There is nothing worse than having a
neighbor who enjoys making noise. Even though it is inevitable that the
neighbor throws parties, or plays the piano, it is not good when they enjoy
doing it every day at any time of the day. For starters, the Argentine Civil
Code establishes that the emission of noise must not exceed the “normal
tolerance”. It is estimated that the normal tolerance should not exceed the
45dB, although this level will vary according to the area of the city.
Now, the question is, what can I do if my
neighbor likes making noise? First, you should try talking to him. If you go
directly to his/her house, and explain the situation nicely, you may come to an
agreement. You may have to do it more than once, although it is not ideal that
you have to do it every day. If the noise continues, you could start telling
your noisy neighbor that if he doesn’t stop making noise, you will have to call
the police.
If this doesn’t work, you will need to take
further actions. The City of Buenos
Aires offers a service in which you may report your
noisy neighbor in the “Centros de Gestion y Participacion” (Administrative agencies
around the city), and a “community mediation” will be done. During this
procedure, a notification will be sent to your neighbor and you will meet,
together with a mediator, so you can negotiate the times and days where the
neighbor can make (bearable) noise.
If you still have problems, you will have
to make a judicial intervention. It is not the idea that you need to go this
far, but there are some cases when people don’t have other choice. If you are
going to sue you neighbor it would be best if you do it together with other
neighbors that find the noise annoying.
Still, before filling a suit against your
neighbor you should call 911, or the nearest police station and request the radio
electric squad to go to your house, in order they can measure the decibels of
noise. Moreover, you may also report your neighbor’s noises to the “Justicia
Contravencional y de Faltas” [department of contraventions], at 0800-333-47225,
or by sending an email at denuncias@jusbaires.gov.ar o in the Web: www.mpf.jusbaires.gov.ar.
If you decide to file a complaint over the internet, you should add some type
of evidence (a recording or something similar) to show how loud the noises are.