Dealing with Annoying Noisy Neighbours

Your first port of call is to check local bylaws. Noisy nuisances are a concern for every city.

Start by checking out your city's website. The bylaws should be spelt out there. If they're not (or you're having difficulty interpreting them), you can visit your city hall or call them during office hours to make an enquiry.

Remember that there's a wide spectrum of what's considered acceptable. If you're living next to a bustling airport, there's little you can do in the way of limiting the noise (except moving!).

Similarly, if your residence has a lot of surrounding nightlife, the bars and clubs will likely have noise permits.

Even so, it never hurts to ask. Nightclubs are notorious for overstepping their bounds and pushing the limits of what they're allowed to do.

Condo owners must abide by the bylaws of their building. These tend to vary more greatly between the condo boards who write them.

What's more, the proximity of residents means that noise disturbances tend to crop up more often. Because the wording is often different, you'll have to interpret what constitutes a nuisance and what's worth pursuing.

In spite of this, if you're being negatively affected by noise, you have a case worth making.

What's unreasonable, anyway?

This is a matter of discretion that's often decided on a case-by-case basis. For example, a neighbour who plays an instrument throughout the day might cause a nuisance to their surrounding neighbours.

But should they install noise dampeners to muffle the sound, that might constitute "reasonable" noise. Putting rugs and carpets down to muffle the sound of shoes on a hard wooden floor is another example.

Overall, the volume of a sound is important in assessing its level of acceptability:

• Sounds up to 60dB are acceptable
• Sounds above 85dB are considered harmful
• Sounds above 120dB cause instantaneous harm

An average conversation or soft background music sits somewhere between 40 and 60dB. But a leaf-blower or a shouted conversation is more in the range of 80-100dB, depending on how far away it is.

The scale's upper, "instant harm" end is the domain of a rock concert, explosion, or a gunshot.

Noise that falls into the first category (40-60dB) or matches the ambient background noise (whichever is higher) is generally considered fair. Anything above that - that's noise pollution.

Noise disturbances are regulated based on other factors, too:

• Indoor and outdoor noises
• Daytime and nighttime
• Urban, semi-urban, and rural zones

Your municipality will have guidelines and bylaws for any given scenario. But as a general rule, noises are more likely to become a nuisance at night, in areas with low ambient background noise.

Some noises are outright prohibited during certain hours of the day (such as a lawnmower at night) - as you'll see below.

For those who live in Toronto, the city government spells out clear regulations for noise. When dealing with noise complaints in Toronto, they'll be processed by the Municipal Licensing & Standards Division.

However, they ask you to turn to the police's non-emergency number for the following noise complaints:

• Noisy parties
• Demonstrations
• Disorderly behaviour, including screaming and fighting

Regarding your noisy neighbours, below are common sources of noise that are restricted. Note that, except for persistent animal noise, all are permitted at certain levels at certain times.

For instance, it's acceptable to play music between 50dB and 75dB throughout the day. Construction noise and powered tool use are prohibited between the hours of 7 pm and 7 am (9 am on weekends) - and construction on Sundays is never permitted.

• Persistent animal noise (e.g. barking)
• Amplified sound (i.e. loud music)
• Construction noise
• Powered tools (e.g. leaf blowers and lawnmowers)
• Air conditioners and HVAC units

Suppress the urge to leave a note on their front door. Even notes written with a kind word and a smile can come off as passive-aggressive.

Face-to-face interactions foster cooperation. Talking to your noisy neighbours in a direct, non-aggressive manner is a great way to start. You may find that your noise concerns end there.

It's best to remain diplomatic, not to get defensive, and remember that you may be making noise, too. In general, it's considered polite etiquette to inform your neighbours of an upcoming party or get-together you might be hosting.

But some people won't respond to polite requests. And if the noise doesn’t settle down after a polite conversation...

As irritating as a late-night disturbance might be, it's not life or death. Your local municipality will have means of reporting your neighbours for noise disturbances. It's a very common occurrence.

Depending on the source of the noise, this might mean contacting the police via their non-emergency hotline or getting in touch with your municipal office.

This is an important step, as it creates a record of the history of your noise complaint.

And if the noise continues to persist...

Unreasonable noise that persists over an extended period of time eventually ceases to be considered a nuisance and becomes a disturbance - an offence punishable by the Canadian Criminal Code.

The threat of legal action may be enough to quieten your neighbour down. And it should be taken as a last resort - after all, you're living next to each other and your relationship won't be the same after you've begun the process.

Yet if you're left with no other option than to take legal action, you will need to gather proof and be prepared for a long and grueling legal process. 

The direct approach is often best. Once again, your neighbours may not be aware of the ruckus they're causing, or how thin the walls are that separate your living spaces.

Remember to check your condo's bylaws before approaching your neighbours. If you can point to a specific bylaw they're breaching, you're more likely to convince them to keep things quiet.

If they insist on not quieting down…

You can file a formal complaint with your condo management board if your neighbour remains callous. You may wish to do so instead of speaking with your neighbour if you'd like to avoid the confrontation.

The board knows its bylaws and is committed to ensuring all residents are abiding by them.

Your complaint will carry more weight if you can prove your accusations, so consider recording the noise (with a phone) or keeping a noise journal.

For example, imagine your neighbour's dog barks and whines while they're at work. Write down the frequency and persistence of the noise, and record it with your phone to back up your claim.

Your board will investigate in due time.

Usually, a condo management board or municipality's enforcement officer will try to resolve the matter informally.

In cases where it's deemed necessary, or where no improvement is made, the council or management board can issue fines. These are in the region of $500.

If you remain unsatisfied with the outcome, the Civil Resolution Tribunal allows you to submit your claims online.

The simplest solution is also the cheapest: earplugs. They won't block frequencies or sounds completely. But they'll muffle ambient noise enough to help you get a better night's sleep.

Sleep or noise-cancelling headphones are a more radical approach. Sleeping headphones emit white noise. They'll go a step further than a pair of earplugs.

If the distracting noises are keeping you from working from home, then noise-cancelling headphones can allow you to focus when you need to. They're a particularly good solution if your neighbours aren't breaking any bylaws but you need to concentrate.

For persistent noise disturbances, contemplate insulating your home against noise.

Air carries sound waves from great distances, and airflow beneath doors and in window cracks can be mitigated with draft blockers and weatherstripping tape.

Sound-absorbing curtains are a viable option if you find yourself disturbed by the racket of a bustling street.

Should you need proof to back up your noise complaints, you might consider investing in recording equipment - particularly if you're taking formal legal action.

There are two things for you to think about: professional recording devices, and dB measurement equipment.

A professional microphone records with far better clarity than a mobile phone. It will allow you to prove the persistence of noisy neighbours without a doubt.

Meanwhile, measuring the actual decibel output of noises will demonstrate that a neighbour is producing unreasonable levels of noise and needs to keep it down in the future.

If all else fails, you could consider hiring a professional sound engineer to do the hard work for you. Bear in mind, though, that this will come with a hefty price tag.