Is it possible to remove a noisy air conditioner belonging to a neighbor or a neighboring office?
In the modern world, in which life is concentrated within the boundaries of large a7> cities in residential cooperatives, it turns out that often it happens that a14> a problem arises with noisy air conditioning of neighbors. Most people believe that there is nothing that can be done to find a solution to find a solution to this a29> problem solution and stoically endure the damage from excessive noise a36> even and when it disturbs their peaceful sleep.
Bulgarian legislation, however, not only defines acceptable levels of noise, but also regulates the legal order under which electrical appliances emitting noise above the permissible levels, may be removed by.
Permissible noise levels from air conditioning
According to legislation, the permissible levels of penetrating noise in premises of residential buildings are determined according to the time of day during which the noise is generated. Thus, within the framework of the day, penetrating noise in premises of residential buildings shall not a25> shall exceed 35 Leq dB(A). The same applies to noise in the evening. Penetrating noise during the night shall not a40> should exceed 30 L
The logical question arises as to when the law considers it to be day, when evening, and when night. The law does not provide an answer to this question, but it can be assumed that the daytime period is considered to be from 8:00 a.m. to 7:00 p.m., the evening period from 7:00 p.m. to 10:00 p.m., and the nighttime period from 10:00 p.m. to 8:00 a.m.
The question arises: what does the term “penetrating noise” mean? It is noise generated by sources located outside the room into which it penetrates.
Reasons for removing a noisy air conditioner
As is well known, according to Bulgarian law, property is inviolable and, in principle, every person may take whatever action they deem appropriate when it comes to their own property. This includes the freedom to choose to install an air conditioner wherever is convenient for them, without, in principle, other persons having the right to interfere with their property.
This is the rule, but exceptions are allowed. Thus, if the free exercise of property rights creates obstacles for others that are greater than usual, those affected have a legal remedy. This also applies to cases where a noisy air conditioner in a neighbor’s home or office interferes with normal living in the room where the noise penetrates, including normal sleep at night.
Thus, it appears that the main reason for removing a noisy air conditioner is when the noise it produces exceeds the legally established levels and prevents the normal use of the room in which the noise penetrates.
Example
A neighbor has installed an air conditioner in close proximity to the bedroom window of an adjacent apartment, and the noise from the constant stopping and restarting of the outdoor unit creates such noise that prevents the occupants from sleeping peacefully. In this case, the neighbor may be ordered to remove the noisy air conditioner at his own expense.
IMPORTANT! It should be noted that regardless of whether it concerns the removal of a noisy air conditioner or any other noisy electrical appliance (e.g., the external unit of a refrigerated display case), the legal provisions are entirely identical – as long as it causes inconvenience to others that is greater than normal, the owner is obliged to remove it at their own expense. And if they are unwilling to do so voluntarily, they can be compelled by the court through a court order requiring them to remove the noisy air conditioner or other appliance causing excessive noise.
What is the procedure for removing a noisy air conditioner?
The procedure for removing a noisy air conditioner is the same as for any other problem requiring protection of property from unlawful interference, namely through a lawsuit filed in court. In such a case, the court must determine whether the noise levels penetrating the premises of the affected person exceed the limits set by law and, if so, whether this causes excessive inconvenience to the user of the premises. The inconvenience caused shall be proven by all means of evidence provided for by law, including witness testimony.
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You can find more interesting topics related to the protection of the rights and interests of owners of movable and immovable property in the section “Property Law”.
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