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To solve the intractable issue of noise spats, a holistic approach is required

There may not always be an obvious resolution to neighbor disputes, which can be complicated.

A Tampines resident first noticed her neighbor making noises like hammering in the early morning and middle of the night during the Covid-19 pandemic in 2020.
The woman identified only as Amy said she was also bothered by sounds like running water and what appeared to be a creaking fan. At first she tried to ignore the noises, but as time went on they became more and more intolerable, interfering with her sleep and consequently her work.

Amy said she also complained to the Housing Board and town council about her neighbour, to no avail. According to her, her neighbour even ignored an order from the Community Disputes Resolution Tribunals (CDRT) to stop making noise.

In her latest bid to end the disturbance, Amy, who quit her job in the video production sector in 2022, said she is applying for a special direction for her neighbour to comply with the CDRT order.

Her case, which will be heard in May, illustrates how intractable neighbour disputes over noise can be, and the need for more effective ways to resolve them.

The authorities have taken steps to address noise spats over the years. In 2015, the Police Force Act was amended to allow for the appointment of community wardens with the power to take down particulars, advise people to keep their noise level down and deliver composition notices on behalf of the police.

But the number of complaints involving noise issues continued to climb, and soared during the Covid-19 pandemic when many people worked and studied from home.

In 2017, HDB received 3,493 complaints of disputes between neighbours. The number of complaints jumped by almost eight times to 27,600 in 2022, or 2,300 on average per month.

In March, Senior Minister of State for National Development Sim Ann announced that the Municipal Services Office (MSO) will form a unit to help resolve protracted and egregious disputes between neighbours. This group will be given the power to investigate disputes and stop certain nuisance behaviour, she said.

Second Minister for Law Edwin Tong had also said that cases where noise is used as a weapon to disrupt the peace among neighbours will come under the new legal framework on mandatory mediation for community disputes.

When noise disputes occur, first responders such as HDB and grassroots leaders will encourage neighbours to talk and try to resolve the issue amicably.

Some residents turn to the Community Mediation Centre (CMC), where trained volunteers help to mediate sessions between the parties involved. Some may opt to lodge a magistrate’s complaint to start a private prosecution, if they believe their neighbour has committed a criminal offence against them.

The magistrate will then decide if the case is worth pursuing and direct the police to investigate. In the process, the magistrate may issue a warrant for the alleged offender’s arrest.

Apart from a magistrate’s complaint, people can turn to the CDRT, which was set up to handle such disputes.

In 2022, there were 126 claims filed with the CDRT involving excessive noise, down from 150 cases in 2021. However, the figure was still more than double the 61 claims filed in 2019, before the Covid-19 pandemic struck.

One of the top noise concerns is inter-floor noise, which includes sounds of furniture being dragged, rolling marbles and doors being slammed.

Other avenues for recourse include applying for voluntary mediation or for a protection order under the Protection from Harassment Act.

In a high-profile case reported by The Straits Times in 2020, a couple was barred from their Bukit Panjang flat for a month after they were found to have breached an earlier court order to stop disturbing their neighbours in the unit above. It was the first time that the CDRT under the State Courts had issued an exclusion order.

The couple eventually sold their flat, ending a protracted dispute that began in 2017.

In another severe dispute, the residents of a Punggol HDB block had to endure disturbances from a neighbour who, among other things, allegedly splashed oil at their doorsteps and left a bloody pig’s ear on a shoe rack.

Her behaviour caused many residents to fear for their safety. Some even installed closed-circuit television cameras in their homes to protect themselves.

This case was troubling because even though reports of her behaviour had been made since 2014, the matter was resolved only in 2021, when she moved out of her flat in Punggol.

While there are various agencies and avenues for recourse available, it seems that none of them is able to truly address the serious disputes. The outcome of the two cases showed that the issues were resolved only when either party moved out.

Clearly, there needs to be a more effective way of resolving neighbourly disputes, especially those involving noise.

Statistics have shown that mediation is highly effective in helping neighbours work things out, with 80 per cent of disputes that end up at the CMC resolved.

However, residents have reported difficulties with this option as their neighbours do not always turn up for mediation, and going to court or tribunals can be a tedious and expensive process.

Community mediation is generally voluntary, and currently, there are no consequences for disputing parties who fail to attend mediation, said a Ministry of Law spokesman.

In cases where a CDRT claim has been filed and the respondent fails to turn up for the hearing, the CDRT may grant a CDRT order in the absence of the respondent. But a breach of the initial CDRT order is not a criminal offence, added the spokesman.

As a result, residents whom ST spoke to feel that their only option is to sell their flats and move away.

It is important to recognise that neighbour disputes can be complex and multifaceted, and there may not always be a clear solution.

While the Government continues to encourage good neighbourly communication and tolerance, the new MSO unit will now intervene at appropriate junctures for egregious disputes.

However, the unit must be given sufficient powers and teeth in order to stop the wilful weaponisation of noise by neighbours.

References

straitstimes

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Hong Kong man turns tables on noisy neighbours with sweet-sounding device that blasts out tit-for-tat racket

  • Incensed man has been plagued by late-night and early morning noise from his upstairs neighbours for months
  • After an official warning from the property’s management fell on deaf ears, the man turned to a ‘revenge’ device which blasts amplified noise into adjacent flat

An exasperated Hong Kong man has found a novel way to take revenge on his noisy neighbours, and it goes by an unlikely name.

The city’s cramped living conditions mean noise pollution is a common problem and recently an enraged citizen – who had complained 14 times about his noisy neighbours to no avail – found a cutting-edge way to fight back.

It came in the shape of a vibration speaker called “Little Cutie”.

On a Facebook group called “Neighbourhood Noise Alliance (Hong Kong)”, which has more than 8,000 members, the angry man explained that he had been suffering from noise from his upstairs neighbours for a long time.

The enraged neighbour had complained to the property management company 14 times to no avail. Photo Shutterstock

He said the family of four living upstairs never go out except to take their children to school.

As a result, the children have been “walking from one end of the apartment to the other, playing with balls and sometimes jumping up and down”, making his life unbearable.

The poster said that sometimes he was woken up at 7am by the sound of running.

 

After investigating the situation more closely, he discovered that the two children upstairs were playing basketball and jumping around in the apartment, and their father failed to stop them.

After 14 complaints to the property management company, the noisy family were sent a warning letter, but it had no effect on their behaviour.

The “Little Cutie” device blasts back revenge noise at amplified decibels. Photo: Facebook/Neighbourhood Noise Alliance (Hong Kong)

In desperation, the man approached the above-mentioned Facebook group for help where it was suggested he seek the services of “Little Cutie”.

An online observer said: “The only solution is to fight back with ‘Little Cutie’ and be crazier than them.”

 

“Little Cutie” is a vibration device that, when attached to a connecting ceiling or a wall, will create noise several times louder than that it detects in the adjoining dwelling.

 

The poster decided that whenever the neighbours made a noise, he would activate “Little Cutie” to blast back heavy bass music.

Under Hong Kong’s noise control laws, it is an offence for a person to make or cause a noise in a dwelling or public place between 11pm and 7am or at any time on a public holiday.

According to the Hong Kong Environmental Protection Department, in 2021, the department issued 1,185 warnings over neighbourhood noise due to hawking activities.

References

South China Morning Post scmp.com

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Songkran Celebration – Noise complaints during holidays

Punyakorn, April 2023

Geonoise (Thailand) Co., Ltd

The previous week is a week of celebration in Thailand for the Thai New Year or also known as “Songkran Days”. The celebration usually lasts for three days from 13 -15 April every year. This celebration is also well known for the way people celebrate by adapting the traditional activity to a water festival or water fights. This year is also a little bit special after the government put on a break during the COVID-19 situation. There is much positive feedback from the people that finally things tend to turn back to the normal conditions that they can celebrate, and many festivals are now allowed again.

There are many well-known areas or streets where most Thai and foreigners go to enjoy the festival and the water fights, but some might not be so convenient to travel across the city there. That’s when people need to find their way of celebrating!

Many clips on the internet show how people are having fun at their own houses, most people will have a small water station in front of their home where their neighbors can join when they are passing by. Some might make it bigger and more fun, having loudspeakers and playing some partying music.

However, this might be the start of the complaints….

What makes party music might be a disturbance more than a fun to the neighbor?

Party music is made to make people feel fun and enjoying. That is why most party music contains a lot of heavy beats and low bass sounds. These sounds are called ‘low frequency’ in a more engineering way. Normally we are not good at hearing these low frequency, but our ears are smart, it detects these low frequency a lot better when the sound is loud enough and when it plays in beat (or called ‘impulse’ by engineers). These low frequencies are also good at traveling long distances and having big waveform, this makes low frequency can pass through a wall without taking so much effort!

What should we do to prevent complaints?

If you’re planning to have a party again next year with some music in the backyard, you might try to keep the volume a bit lower and not boost the bass of your speakers. Second, be careful about your party time, after 10 pm is commonly known as nighttime when people need to rest, they are more sensitive to noise during this time. There are laws and regulations from the government protecting people’s health, so the laws are more sensitive during this time of day as well. Third, a small party room in your home is also a good idea! These days there are several companies that can help you with the design of a soundproof room with a good sound system.

What should I do if my neighbors are making noise?

Keep in mind that the laws are protecting you! You might try to contact the police officer in your area and not engage the neighbor by yourself. The police can help stop the noisy activity. Another regulation is by the Department of Public Health of Thailand, contact your local authorities to stop the disturbance activity. The laws protect your right to have good health and proper rest.

Thai Ministry of Justice provided an infographic for the related laws that emitting loud noise and creating disturbance can lead to a fine from 1,000 baht – 10,000 baht or imprison not exceeding 1 month (depending on the law section).

Follow this link: https://www.moj.go.th/view/75639

Prevent noise in the long run: interested in improving your home acoustic insulation?

You may need a professional acoustic consultant to find the most effective way, especially when you are dealing with low-frequency noise. This noise is really good at traveling through structure, normal designs or materials might not work at their best performance without proper acoustic designs.

Celebrating Songkran in Thailand next year?

Feels the fun and enjoy the festival for three days long here in Thailand.
But after this, you might want to keep in mind and care for others who might not celebrate the festival as well.

Happy Songkran Days!

References

Department of Health, Ministry of Pubic Health (2560). พระราชบัญญัติการสาธารณสุข พ.ศ. 2535 หมวด 5.

กฎหมายน่ารู้ ตอนที่ 388 : เพื่อนบ้านทำเสียงดังเดือดร้อนรำคาญ เสี่ยงคุก 1 เดือน ปรับ 1 หมื่น. (2022, September 28). Retrieved from MINISTRY OF JUSTICE OF THAILAND: https://www.moj.go.th/view/75639

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