other hand, the court must also take into account the situation of the party causing the noise nuisance. When it is easy for them to take measures to stop the noise nuisance, this can more readily be expected of them. This follows from the Van Dam/Beukeboom judgment. This concerned noise nuisance caused by a timber merchant. The Supreme Court (Hoge Raad) ruled at the time that the assessment must also take into account "the sacrifices involved in preventing the limits from being exceeded". These sacrifices can not only be financial sacrifices due to sky-high investments, but also, for example, a loss of jobs.
Providing evidence of noise nuisance
Although determining the threshold for noise nuisance is very subjective, a claim must of course still be substantiated objectively. This means that the neighbour who experiences noise nuisance must also provide sufficient evidence of it. Witness statements and a personal log are a good start, but they will not always be enough. Community mediation (buurtbemiddeling) may be a solution, because the neighbours may then acknowledge the problem themselves. In addition, findings by the community police officer (wijkagent) are of course valuable.
Noise nuisance is often recorded too, but the problem is that such recordings do not always give an equally accurate picture. After all, placing a microphone close to the neighbours' wall is not the same as how the sound is experienced throughout the day. That is why it is advisable to use a binaural microphone. Such a binaural microphone records the sound in 3D, as it is actually experienced in the home.
Example: problems with providing evidence of noise nuisance
In this case (ECLI:NL:RBROT:2018:7049), the downstairs neighbour had complained about excessive noise nuisance from the upstairs neighbour, which consisted of loud bangs on the floor and playing loud music.
Another neighbour also spoke of excessive noise nuisance: "[…] heard at often very strange times, very late in the evening, very early in the morning, weekends […] a bang, which was repeated with some regularity […] it seemed like a bowling ball being thrown, falling regularly onto her floor (and so booming through onto the ceiling of my neighbour on the 1st floor). These thuds were already very noticeable to me, let alone to my neighbour on the 1st floor."
However, the court did not side with them, because they had not substantiated their claim objectively enough. For example, they had not had a community police officer make the necessary findings, nor had they made any sound recordings. The court found the allegations insufficiently proven and dismissed the claim.
Step-by-step plan for noise nuisance
In the case of noise nuisance, there is of course no need to go straight to court. On the contrary, this can actually sour the relationship with the neighbours and result in even more problems. Above all, it is important to raise the problem and work towards a solution. The following step-by-step plan forms the basis.
- Make the situation open to discussion
Let the neighbours know when you are experiencing noise nuisance. For example, make a quick sound recording so that they realise what kind of impact their noise has. Neighbours will often be shocked and will want to contribute to a solution that falls within the tolerance threshold, for example by practising on their musical instrument when their neighbours are at work. In other words, do not complain, shout and swear, but think along actively and simply look for solutions that work for everyone. Is it a rented home? Then also consider contacting the landlord, so that the landlord can possibly make sound-insulating adjustments to the home.
- Call in community mediation
When the neighbours do not want to change their behaviour or do not keep to their agreements, it is advisable to call in a community mediator. Ask the social neighbourhood team (sociaal wijkteam) or the municipality about the options. Not all municipalities have community mediators, but a mediator can then possibly be called in. In both cases, however, the neighbours must also be willing to take part in the mediation.
- Gather evidence
At this point, further steps need to be considered, but evidence is also needed for that. So start keeping a log now, ask whether other neighbours also experience nuisance, make recordings and so on. It is important to write everything down as specifically as possible. For example, write down which sound can be heard at which time of day. How loud is this sound, and what can it be compared with? The more is written down, the more can be presented later.
- Present the evidence to the owners' association or the landlord
People who live in a flat with an owners' association (Vereniging van Eigenaars, VvE) or who rent a home can now present this evidence. The landlord or the VvE may have to do something about the nuisance. Enforcing this is often easier than getting the neighbours to stop shouting. In any case, it is useful to request the house rules or residential rules, because these can later simply be submitted to the court as well. After all, these house rules help determine to what extent someone must or must not tolerate noise nuisance.
- Contact the supervisor
Some neighbourhoods or blocks of flats have a supervisor, such as a city warden (stadswacht) or a neighbourhood father (buurtvader). Definitely contact them. Great value is attached to the statements of such a supervisor, and moreover the supervisor is also aware of reports by other local residents. They can combine all these reports, which in turn makes the case file stronger.
- Report the nuisance to the nuisance reporting point
Many municipalities have their own reporting point for nuisance reports (Meldpunt Overlast). A municipal reporter can then come round to map the nuisance. If necessary, they will call in the help of other organisations. The advantage, once again, is that the findings are made independently without people having to incur extra costs themselves. The mayor can also sometimes intervene. Under the Housing Nuisance Act (Article 151d of the Municipalities Act), in the case of serious and repeated nuisance the mayor can, for example, issue a behavioural order (gedragsaanwijzing), subject to a penalty payment (dwangsom) or administrative enforcement (bestuursdwang), if the municipal council has provided for this in a bye-law. Sometimes this is enough to stop the noise nuisance.
- Call in the police
Next, it is a good idea to call in the police. In many municipalities, noise nuisance is a punishable offence, and the police can then intervene. Sometimes the APV even allows them to confiscate a music system, and then the neighbours can no longer make any noise. Otherwise, a community police officer can make one last attempt at mediation. Either way, an official police report (proces-verbaal) will be very valuable for the court's assessment.
- Go to court
When the steps above have not produced any result, submitting a claim to the court is a good idea. Careful thought must be given to the route to take. As stated earlier, there are two articles that can be relied on, but moreover it is not always necessary to take the neighbours to court. For example, a claim can also be submitted against the landlord so that they are forced to install sound insulation. The court can even impose a rent reduction. Ask a lawyer for help to determine the best solution. Of course, first check with the legal expenses insurer to find out the exact options.
Noise nuisance from low-frequency noise (LFN)
Low-frequency noise (laagfrequent geluid, LFG) is sound with a frequency at the bottom of the spectrum that human hearing can perceive. Not everyone experiences this sound, and it is described as humming, thumping or even rather as perceptible vibrations. Because other family members, neighbours and care providers do not notice this sound, the people affected feel unacknowledged. It is difficult for them to stop such noise nuisance, which arises for example from an electrical installation at the neighbours', through legal channels. Every month, a number of such stories reach the NSG (Nederlandse Stichting Geluidshinder, the Dutch Noise Abatement Foundation).
Research into LFN
Only through extensive sound measurements, based on the NSG Guideline on Low-Frequency Noise (NSG-Richtlijn Laagfrequent Geluid), is it possible to record it to some extent. In practice, however, an identifiable source is almost never found. Moreover, others often point to other causes, such as tinnitus. Research by, among others, Leiden University Medical Centre (Leids Universitair Medisch Centrum) and the Municipal Public Health Service (GGD) has shown that people affected have a slightly lower threshold for hearing LFN. The study found sufficiently significant differences from a control group at 50, 31.5 and 20 Hz. At 80 and 125 Hz, the differences were not significant enough to draw conclusions from.
LFN on De Rijdende Rechter
The problem of noise nuisance from LFN was covered in 2017 and 2018 in the television programme 'De Rijdende Rechter' (The Travelling Judge), a programme in which people can put their dispute to a travelling judge who then issues a binding opinion. In the broadcast of 17 October 2017, it turned out that the source identified by the victims could not possibly be the cause of the noise nuisance, but it was nevertheless decided that measures would be taken at the victims' expense.
In the broadcast of 30 January 2018, an elderly lady was completely distraught because of a sound that nobody else could hear. She was hypersensitive to this sound, and the LFN, 50 dB(A) in the home and 65 dB(A) in the chimney, was in the end actually established.
The elderly woman's diary, in which she noted when she experienced the nuisance, matched the measurements that were carried out completely. An expert called the chimney a sounding board, and the central heating boilers of her and her neighbour and her own fridge were identified as the cause. In the end, the housing association would hang the central heating boilers acoustically decoupled, and the lady herself had to replace her old fridge. The housing association cooperated properly and at the same time also filled the unused chimney with sand.
It sounds great, but in the end it turned out not to have helped enough. The noise level had become around 4 dB(A) quieter, but this was not enough for the lady. A new investigation showed that the source could not possibly be in the home, but the actual source was never established and so the problem was never solved.
Initiatives for quieter cities
Finally, noise nuisance can also arise for other reasons. There is, for example, the typical urban noise that comes with living in an urban environment. More and more organisations and cities are taking action to reduce noise in the city.
The municipality of Utrecht, among others, is actively working on this. Every five years they calculate how much noise there is in the city and then they take measures. These include speed reductions and choosing a quieter road surface. The municipality of Apeldoorn, in turn, organised the Electric Heroes campaign. With it, they wanted to promote the electric scooter, which is a good deal quieter than noisy petrol scooters.
In addition, the authorities are also doing their bit. They publish various geographical maps relating to noise. This makes it easier for municipalities to take action, but moreover it also places greater responsibility on new residents: more than ever, they can find out about potential noise nuisance in their new neighbourhood. As a result, the question of prior occupation may only start to carry more weight.
Also read: National survey of neighbour disputes, Sale does not break a lease, except in exceptional cases and Intimidation and harassment by neighbours.
Frequently asked questions about noise nuisance
When is noise nuisance unlawful?
Not every disturbing sound is automatically unlawful. When assessing whether or not a sound is unlawful, account is taken of, among other things, the type of sound, the severity of the nuisance, the duration of the nuisance and the consequences of the nuisance.
I want to have an acoustic survey carried out. Does the landlord have to pay for this?
No, the landlord is not obliged to pay for such an acoustic survey. If someone else, such as the landlord or the neighbours, is later held liable, the costs can be recovered from them.
During which hours of the day may my neighbours do DIY work?
This is not laid down in law, and it must therefore be assessed case by case whether or not there is unlawful noise nuisance. Sometimes, however, there is a General Local Bye-law that imposes such rules. So be sure to check with the municipality.
What can I do if my tenant causes nuisance?
Always start by talking to the tenant. Sometimes the tenant will be willing to change their behaviour. It may also be that the landlord can make adjustments themselves to limit the nuisance for the neighbours, for example by improving the acoustic insulation of the building.
What can I do if my landlord says I am causing noise nuisance?
If it is true: stop causing unlawful noise nuisance and above all talk to the neighbours. Sometimes it is no problem at all to play a musical instrument, and it is enough simply not to do so after 20:00. Is the landlord's claim not true? Then dispute it in writing. Nothing else needs to happen, because it is up to the other party to come up with evidence. If there is no noise nuisance, they will not be able to prove anything either.
Is it possible to complain to the Rent Tribunal about noise nuisance?
In the case of insufficient sound insulation of party walls, floors or ceilings, the Rent Tribunal (Huurcommissie) can grant a temporary rent reduction, because that is a defect; this usually requires an acoustic expert report. The Rent Tribunal does not assess nuisance caused by a neighbour or another tenant without a structural cause (Huurcommissie, Beleidsboek Gebreken juli 2026).
What can I do about odour or smoke nuisance from the neighbours?
In principle, the same applies as set out above. Odour and smoke nuisance are assessed in a similar way, and the same steps as for noise nuisance can be taken. See also nuisance from mess and clutter next door.