Legal Affairs

Balancing silence and sound: guidelines for businesses

Companies are permitted to produce noise, but in the event of excessive noise nuisance, local residents can take action and even claim compensation. The limit is set out in standards — usually expressed in dB(A) — which are stated in the environmental permit or general rules....

Published on June 29, 2023 by MKBjuristen.nl
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Companies are permitted to produce noise, but in the event of excessive noise nuisance, local residents can take action and even claim compensation. The limit is set out in standards — usually expressed in dB(A) — which are included in the environmental permit or general rules. Below, you can read how noise is measured, which rules apply, and how you, as a company, can limit nuisance.

Sound is a subjective experience

The way we perceive sound is highly subjective: what is a soft melody to one person, another experiences as noise. Some people are easily bothered by industrial noise, while others are not, and certain high tones are audible to one person but not to another.

To measure sound objectively, an A-filter is used, which displays the sound in dB(A). This is a logarithmic scale: an increase of 10 dB means a tenfold increase in sound energy, which is perceived as a doubling of the sound level.

The role of the environmental permit and the rules

Every company that produces noise must comply with regulations. These are usually set out in the environmental permit, with specific provisions to prevent and limit noise nuisance. Companies without a permit must comply with the general rules. Factors playing a role in this include:

  • the noise level in dB(A), often subdivided into standards for day, evening and night;
  • the equivalent sound level (the average amount of sound over a period);
  • a peak limit.

Municipalities can establish additional rules, and rules also apply at the European level, such as the Environmental Noise Directive (2002/49/EC). TODO_VERIFY: noise regulations have been substantially changed by the Environment and Planning Act — check the current standards and which regulation applies to your situation.

How do you limit noise pollution as a company?

There are various possible soundproofing measures:

  • isolate the sound source;
  • installing noise barriers;
  • use silencers or switch to low-noise equipment;
  • choose a different working method or adjust the schedule so that loud activities take place during the day instead of in the evening or at night.

Frequently Asked Questions

When is there excessive noise pollution?

If the applicable standards (in dB(A), with day, evening, and night values ​​and possibly a peak limit) are exceeded. What is permitted is stated in the permit or the general rules.

What does dB(A) mean?

A measure of sound that takes into account how the human ear perceives sound, on a logarithmic scale. An additional 10 dB is experienced as a doubling of the sound.

Can local residents claim compensation for noise nuisance?

This is possible in cases of excessive, unlawful nuisance. Local residents can also request enforcement or take legal action.

What can I do as a company to comply with the standards?

Implement noise reduction measures (insulation, screens, attenuators, low-noise equipment) and adjust your working methods or schedule. Have the applicable standards mapped out.

Problems with noise pollution?

We advise companies on noise regulations and help you comply with the standards. Are neighbors complaining, or is someone taking legal action? We explain how to handle this and, if necessary, litigate or negotiate on your behalf.

View our expertise in environmental law or schedule a no-obligation intake consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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