NOISE constitutes a nuisance, when it is an unreasonable interference with a person’s right to such enjoyment of property, as would be expected by any ordinary person. Public nuisance is generally when three or more residents are affected and report the nuisance incidents. If your neighbours are interfering with your enjoyment of your property, you can contact the Environmental Officer attached to Donegal County Council, who are responsible for dealing with cases of noise pollution/nuisance.
If the Council doesn’t act, you (or use a solicitor) can take a case to the local District Court. For a small fee, you can bring a summons under the Environmental Protection Agency Act 1992 (Noise) Regulations to seek a District Court Order to halt the nuisance. The summons will give a date for the hearing and on that date you will have to give evidence of the nuisance and your own efforts to stop it. Therefore, you should keep full records of when the noise incidents occurred and the complaints you made, and bring any correspondence you have that supports your claim. The Court may order that the noise be reduced, restricted (e.g.; as to time) or stopped completely. Fines of up to €3,000 or 12 months imprisonment may be enforced by the Court.
Information is available from the ENFO site
· Guide to Noise Regulations (ENFO) (pdf, 2,303 kb)