Noisy neighbours can turn home sweet home into a terrible headache. While some noise is expected, persistent disturbances may cross the line into a legal nuisance.
The usual disagreement is about how much noise is too much noise? Everyone has a different preference as to how much noise they are happy to put up with. From a legal perspective, the question is “is the noise something that is reasonable?”
Now, if you’re having to deal with “too much noise” the fastest solution is to speak to your neighbour, either directly or through your residents’ association.
If the problem hasn’t been solved, the Court can order the other side to stop the noise disturbance if you win in Court. This is called an injunction. The Courts only make this type of order in special cases, where it is clear and money cannot be enough of a compensation.
The general principle under the Tort of Nuisance is that noise cannot be avoided, and we all have the right to make some noise. However, we cannot say we have the right to make as much noise as we want. So, there is no reason to allow unreasonable noise disturbance [1].
In the case of Syarikat Perniagaan Selangor Sdn Bhd v Fahro Rozi Mohdi & Ors, the landowners sued a company for causing too much noise by organising performances on an open-air stage near a neighbourhood. The Federal Court considered whether the noise was a nuisance. Given the strong evidence, including that a tenant left the neighbourhood because of the noise, the Federal Court ordered the company to stop the noise disturbance [1].
In another case of Dato’ Manokaran Veraya v Perbadanan Pengurusan Apartmen Kayangan, the lobby of an apartment block was turned into a restaurant and mini market. One resident tried to sue because of noise, smoke, and smell from the restaurant. However, he failed to prove that he suffered any harm because of the restaurant. In fact, the resident had left his unit empty for 11 years. The Court of Appeal dismissed his claim [2].
And yet in another case of Azman Bin Mohd Yussof & Ors v Vasaga Sdn Bhd, another group of residents sued the operators of a nightclub in their apartment block. The residents claimed that the loud music went on till late at night and caused vibrations in the building. The Court acknowledged that tolerating some level of noise is expected. However, the residents provided evidence that the sound level was beyond a reasonable level. The Court accepted that the noise was unreasonable and ordered the nightclub operator to stop the noise disturbance [3].
When it comes to noisy neighbours, the law strikes a balance between tolerance and disturbance. If the noise goes beyond what is reasonably expected, the court may rule in your favour—but as case law shows, not every complaint makes the cut.
So before making noise in court, make sure your case is legally sound.
[1] [1981] 2 MLJ 16
[2] [2019] 2 MLJ 458
[3] [2001] 6 MLJ 217
About the Author
Sahain is a Senior Legal Associate of XK Law. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.
Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
