It is common for homeowners to have pets that cause inconvenience to neighbors, dogs being a very clear example of this, or for there to be commercial premises dedicated to nightlife, which are not well soundproofed, or other annoying activities that affect to the rest of the residents of the building.
For these cases, the Horizontal Property Law establishes the so-called “Cessation action”. The action of cessation of annoying activities in the Community of owners is a special action that the Community of owners has at its disposal and that is to get the Court to issue a conviction against the offender that forces him to definitively stop said annoying activity. .
Can I sue a neighbor for noise?
Yes, it is possible that a neighbor can sue an owner for noise or that it is the community itself that does it.
In the first place, it will have to be the president of the community, on his own initiative, or because any of the owners requests it, who will ask the person who carries out the annoying activities to interrupt them immediately, under notice to initiate legal actions. corresponding. The request to the offender must be reliable, that can be accredited. For this first requirement, an authorization from the owners' meeting is not essential.
If the problematic owner or tenant does not modify the behavior, the president will have to convene a meeting of owners so that it authorizes him to start the cessation action. If a majority of owners vote against the legal action, the other owners can take the necessary legal action on their own to stop the nuisance activities, in particular, due to noise.
Procedure to report your neighbor for noise
An ordinary lawsuit must be filed against the owner or occupant of the home or premises, and it is possible to request the judge, in advance, not to continue with the prohibited activity, who can agree to carry out said cessation immediately. Otherwise, being able to commit a crime of disobedience.
If the judge understands that the claim is well-founded, he will say in his sentence that, in addition to the permanent cessation of the prohibited activity and the resulting compensation for damages, the deprivation of the right to use the home or premises for a period not over three years, depending on the seriousness of the offense and the damage caused to the community.
If he makes the noises is a tenant, the sentence may declare definitively extinguished all his rights related to housing or premises (in the example, the resolution of the lease), as well as his immediate release.
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