How to deal with a noise problem

There are steps you can take to reduce or eliminate noise. Some common examples are:

• running a white noise machine
• wearing noise cancelling earphones or earbuds
• closing your windows or opening a different window that is further away from the source of noise

If none of the above work for you to reduce or eliminate the noise, you may consider taking the following steps.

A nuisance is a substantial, unreasonable interference with your enjoyment of your property. However, not every noise is a nuisance.

Whether a noise is a nuisance depends on:

• what’s causing it
• where it’s coming from
• how severe it is
• how long it lasts
• how often it happens
• the character of the neighbourhood or property
• how it affects you

For something to be a nuisance, you must be able to show it was a substantial and unreasonable interference with your enjoyment of your property.

Some level of noise may be expected depending on where you live and the nature of your neighbourhood or housing situation. For example, you can expect to hear more noise if you live near an airport or busy highway.

Other laws or rules about noise may also apply to you. If you are a tenant, check your lease. If you live in a condominium, check your condominium bylaws. Your municipality may also have local bylaws dealing with noise disturbances including:

• noise types
• acceptable noise levels (in decibels) for different noise types
• allowable noise levels during certain times of the day
• exemptions from noise bylaws

If your municipal bylaws cover noises, you may be able to make a complaint to your municipality. Peace officers may be able to find the person causing the noise. So check your local bylaws by contacting your municipality or visiting their website.

Your neighbour might not even know a noise is bothering you! Having a simple conversation with your neighbour is a great way to set boundaries and try to resolve the situation.

Firstly, it’s a good idea to plan what you want to say and how you want to say it. For example, you should think about and write down:

• what the problem is
• any specific incidents, including the dates
• why the problem is bothering you
• common interests you share with your neighbour
• your neighbour’s perspective and how they might respond
• your proposed solution

Gather anything that supports your position in one place, such as:

• the date and time the noise occurs
• the type of noise that is bothering you
• any audio or video evidence of the noise
• any lease terms, condominium bylaws or municipal bylaws about noise

In private, you can then rehearse what you want to say to your neighbour.

Here’s a template you can follow for the conversation:

• Firstly, respectfully and calmly explain what the problem is.
  “I’ve noticed that every Friday night there is loud music coming from your unit.”
• Then, explain exactly why the problem is bothering you, without being confrontational or making accusations.
  “My household has trouble sleeping when that happens.”
• Outline common interests you and your neighbour have. Your neighbour may be more likely to respond positively if they feel you are working towards the same goals.
  “We both value our peace and ability to enjoy our homes as safe spaces. Anger or conflict won’t help us reach that goal.”
• Suggest one or more potential solutions.
  “Can you please turn your music down on Friday nights or stop the music after 9 p.m.?”
• Finally, be open to considering and adapting your solutions with your neighbour’s input.
  “If 9 p.m. is a stretch, I will run a white noise machine in my home if you can agree to stop playing loud music at 10 p.m. at the latest.”   

After the conversation, make notes of what you and your neighbour said. Plus, the date and time you spoke and the outcome.

Sometimes, you may not be able to come to a solution that works for you and your neighbour. Or, you may feel more comfortable raising your concerns in writing. If you can’t agree to a solution or haven’t been able to talk to your neighbour, you should consider documenting the issue in writing. You can also send a letter or e-mail to your neighbour.

Below is a template to complain about a noise problem. To use it, copy the text into a typable document and insert your words in place of the prompt words in the square brackets. You can change the template wording to suit your situation.

[Neighbour’s name]

[Neighbour’s address]

Dear [Neighbour],

My name is [name] and I live at [address]. I am writing to let you know that noise from your property has been bothering me. I hope we can work together to find a solution.

First, here is my concern. [Outline what the noise is and why it is bothering you. Reference specific events. But remember, try to explain without being confrontational or making accusations. For example: I’ve noticed that every Friday night you play loud music until late at night. I can hear it from my unit.]

This might be a violation or breach of [local noise bylaw, condominium bylaw or lease term you think your neighbour might be violating].

I don’t want to come across as confrontational. [Identify some common interests you and your neighbour have. For example: We both value our peace and ability to enjoy our homes as safe spaces. Anger or conflict won’t help us reach that goal.]

I think the following solution will work for both of us. [Propose a solution that will solve your problem but that you believe your neighbour might accept, such as: Would you be willing to stop playing your music by 10 p.m. on Fridays?]

I’m open to talking more about this so that we can come up with a solution that works for both of us.

Thank you for reading this. I appreciate your time. You can reach me further at [your contact information].

[Your signature]
[Your name]

Below is a template to complain about a noise problem anonymously if you don’t want your neighbour to know who you are. To use it, copy the text into a typable document and insert your words in place of the prompt words in the square brackets. You can change the template wording to suit your situation.

[Neighbour’s name]

[Neighbour’s address]

Dear [Neighbour],

I live nearby and I am writing to let you know that noise from your property has been bothering me. I hope we can work together to find a solution.

First, here is my concern. [Outline exactly what the noise is and why it is bothering you. Reference specific events. But remember, try your best to explain without being confrontational or making accusations. For example: I’ve noticed that every Friday night you play loud music until late at night. I can hear it from my unit.]

This might be a violation or breach of [local noise bylaw, condominium bylaw or lease term you think your neighbour might be violating].

I don’t want to come across as confrontational. [Identify some common interests you and your neighbour have. For example: We both value our peace and ability to enjoy our homes as safe spaces. Anger or conflict won’t help us reach that goal.]

I think the following solution will work for both of us. [Propose a solution that will solve your problem but that you believe your neighbour will be willing to accept, such as: Would you be willing to stop playing your music by 10 p.m. on Fridays?]

Thank you for reading this. I appreciate your time.

If you have already notified your neighbour about a noise problem and haven’t been able to resolve it, here are some further actions you can take:

• Contact your local municipality. If your neighbour is breaking a local bylaw about noise, you can file a complaint with the municipality. Contact your municipality directly for more information. You should also check if your municipality has an online complaint form.
• Consider alternative dispute resolution. For example, mediation is a process where a neutral third party hears both person’s positions and attempts to devise a solution that each person can accept. Mediation is usually cheaper and quicker than formal legal action.
• Know your legal rights and responsibilities, as well as options for taking legal action. Review information about nuisance laws and know where to get legal help. Refer to the Who can help section below.
• Consider legal action. You should speak to a lawyer to determine what legal actions you could take. However, consider carefully if formal legal action is the right option. Legal action can often be expensive and stressful, and there is no guarantee you will get the desired result.

Under tenancy laws, tenants also have the right to peaceful enjoyment of the property. This may include not being exposed to noise that substantially and unreasonably interferes with your right to peaceful enjoyment of the property.

To resolve the issue, firstly try following the steps above. You should also check whether your lease addresses noise issues. You can also raise the issue with your landlord or property manager to resolve the problem.

To resolve the issue, firstly try following the steps above. Your condominium bylaws may also have additional rules about noise issues. Check the bylaws then to see if they address your situation. You can also raise the issue with the condominium board or property manager.

If you are a condominium owner and want to learn more, refer to our Dispute Resolution for Owners page.

Excessive noise, such as screaming, shouting or swearing, may be a criminal offence under Canada’s Criminal Code. Behaviour that escalates to harassment or threats may also be a criminal offence. So you can call the police to report your concerns. The police can then investigate the noise and take appropriate action.

If it sounds like someone is in danger, call 911. For children that may be at risk, you must report it to Child and Family Services by calling 1-800-638-0715.

Lastly, if you think an animal is in distress, refer to the Alberta SPCA’s website.  

Learn more from CPLEA about your legal rights.

Get information on where to get legal help in Alberta.