Most of Romania’s population lives in blocks of flats, sharing common spaces with other tenants, without being able to fully protect themselves from noises and smells even in the few tens of square meters of their own home. For over 30 years, the law has clearly defined the rights and obligations of apartment owners or tenants.
Specifically, it is about Law no. 61/1991, republished, the normative act from Romania that sanctions the violation of the norms of social coexistence with fines or contraventional imprisonment. Sanctions can be applied by mayors or policemen, and the violator can be fined and, in case of non-payment, can be turned into a misdemeanor prison, according to the law.
What does the law say?
The incriminated acts are those of violating public order and peace, aimed at ensuring a climate of order by sanctioning indecent, noisy behaviors, disturbing the peace of tenants, repeated calls for mercy by a person fit for work, consumption of alcoholic beverages in public places, etc.
This document incriminates:
- Disturbing the peace of tenants between 10:00 p.m. and 8:00 a.m. and 1:00 p.m. and 2:00 p.m. through noise, clamor or the use of a device, object or musical instrument;
- The organization of private parties where musical equipment is used at an intensity that disturbs the tranquility of the tenants in the houses or blocks nearby;
- The continuous disturbance of the tranquility of the inhabitants through noises, shouts, noise.
On the other hand, Law no. 196/2018 on owners’ associations provides for the establishment of the block regulation. This document allows owners’ associations to establish quiet hours other than those provided for by Law no. 61/1991 updated.
The possibility to extend the quiet and rest periods can only be taken after the general meeting, in which the owner members of the association participate.
How public order disturbance is sanctioned
Failure to observe the quiet hours entails a fine of between 500 and 1,500 lei. In addition, if the action is repeated within 24 hours of the first finding, the fine increases to 2,000-3,000 lei, from case to case, or it is sanctioned with 70-120 hours of community service.
In addition to the quiet schedule, it is also specified the sanctioning of noise related to the disturbance of public peace with devices, objects or by shouts or noise. This is where the neighbors come in who constantly make noise for no particular reason, such as renovations. Thus, the authorities can issue fines to those who make noise outside of quiet hours (abuse of drills, loud speakers or others). In this case, the fine is between 200 and 1,000 lei.
Also, if there is a store on the ground floor that wants to operate and make noise before 08:00, it is necessary to obtain the consent of all neighbors. Otherwise, you can file a complaint with the town hall or the police.
What can you do if you have a noisy neighbor?
There are many types of noise a neighbor can make, from renovation work to the use of appliances or musical instruments. Here are the steps you can take if you have a noisy neighbor:
- Try to solve the problem amicably – talk to the neighbor. He may not realize that he is making noise and disturbing the roommates. Often a simple discussion in a respectful tone can be enough to resolve the issue;
- Contact your administrator or homeowner’s association – let them know about the problem and ask the administrator to intervene. You can even talk to other neighbors because you are often not the only one bothered by the noise;
- Notify the authorities – you can file a report at the town hall or go to the police. Before you do that, gather evidence. You can audio or video record your neighbor and present the evidence to the authorities.
What penalties do noisy neighbors face?
According to Law no. 61/1991, noisy neighbors can receive fines between 200 and 1,500 lei for disturbing public peace. If the noise is caused by commercial activities (eg a bar), the authorities may suspend the activity temporarily. Repetition of this behavior will lead to the application of higher fines.
The court can order, among other things, the cessation of the noise-provoking activity, oblige the guilty party to pay moral and material damages, as well as oblige the guilty neighbor to pay court costs.
Failure to comply with the measures imposed by the court opens up the possibility for the damaged neighbor to address a bailiff and request the application of some penalties by the enforcement court.
