Construction nuisance at you (summer)home in Spain?
Are you finally on vacation and hoping to enjoy the sun, sea, peace and quiet, but it turns out construction has started on the plot next door. It´s going to be a nice holiday.
According to regulations, it is allowed to make noise in your own home from Monday to Friday from 8.00h to 21.00h. Although some Spanish municipalities have chosen to extend this to 22.00h or 23.00h, on weekends everyone is obliged to follow the same regulation: you are only allowed to make noise from 9.30h to 21.00h.
Within this timeframe it is allowed to make music, play instruments, carry out removals, do construction work and even organise parties, as long as the maximum decibel level is observed.
According to most municipal regulations for a residential area, the noise level from 8.00h to 22.00h should not exceed 35 decibels, while from 22.00 until 8.00h the limit is 30 decibels.
To have an idea the level of nuisance, here is a short overview of dB levels:
–Breathing: 10 decibels
–Ambient sounds, calm conversations: 30 decibels
–Light traffic, relaxed conversations: 50 decibels
–Heavy traffic, shouting, vacuuming: 70 decibels
–Factory machinery: 90 decibels
Permitted days and times for construction work
Municipalities can issue their own time schedules for construction work. In general, there is a time schedule from Monday to Friday from 8.00h to 21.00h. Nuisance that exceeds 90dB, a schedule from 9.00h to 14.00h usually applies. On public holidays and during the holiday period from 15 June to 15 September, different time schedules apply.
Infringement for non-compliance with noise regulations
Although these depend on the area in which each situation is reported, fines exist range from minor to serious and very serious when exceeding the established limits.
Minor breach € 750,- | serious breach: € 1.500,- | very serious breach: € 3.000,-
Consultation at the construction site cq. making a report
In case consultation with the contractor does not lead to reduction of the sound nuisance, you can call the police and/or file a written complaint with the municipality. They will then check whether a construction permit has been issued and they will check the amount of nuisance.
To submit the written complaint (instancia), you have to make an appointment at the municipality to submit your complaint in person.
If you have a Digital Certificate in Spain ´certificado digital´, you can submit this ´instancia´ online, avoiding queues and long waiting times.
If you do not have a certificado digital, OTIS Legal Group can take care of issuing it.