Clipping of news on Brazilian Culture, Law and Citizenship
 


Several

Noisy neighbor? See when noise should or should not be tolerated

17/07/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 




The coexistence between neighbors almost always can be tense, especially with regard to the noise produced. Hell are always others. Cachorro, children, mortisers, music High can be motives of discord in condominiums.

No limit to the noise level usually caused by a unit even during the day. This is guaranteed by the Civil Code: "Section 1336. Duties are the joint owner: give your parts the same destination that has the edification, and not to use them in a way detrimental to peace, health and safety of the owners, or morality. "

There is also the federal law No. 3688 of October 23, 1941 determines in Chapter IV that one can not disturb the peace of others or work.

But ultimately, what to do about it in the best way possible? Specialist in Real Estate Law, Daphnis Citti Lauro says it is good to avoid direct contact with the neighbor. In May, a businessman killed a couple and committed suicide in Santana do Parnaíba (SP) because of noise complaints.

"It is better the dweller ask to the ordinance interfonar and say to another what's going a complaint. In case of no be serviced, the hang is send letter to the liquidator and for the administrator ", says.

The lawyer explains that in case of non-compliance after notification, fine should be imposed, which procedure should strictly abide which provides for the condominium agreement. "This is because in general, people do not pay the fine and the charge should be made in court."

He asserts that the complaint is valid at any time, not just at night or at dawn. "There is a time of silence (from 22h to 7h), but that does not mean that outside of these times people can make the noise they want. Not can, not ", ensures.

But, besides the lack of awareness of the residents, the homebuilders also are the causing of the problem. "To cheapen the work they raise buildings with no concern for soundproofing."

See when the noise must be tolerated or not:

Construction noise in units, when done within the established time the Rules, shall be tolerated, provided that it does not extend for long. In the case of works, the standard time, in general, is from 8h to 17h, but remember that this can vary according to the Rules of each condominium, according to the website Receiver Net;

• The limit for such measures is the good sense. If the noise of any kind, is permanent and occurs for hours bothering most of the shareholders, may be taken some measures.
The convention determines whether the condo can or not apply the fine directly, before any measure;

• First, see if the noise caused by the upstairs neighbor, side or bottom of your unit is not due to normal use of the apartment, according to tips from Creci-PR. Probably, you and your family are also originating noises in same degree of intensity. There are buildings with soundproofing inadequate, low quality. Hears-if each time someone goes to the bathroom, eg. There is no what to do.

• Carpets have been used to solve or alleviate problems caused by sewing machines, high heels or other sources that convey noises from the floor of pavement superior for the ceiling from downstairs.



Source: UOL - Modern Consumer

Our news are taken in full from our partner sites. For this reason, we can not change the contents of the same even in cases of typos.

This article was translated by an automatic translation system, and was therefore not reviewed by people.

Important:
The JurisWay site does not interfere in the work provided by doctrine, why only reflect the opinions, ideas and concepts of their authors.


  Subjects list
 
  Copyright (c) 2006-2009. JurisWay - All rights reserved.