What legal steps can be taken for excessive noise complaints in Turkey?

It is everyone’s right to rest at home in the hustle and bustle of city life. But unfortunately, this is not always possible. Your neighbour’s loud conversations, children, listening to loud music late at night, vacuum cleaner, drill or renovation sounds that start in the middle of the night can prevent a few peaceful hours from being spent at home or a good night’s sleep. When talking and warning are not a solution, it is inevitable to resort to legal remedies to solve the problem. So which legal remedies can be applied against neighbour noise in Turkey? 

What Does Noise Mean in Legal Sense? 

Before examining the legal remedies to be applied due to noise, let us first examine what noise is and how noise is defined in Turkish legislation. In the Regulation on Environmental Noise Control, noise is defined under the name of environmental noise as undesirable sounds arising from industrial activities, transport vehicles, entertainment and recreation, construction and workplaces. However, it is also stated that noise from domestic activities, noise generated by neighbours, noise exposed to workers in workplaces, noise in transport vehicles and noise from military activities in military areas are not covered in this Regulation. The Regulation on the Assessment and Management of Environmental Noise numbered 27601, which was repealed by the aforementioned Regulation, included the definition of domestic noise and neighbour noise. According to the definition given here; noise generated by domestic activities and neighbours: It is defined by stating that it includes activities such as closing doors and windows, walking, talking, cleaning, moving furniture, watching television, listening to the radio, using all kinds of musical instruments, washing machines, refrigerators, vacuum cleaners, feeding pets, and modifications to be made in the building. 

Legal Rights Concerning Noise Disturbances

Civil Law Aspect of Noise Disturbance Law

Let us now look at the legal provisions of disturbing others by making noise in various areas of law. First of all, there are various articles in civil law that explicitly prohibit excessive neighbour noise. The first one that comes to mind is the article among the provisions of the Turkish Civil Code No. 4721 regulating the use of immovable property; 

“III. Neighbour’s Right 

1. Form of use

Article 737- Everyone, in exercising the powers arising from the ownership of immovable property and especially in carrying on business activities, is obliged to refrain from excesses which may adversely affect his neighbours.

In particular, it is forbidden to cause nuisance by emitting smoke, mist, soot, dust, dust, odour, noise or vibration exceeding the degree tolerable among neighbours according to the condition and nature of the immovable property and local custom.

Equalisation rights arising from local customary and unavoidable excesses are reserved.” With this article, it is expressly prohibited to cause disturbance to the neighbours during the use of the immovable property. 

Noise In Apartments Law

In addition, when the apartment neighbourhood is considered, Article 18 of the Condominium Law No. 634 should also be added here. 

“A) Obligations of Condominium Owners:

I – General rule:

Article 18 – The condominium owners are mutually obliged to comply with the rules of honesty, especially not to disturb each other, not to violate each other’s rights and to comply with the provisions of the management plan while using their independent sections, annexes and common areas.

The provisions of this law regarding the obligations of the condominium owners shall also apply to the tenants in the independent sections and to the owners of the right of residence or to those who benefit from these sections in any way; those who do not fulfil these obligations shall be jointly and severally liable together with the condominium owners.” With this regulation, unlike Article 737 of the Turkish Civil Code, not only the owner but also those who use the apartment within the framework of rent and other legal relations such as this, are obliged not to disturb their neighbours during use. 

Article 316 of the Turkish Code of Obligations shall be applied for those who live in the residing on rent. The provision of the said article is as follows. 

“II. Obligation to use with care and to respect neighbours

ARTICLE 316- The lessee is obliged to use the leased property diligently in accordance with the agreement and to show the necessary respect to the neighbours and the persons residing in the immovable property where the leased property is located.

In the event that the lessee violates this obligation, the lessor, in the case of residential and roofed workplace leases, shall give at least thirty days’ notice in writing to remedy the breach, otherwise the lessor shall terminate the agreement. In other lease relationships, the lessor may terminate the agreement immediately with a written notice without prior notice to the lessee.

In residential and roofed workplace leases, the lessor may terminate the contract immediately with a written notice in cases where the lessee intentionally causes serious damage to the leased property, it is understood that the period to be given to the lessee will be useless, or the lessee’s behaviour contrary to this obligation is unbearable for the lessor or the persons living in the same immovable or the neighbours.” With the provision, it is regulated that not showing the necessary respect to the neighbours while using the immovable property is a reason for termination. It should be noted here that contrary to Article 18 of the Condominium Law, the tenant who disturbs his neighbours is not liable to his neighbours, but only to the lessor. In this case, the neighbours who want the tenant to be removed due to noise should apply to the lessor and ask the lessor to take the necessary measures. 

To summarize, apartment dwellers, whether they are tenants or condominium owners, have an obligation not to disturb their neighbors and not to make excessive noise while using the property. The owner of the immovable property, on the other hand, has the obligation not to disturb the neighbors while using the immovable property, whether it is an apartment or other immovable property. However, the tenant of the immovable property, whether it is an apartment or other immovable property, has an obligation not to disturb the neighbors during use. However, since this obligation is within the scope of the lease relationship, it is not against the neighbors but against the lessor. Again, disturbing the neighbors in the use of the leased property is a reason for eviction. 

Administrative Law Aspect of Noise Disturbance Law

In the field of administrative law, disturbing others by making noise is a misdemeanor sanctioned with an administrative fine. Article 36 of the Misdemeanor Law No. 5326 is as follows. 

“Noise

Article 36 – (1) A person who causes noise in a way to disturb the peace and tranquility of others shall be imposed an administrative fine of fifty Turkish Liras.

(2) If this act is committed within the scope of the activity of a commercial enterprise, the real or legal person who owns the enterprise shall be imposed an administrative fine from one thousand Turkish Liras to five thousand Turkish Liras.

(3) The administrative fine for this misdemeanor shall be decided by law enforcement or municipal police officers.”

Accordingly, administrative fines for noise may be imposed by the police or by municipal officials. The amount of administrative fine to be applied for 2024 has been determined as 977TL.  In most cases, the police, who go to the door of the noise maker due to a noise complaint, are contented with warning the noise maker instead of imposing an administrative fine. In this case, calling the municipality is a more convenient option. 

Criminal Law Aspect of Noise Disturbance Law

There is also the criminal law aspect of noise disturbance. If the noise continues despite the administrative fine, the offense of disturbing the peace and tranquility of persons under Article 123 of the Turkish Penal Code may come to the agenda. The relevant Article 123 of the Turkish Penal Code is as follows. 

Disturbing the peace and tranquility of persons

Article 123- (1) In the event that a person is persistently telephoned, noisy or engaged in any other unlawful behavior for the sole purpose of disturbing his peace and tranquility, the perpetrator shall be sentenced to imprisonment from three months to one year upon the complaint of the victim.

What Is The Noise Ordinance In Residential Areas In Istanbul?

Istanbul enforces noise ordinances in residential areas to maintain peace and quiet for residents. These regulations categorize noise into three time-specific periods: daytime (7 A.M. – 7 P.M.), evening (7 P.M. – 11 P.M.), and nighttime (11 P.M. – 7 A.M.), each with varying permissible noise levels. Daytime allows higher noise due to daily activities, evening sees reduced noise tolerance, and nighttime has the strictest noise limits to ensure tranquility.

Local variations in these regulations and quiet hour regulations may exist due to specific administrative policies. These ordinances aim to balance the lively urban environment with the need for quiet residential spaces.

Conclusion

Addressing excessive noise disturbances in Turkey involves navigating a complex legal landscape. Both civil and criminal laws provide avenues for residents to protect their right to a peaceful home environment. From provisions in the Turkish Civil Code and the Condominium Law to specific regulations under the Misdemeanor and Penal Codes, there are multiple remedies available. Understanding these legal frameworks helps residents take effective action against noise disturbances, ensuring a balance between urban activity and residential tranquility.

How We Can Assist You

As Viridis Legal Partners, located in Istanbul, we specialize in providing comprehensive legal services to foreigners in Turkey and those seeking legal assistance from abroad. Our expertise includes handling noise complaints and related legal matters. We offer personalized advice on navigating the complex legal landscape, whether you are dealing with neighbor disputes, tenant issues, or need to understand your rights under Turkish law. Our dedicated team will assist you in filing complaints, representing you in negotiations, and ensuring that your legal rights are protected. 

Contact us today to schedule a consultation and let us help you find a peaceful resolution to your noise disturbance issues.

Frequently Asked Questions (FAQs)

1. What constitutes noise in a legal sense in Turkey?
   • Noise is defined as undesirable sounds arising from industrial activities, transport vehicles, entertainment, recreation, construction, and workplaces. Domestic and neighbor noise includes activities like cleaning, playing music, and using household appliances.
2. What civil law provisions address noise disturbances?
   • Articles in the Turkish Civil Code, such as Article 737, prohibit causing disturbances to neighbors through excessive noise, smoke, or other nuisances.
3. What obligations do condominium owners and tenants have regarding noise?
   • Article 18 of the Condominium Law and Article 316 of the Turkish Code of Obligations require both condominium owners and tenants to avoid disturbing their neighbors and to use the property respectfully.
4. Can tenants be evicted for causing excessive noise?
   • Yes, under Article 316 of the Turkish Code of Obligations, tenants can be given notice to remedy noise disturbances or face eviction.
5. What administrative fines can be imposed for noise disturbances?
   • Under Article 36 of the Misdemeanor Law, fines range from 50 TL for individuals to 1,000-5,000 TL for commercial enterprises causing noise disturbances.
6. Can persistent noise disturbances lead to criminal charges?
   • Yes, under Article 123 of the Turkish Penal Code, persistent noise disturbances can result in imprisonment from three months to one year upon the complaint of the victim.
7. What are the noise ordinance regulations in Istanbul?
   • Istanbul enforces specific noise ordinances categorizing noise levels into daytime, evening, and nighttime periods, with stricter limits during nighttime to ensure tranquility.
8. How can municipal officials help with noise complaints?
   • Municipal officials can impose administrative fines and take action against noise disturbances. They are often more effective than the police in enforcing noise regulations.
9. Can foreign residents file noise complaints in Turkey?
   • Yes, foreign residents have the same legal rights as Turkish citizens to file noise complaints and seek legal remedies.
10. What steps should be taken if a neighbor continues to cause noise disturbances despite warnings?
    • Legal steps include filing a formal complaint with municipal authorities, seeking administrative fines, and if necessary, pursuing criminal charges under Article 123 of the Turkish Penal Code.

Articles On Law