EXCESSIVE noise from neighbours can be annoying, stressful and generally disruptive to the quality of life in a residential area.
This may be because of loud music or a television, barking dogs, shouting, banging doors and other social and economic activities.
However, no house or flat is totally soundproof and everyone should expect to hear a degree of noise from neighbours. Often while it may seem difficult, the best way forward is to discuss the problem with your neighbour.
An immediate approach and investigation by the council can lead to a serious breakdown in relations between neighbours and, while our approach seeks to avoid this, formal action should, if possible, be a last resort.
Where we investigate a noise complaint we aim to gain sufficient evidence to prove that a statutory nuisance exists.
If your neighbour does not co-operate and solve the problem, it can take several months to gather sufficient evidence to take the matter to court.
Sometimes, a noise which you find very annoying, might not meet the legal requirements required for formal action.
This might be due to: poor sound insulation in your property; you may be especially sensitive to normal acceptable levels of noise; or you might even be suffering medical conditions causing noises in the inner ear for example tinnitus (Ringing in the Ear).
What can you do for yourself?
If you are being affected by a noise nuisance, you should consider taking the following steps. These may resolve the problem amicably and, if they don't, the fact you have taken them will help you in any further city council action.
Approach your neighbour and politely explain that you are being troubled by their noise. If appropriate, invite them into your home to hear the level of noise for themselves.
Although you might find this difficult, it is surprising how often neighbours are unaware of the problems they are causing. Most will be glad to do what they can to reduce excessive noise.
If your initial requests to your neighbour are snubbed or ignored, write to them about the problem. Refer to your previous approach to them, anything they might have agreed to do, and the effect the noise is having, on you or your family. Ask them again to stop making a noise nuisance.
Start to keep a record of the times you have spoken to your neighbours and copies of the letters you write. Also, you should keep a diary of the dates and times the nuisance occurs, its duration and the effect it has on you.
This will provide the first level of evidence in the subsequent legal action that may be needed. Be careful to make records as the events happen, not sometime later and try not to exaggerate.
Tell your neighbour every time a nuisance occurs. If the problem carries on, move on to making a formal complaint to the council.
What council can do?
In the first instance, we will write to the neighbour advising them of the alleged problem and the possible legal situation if they fail to reduce any noise nuisance.
Recently, the CEO of National Environment Management Council (NEMC), Bonaventure Baya in Dar es Salaam said and stressed that pollution, caused by noise and vibrations, has been taking place regardless of the laws of the country and now will handle the matter appropriately.
Baya said the current rules to regulate it, is fully completed and become effective. Any person who contravenes the rules and regulations, strict action will be taken.
He explained that the regulations have set parameters and special charges of starting from five million to 10 million shillings, depending on the location and type of noise and vibration.
According to the same point of NEMC, now a person wanting to make merry in the street and make noise in the community with its neighbours, will have to pay Sh 10 million and then be allowed to continue and its activities.
Baya urged the community to avoid environmental pollution of noise and vibrations, which many people have been thinking is not a problem. He wanted people to respect the wishes of the rules and regulations for the times of day and night.
He made a special note of those who use musical instruments and sounds in residential areas, to make sure they have far-reaching effects on people's health.
He explained that the rules and regulations of noise and vibrations have enhanced sound criteria and standards for pollution control in the hospitals, homes, mines, social halls, comfortable night venues, advertising, bars and other places.
About fine, he said environmental law clearly establishes fines for violations and pollution to noise and vibrations. Fines and penalties that is independent of Sh Sh five million to 10 million described, where one has to pay not less than Sh 50 million and not more than Sh 50 million or a jail term.
National Council of Conservation and Environmental Management (NEMC), Mbeya Zonal Office intends to begin implementing the rules and regulations of the noise and vibrations levels of 2015 in order to control noise pollution and vibrations.
Speaking with The Guardian on Sunday yesterday in an exclusive interview the Mbeya Zonal Office Coordinator, Godlove Mwamsojo said now anyone who would make a festive in the street, playing music to noise, or worship in the street to noise, will have to pay 10 million shillings.
"The Council also directed that anyone found harassing arising from the noise and vibrations beyond the standards set to report to the council – the Zonal Office of the Mbeya region," said Mwamsojo.
Also, he said that pubs, dance halls and night clubs that will make noise, they will pay that much because they have equipment to prevent unnecessary sounds (sound proof).
NEMC has asked people to respect the regulations of noise levels and vibrations in various locations in the country, and warned that violators, strong action will be taken against them. These regulations become effective last year (2015).
However, some residents in Mbeya City Council have asked various departments to cooperate with other authorities, relevant to the issuance of permits for conferences, exhibitions and concerts in Mbeya, reduce nuisance within the community.
Dr. Paschal Kiliba is a doctor at Tumaini Special Clinic in Mbeya City Council, who said that noise pollution has an impact on the health of the people and the community at large.
He said noise pollution is an often-overlooked source of environmental stress that can raise your risk of serious health conditions, including heart disease. Noise pollution may increase your risk of hearing loss, stress, sleep disturbances, and heart disease.
According to Dr. Mercola (Mercola.com), a new analysis conducted an environmental assessment of US noise pollution as a cardiovascular health hazard, and revealed small decreases in noise could add up to major economic savings.
He said in the US it’s estimated that 100 million people are exposed to unhealthy levels of noise, typically from automobile and aircraft traffic.
Noise pollution can harm your health in many ways, aside from harming your heart health and leading to hearing loss. Many of these are just beginning to be explored. For instance, a study on pregnant women found exposure to noise pollution may lead to lower birth weight.
All in all, the National Environment Management Council (NEMC) oversees the implementation and compliance of the Environmental Management Act of 2004 and the principles of Noise and Vibrations of 2015. Credits: www.stoke.gov.uk and mercola.com
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