Dear Attorney,

I reside in a subdivision where houses are built wall-to-wall. Recently, one of our neighbors has been making loud noises, such as hammering, even before 7 AM. The sound penetrates through the walls, disturbing my household, especially my child who works night shifts from home, and my elderly relatives.

Is there a legal basis to complain about this noise and what actions can I take?

Insights

Under Philippine law, nuisance is a concept that refers to any act, omission, establishment, or condition that causes harm, inconvenience, or discomfort to the public or private individuals. It is defined in Articles 694 to 707 of the Civil Code of the Philippines. Nuisance can either be public or private. A public nuisance affects the community or a large group of people, while a private nuisance affects an individual or a few people.

1. Definition of Nuisance in the Civil Code

Nuisance, as defined by Article 694 of the Civil Code, is any act or omission that:

Endangers health or safety.
Annoys or offends the senses.
Shocks, defies or disregards decency or morality.
Obstructs or interferes with the free passage of any public highway or street, or any body of water.
Hinders or impairs the use of property.

In this case, noise disturbance from a neighboring property may be classified as a private nuisance, especially if it significantly affects the enjoyment and use of one’s home.

2. Time Restrictions for Construction Work

In many local ordinances, particularly in subdivisions, there are prescribed time limits for construction work or other loud activities. Most subdivisions impose restrictions on the allowable time for construction or repair work, often limiting it to daytime hours (typically between 8 AM and 5 PM). Noise made before 7 AM, as in the inquiry, could likely be in violation of such local ordinances, and it could also be seen as unreasonable and disruptive.

3. Remedies Against Nuisance

Under Article 695 of the Civil Code, an individual affected by a private nuisance has the right to take legal action. The remedies available include:

Abatement of the nuisance: This involves stopping or removing the nuisance, with or without legal action. Abatement can be carried out by the affected individual as long as it is done without breaching the peace or causing more harm.
Injunction: If the nuisance is ongoing, the affected party may seek an injunction to prevent the continuation of the activity causing the nuisance.
Damages: The affected party can seek damages, particularly if the nuisance has caused harm or significant inconvenience.

4. Role of Local Government and Homeowners' Associations

In subdivisions or residential areas, local governments and homeowners' associations often implement regulations on noise levels and construction activities. In cases where local ordinances are violated, residents can file complaints with the local barangay or homeowners' association. If the issue remains unresolved, the matter may be elevated to the court.

5. Filing a Complaint

The first step in addressing a nuisance complaint is often to file a formal complaint with the barangay. This initiates mediation between the parties. If no resolution is reached, the complaint can be brought to court. Under the Barangay Justice System, most disputes between neighbors, including those related to nuisance, must first be subjected to barangay conciliation before proceeding to the courts.

Conclusion

In situations where noise is excessive or occurs at unreasonable times, such as before 7 AM, and disturbs the peaceful enjoyment of one’s home, the affected party may have grounds to file a nuisance complaint. Remedies include abatement, injunction, and claiming damages. The first recourse should typically be filing a complaint with the local barangay or homeowners' association for resolution.