Definition : Noise

You have just bought your new condo and for some time now, you have been hearing noise that prevents you from peacefully enjoying your unit, or even prevents you from sleeping completely. You question your neighbors and they face the same problem. But noise can stress, exasperate, tire, and even make you sick. What can be done to remedy this problem and regain tranquility? Here is the procedure to follow that we suggest in order to manage the situation.

In principle, co-owners have the right to enjoy their private portion as he sees fit. In addition, the law provides for a duty of tolerance on the part of neighbours, i.e. to accept the normal inconveniences that may result from the exercise of the right of ownership by the other. However, there are limitations to this use. In the event that the nuisance caused by an occupant of the building becomes excessive, it constitutes an abnormal neighborhood disturbance. It is common for such a case to constitute a breach of clauses relating to the peaceful enjoyment of the private portions, which are provided for in the by-laws of the immovable. That said, an abnormal neighbourhood disturbance does not systematically constitute a violation of the declaration of co-ownership. It should be noted that in certain circumstances, this type of inconvenience may be punished, even if the perpetrator has not committed any fault.

  January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division. This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.

11 septembre 2015 — Bien qu’il y ait certains points communs entre les facteurs permettant d’atténuer les bruits aériens et ceux permettant d’atténuer les bruits d’impact, ces derniers sont bien plus complexes à mesurer, classifier et atténuer. Étant donné que les bruits d’impact génèrent beaucoup plus d’énergie que les bruits aériens, ils se propagent plus facilement et rapidement dans la structure du bâtiment.    

29 juin 2015 - Cette chronique est la première de trois qui traite du même sujet. L’acoustique présente des défis à quiconque recherche un niveau de performance en cette matière. Qu’il soit question d’une construction neuve ou d’un projet de rénovation, il importe de se poser les bonnes questions, au bon moment.

Acoustic comfort is an important element for the quality of life of the occupants of an apartment building. However, it is recognized that noise is one of the most common nuisances in co-ownership. Many disputes between co-owners arise from the noise generated by each other. This bone of contention generates several disputes. To be honest, the proper sound insulation of apartments is one of the main components to watch out for while shopping for a condo. It should be remembered, however, that "acoustic comfort" is not synonymous with sound transmission index (ITS). This index measures the soundproofing capacity (e.g. of a wall), i.e. the average transmission loss of airborne noise through an assembly, expressed in decibels (db). The higher the ITS index, the better the sound insulation.

An apartment held in divided co-ownership caught your attention. You seriously consider buying it, but before making a commitment, you would like more information about the neighborhood. To obtain additional information to that supplied by the co-owner seller, it will often be necessary to conduct your own survey. This is important on account of the possibility of abnormal neighborhood annoyances caused by noise, odors and smoke, the main cause of co-owners’ conflicts.  

  I am constantly disturbed by noise in my condo, because its soundproofing is deficient. The co-owners living upstairs aggravate me, because of constant barking and loud music. My next door neighbour has the same problem with her neighbors above, who have recently installed hardwood floors! Question: What are our recourses to remedy this problem?