Neighbour relations: When do noise or smoke cross the line of the law?

When resolving neighbour disputes, it is essential to know that § 127 of the Slovak Civil Code applies primarily to indirect nuisances. The legislature defines two independent conditions under which an owner is obliged to refrain from their conduct:

• Disturbance beyond a level appropriate to local conditions: This criterion is dynamic and depends on the locality. It is obvious that in a city centre next to a main road the "level" is set quite differently than in a quiet cottage area. In assessing whether the neighbour's conduct exceeds the level appropriate to local conditions, you must consider the following:

1. Intensity: How much does the activity actually restrict your use of your property?

2. The time dimension: Is it a one-off occurrence, or a repeated or continuous state of affairs?

3. The locality: Is the conduct usual in the area, or entirely alien to it?

• Serious jeopardy to the exercise of rights: This is the stricter criterion. It is not enough that something disturbs you. The neighbour's activity must genuinely jeopardise the exercise of your ownership rights.

Noise and vibrations: When are you entitled to protection?

We perceive noise and vibrations subjectively, but the law assesses them objectively. The key to success is not merely the feeling that "this bothers me", but the ability to prove that the intensity, frequency and duration of the disturbance exceed the level appropriate to the conditions of the locality, or that they seriously jeopardise the exercise of your rights. That is the basic test the courts apply.

• Why does the Public Health Authority (ÚVZ) often not help? The ÚVZ is set up to supervise companies and business premises. If you are being disturbed by a neighbour – a private individual who, for example, spends the whole weekend sawing wood or playing music – the authority has no power to sanction them. In that case you must proceed by a different route.
• What can you do? The first and often effective step is to contact the municipality, which can provide you with preliminary protection under § 5 of the Slovak Civil Code. The municipality's intervention does not replace a court decision. If the disturbance persists and restricts your use of the property, the principal instrument is judicial protection under § 127 of the Slovak Civil Code. It allows you to demand that the neighbour refrain from conduct that disturbs you beyond a level appropriate to local conditions.
• The myth of "permitted limits": Many people believe that if the neighbour has not exceeded the tabulated decibel values, you have no chance. Decibel limits are used mainly for business premises. In neighbour disputes the court assesses the overall context – timing, duration, repetition, the character of the noise and the environment. Even children romping about, playing a musical instrument, loud radio and television, a barking dog or housework (e.g. the noise of a sewing machine) can amount to an interference beyond the level appropriate to local conditions, even though technically they do not meet the definition of "noise" under hygiene regulations.
• Do not forget vibrations: We often overlook them because we cannot hear them, only feel them. Vibrations from demolition hammers or heavy machinery that travel into your walls are legally protected in the same way as noise. If your walls are cracking or you can feel the floor oscillating, that is an interference with your ownership right which you do not have to endure.

Dust, smoke and odours: When are you entitled to protection?

Dust, smoke, fly ash, vapours and odours likewise count among the nuisances governed by § 127 of the Slovak Civil Code. In assessing them, what is decisive is intensity, duration and repetition – not the mere existence of an odour or smoke.

• Sources of pollution. In practice we distinguish stationary sources (households, business premises, industry) and mobile sources (motor vehicles). Households as "small sources of pollution" are a frequent source of disputes – especially when unsuitable fuel, wet grass, plastics or waste are burnt, causing smoke, soot and a strong odour.
• What can be the subject of a dispute. Cases resolved by the courts do not concern smoke alone. They also include:

The court always examines whether these nuisances exceed the level appropriate to the conditions of the particular environment.

• The limits of local government. Municipalities sometimes try to regulate the keeping of animals or odour nuisances through generally binding regulations (VZN). The Constitutional Court has, however, repeatedly held that a municipality may not restrict the right of ownership beyond the powers conferred on it by statute. If a VZN interferes with owners' rights more than the law allows, it is unconstitutional.
• The right to judicial protection. Compliance with veterinary or hygiene regulations does not mean that a neighbour cannot be disturbed. If odours, smoke or dust exceed the level appropriate to local conditions, you are entitled to seek protection in court.

Conclusion

The goal is not litigation, but restoring a state in which the property again serves its purpose. We often find that clients perceive the problem emotionally, but a successful solution requires technical and legal analysis. Most neighbour disputes that end up in court are the result of conflicts accumulating over a long period.

Our approach is pragmatic:

• Professional assessment: If you are not sure whether your neighbour's conduct is unlawful, have the situation assessed early.
• Evidence: The burden of proof rests on the claimant. If you believe the disturbance genuinely exceeds the level appropriate to local conditions, it is essential to keep records (e.g. photographic documentation, videos, witness statements, and where appropriate expert measurements).
• Mediation and agreement: Court is the last resort. Often a formal legal notice is enough to steer the neighbour towards a remedy without the need for an action. An out-of-court resolution is frequently far more effective in these cases. Once a dispute reaches the stage of a court judgment, any enforcement tends in practice to be ineffective, extremely complicated and difficult to carry through. Genuine neighbourly peace is therefore far more easily achieved by agreement than by an enforcement order.

Legal services:

Do you feel that your rights as an owner are being persistently infringed, or are you conversely concerned that your own activity may be perceived as a nuisance? Contact us early.

A professional assessment of the situation will help you choose the right course of action and avoid an escalation that could end in an expensive and protracted court case.