There is no single hour for every kind of noise. The regulations distinguish between day (06:00 to 22:00) and night for noise levels, and there are special rules, for example for garden equipment. At any hour, strong or unreasonable noise that disturbs a person nearby is prohibited.
Noise, Parking Congestion and Nuisances from a Neighbour: What Can Be Done
A neighbour is noisy at night, an air conditioner or compressor never stops, the building's parking has been full since the neighbour split the apartment? Not every disturbance is a cause of action, but unreasonable noise and a use that actually harms you can be stopped by an order.
In short: section 2 of the Abatement of Nuisances Law prohibits causing strong or unreasonable noise that disturbs a person nearby, and the Abatement of Nuisances (Unreasonable Noise) Regulations set levels for day and night. A person harmed by an environmental nuisance may ask the Magistrates' Court for an order to stop it (section 2 of the Prevention of Environmental Nuisances (Civil Claims) Law), and in parallel there is the cause of action in private nuisance (section 44 of the Torts Ordinance).
When is noise from a neighbour a cause of action?
When it is strong or unreasonable and disturbs you, or when it substantially interferes with the reasonable use of your apartment, having regard to its location and nature. The ordinary noise of life in a building is not a cause of action. Constant noise, night-time noise, or noise above the levels in the regulations is.
- Unreasonable noise under the regulations: measured in your living rooms under the prescribed conditions and compared with the permitted level by day (06:00 to 22:00) and by night (regulations 1, 2 and 5). A measurement by a certified noise surveyor is strong evidence.
- Private nuisance: even without a measurement, where the interference is substantial and continuing, having regard to the location and its nature. A nuisance that existed before you bought the apartment is no defence for the neighbour (section 46 of the Torts Ordinance).
- Noise that does not leave the private domain of the person causing it is outside the Abatement of Nuisances Law (section 17(a)).
Air conditioners, compressors, animals and garden equipment
There are express rules: an air conditioner or compressor may not be operated so as to cause strong noise disturbing a person in another dwelling, animals must be kept so as not to cause strong noise disturbing the neighbours, and noisy garden equipment is prohibited at certain hours.
- Air conditioner, compressor and similar devices: regulation 11 of the Abatement of Nuisances (Noise Prevention) Regulations.
- Animals: regulation 13.
- Garden equipment: prohibited in a residential area between 19:00 and 7:00, and on rest days also between 14:00 and 16:00; leaf blowers are prohibited in a residential area (regulation 13A).
A claim under the environmental nuisances law: 60 days in advance
Before a claim for an order under the environmental nuisances law, you must notify the neighbour and the authority of the intention to sue and wait 60 days. If no real steps were taken in that period to stop the nuisance, a claim can be filed in the Magistrates' Court.
This is set in section 5 of the Prevention of Environmental Nuisances (Civil Claims) Law. The court can order the act stopped, the wrong corrected and recurrence prevented (section 2), and negligence need not be proved (section 4). If the nuisance recurs within two years of the order, you can sue again without notice, and for compensation as well (section 9). In parallel you can sue in private nuisance, where compensation can also be claimed.
Parking in a condominium
Parking that has not been attached to an apartment is common property, and all owners may use it. Attaching a parking space to one apartment requires the consent of all owners, and a dispute over the use of the parking is heard by the Superintendent of Land Registration.
- Attaching part of the common property to an apartment: consent of all owners (section 62(a) of the Land Law, 5729-1969).
- Allocating use of the shared parking: under the bylaws and decisions of the general meeting.
- A dispute between owners over use: the Superintendent of Land Registration (section 72).
Between adjoining plots there is no common property, and the Superintendent does not hear the dispute. Blocking the entrance to a driveway or gate, or constant congestion of vehicles in a quiet street because of the neighbour's activity, are examined as a private nuisance in court.
An apartment split that caused congestion: parking, sewage and noise
When an apartment or house is split into units, more residents, cars and use of infrastructure that was not designed for them are added. The split itself requires a permit, and the congestion it creates can be a nuisance justifying an order prohibiting the use of the unit as a separate dwelling.
The law and the evidence are on the page A neighbour built without a permit or split an apartment, and the case we handled is in the article The neighbour split the house into housing units. There the parking problem was severe, and one of the tenants even opened a food business on the premises.
What have the courts ruled?
Noise nuisance can be proved without a measurement under the regulations, by testimony and other evidence. Strong noise that disturbs neighbours may be prohibited even when it does not exceed the levels in the regulations. The courts award compensation for the suffering itself, even without financial loss.
Civil Case 1851-03-10 Karina v. Ohanona
Safed Magistrates' Court, 6.12.2015
A neighbour repeatedly played loud music. The court held that noise nuisance can be proved without a measurement under the regulations, and relied on testimony, including that of a police officer who came after a complaint. The defendant was ordered to pay NIS 25,000 in compensation for the noise nuisance.
Civil Case 2245/03 Schwartz v. Mansour
Herzliya Magistrates' Court, 15.1.2007
A neighbour's air conditioner caused noise for almost five years. The court held that a breach of the Abatement of Nuisances Law is a private nuisance (section 13), and that the regulations prohibit operating an air conditioner that causes strong noise disturbing neighbours, even without exceeding set levels. It awarded NIS 12,000 for the suffering and lack of sleep. In the same proceeding it held that the neighbours may not prevent the plaintiff from using the common yard they had fenced.
The rulings are examples of how the courts examine such cases. Every case turns on its own facts and evidence, and an earlier ruling is no promise of the outcome in another case. Clicking a ruling opens its full Hebrew text in a new window.
How we work
We document, measure where noise is involved, send a demand letter and a 60-day notice where needed, and file a claim in court or with the Superintendent.
- Documentation and measurement. A noise log, dated and timed recordings, and a measurement by a certified noise surveyor.
- Demand letter and notice. A letter to the neighbour, and a 60-day notice to the neighbour and the authority when using the environmental nuisances route.
- Proceedings. A claim for an order and compensation in court, or a claim under the bylaws before the Superintendent.
- Enforcement. Monitoring compliance with the order, and a renewed claim if the nuisance recurs.
What should you bring to the meeting?
A noise log and recordings, a measurement if one was made, photos of the parking, the land registry extract and the bylaws, and all complaints you have made.
- An incident log: date, time, duration and what was heard.
- Dated recordings and photos.
- A noise measurement by a certified surveyor, if one was made.
- The land registry extract, the condominium order and the bylaws, in a parking dispute.
- Letters and complaints to the neighbour, the house committee and the municipality.
Timing and cost
Timing: the first conversation gives an initial assessment. If the documentation is sent in advance, the assessment is better founded. A demand letter and an attempt to settle usually take weeks. A claim takes longer, and an application for an interim order is heard faster when the harm is urgent.
Cost: the fee is set in a written fee agreement after the case has been reviewed. Court fees, expert reports (engineer, noise surveyor, appraiser) and other expenses are paid separately.
Which route fits?
Against a neighbour on an adjoining plot: the court, in a nuisance claim or under the environmental nuisances law. In a condominium, a dispute over parking and the common property: the Superintendent. Sometimes the routes are combined, for example a nuisance claim that also seeks compensation.
| Route | Suitable for | What you can obtain |
|---|---|---|
| Nuisance claim | Substantial interference with the use of property, also from a neighbour on an adjoining plot | A prohibitory or mandatory injunction, and compensation where damage is proved |
| Environmental nuisances law | Noise or smell amounting to an environmental nuisance | An order to stop, correct and prevent recurrence; compensation for a recurring nuisance |
| Superintendent of Land Registration | In a condominium only: parking and use of the common property, the building's bylaws | A decision under the bylaws |
Our representation is in the civil proceedings: in court and before the Superintendent of Land Registration. We do not represent clients in objections to plans or permit applications before the planning committees.
Questions and answers
At what hours is noise prohibited?
Do I need a noise measurement to sue?
Not always, but it is strong evidence. In a nuisance claim, substantial interference can also be proved by testimony and recordings. In a claim based on the levels in the regulations, the measurement is the basis.
The neighbour says the noise was there before we bought. Is that a defence?
No. In a private nuisance claim it is no defence merely that the nuisance existed before the claimant acquired the property (section 46 of the Torts Ordinance).
Who decides on the parking spaces in the building?
Parking that has not been attached is common property. Its use is set by the bylaws and decisions of the general meeting, and attaching it to one apartment requires the consent of all owners. A dispute is heard by the Superintendent of Land Registration.
Need a lawyer or a notary?
A short initial consultation call, to understand whether and how we can help.
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