Noise and nuisance in co-ownership: obligations
Noise and nuisance in co-ownership: obligations
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Legal framework for noise in co-ownership
In Belgium, noise nuisances in co-ownership are governed by several levels of regulation.
Sources of law
| Source | Scope |
|---|---|
| Civil Code (art. 3.101) | Abnormal neighbourhood disturbances |
| Co-ownership regulations | Hours, rules of use |
| Municipal regulation | Nocturnal disturbance, fines |
| Lease | Obligation of peaceful enjoyment |
Types of nuisances
- Behavioural noise: music, parties, arguments, furniture dragging
- Activity noise: works, appliances, musical instruments
- Animal noise: repeated barking (see our guide on pets in co-ownership)
- Structural noise: poor sound insulation
For the general framework, see our guide on co-ownership and renting.
Landlord’s obligations
Towards the tenant
The landlord guarantees peaceful enjoyment of the rented property. If the tenant suffers nuisances from other units, the landlord must:
- Report the issue to the building manager
- Ask the building manager to intervene
- If necessary, support the tenant in legal proceedings
Towards the co-ownership
If the tenant is causing the nuisances, the landlord must:
- Be informed by the building manager
- Intervene with the tenant (written reminder)
- If nuisances persist, send a formal notice
- As a last resort, initiate lease termination proceedings
| Situation | Landlord’s responsibility |
|---|---|
| Noisy tenant | Intervene and stop the disturbance |
| Noisy neighbour | Report to the building manager |
| Insulation defect | Repair (owner’s charge) |
| Noisy works voted at GA | Inform the tenant |
Available remedies
For the tenant suffering nuisances
- Dialogue: speak to the neighbour or ask the landlord to intervene
- Building manager: report in writing via the landlord
- Police: in case of nocturnal disturbance (municipal report)
- Mediation: via an accredited mediator
- Justice of the peace: action for cessation of disturbance
For the landlord facing a noisy tenant
- Verbal reminder
- Written reminder by registered letter
- Formal notice
- Application to the justice of the peace for lease termination
Proving nuisances
To take legal action, evidence is needed: bailiff’s reports, written testimonies from neighbours, police reports, nuisance log with dates and times. Keep all written records.
Prevention of nuisances
In the lease
- Include the co-ownership noise rules in the lease
- Annex the noise hours to the contract
- Include a termination clause for repeated nuisances
In the co-ownership
- Ensure the regulations provide clear hours
- Ask the building manager to display rules in common areas
- Invest in sound insulation if the building is old
Centralise your exchanges and correspondence with a rental management software.