How Do You Handle Residential Noise Complaints in Hong Kong?

Residential noise, from the sound of renovations above and below to the barking of pets, often becomes a flashpoint for neighborhood disputes. The "Noise Control Ordinance" has clear regulations on such noises, aimed at protecting the quality of life for Hong Kong citizens. This article will delve into the legal control of residential noise, avenues for complaint, and common misconceptions among the public.

Noise Control in Residences Under the "Noise Control Ordinance"

Hong Kong's "Noise Control Ordinance" (Cap. 400) aims to limit noise pollution in residential areas, including construction noise, industrial noise, commercial noise, and noise in public places. The specific definitions of noise are as follows:

• Construction Noise: The ordinance restricts noise generated by construction works during specific periods and requires construction projects to apply for a noise control permit.
• Industrial Noise: For noise generated by industrial operations, the ordinance sets limits and requires related enterprises to take measures to reduce noise pollution.
• Commercial Noise: Including noise from restaurants, entertainment venues, and other commercial facilities, the ordinance requires these places to control their noise levels so as not to disturb the surrounding environment.
• Public Place Noise: The ordinance also regulates noise issues in public places (such as streets, parks, etc.), prohibiting unauthorized public performances or other activities that may generate excessive noise.

How is Noise Managed in Hong Kong?

In Hong Kong, noise issues are managed through the "Noise Control Ordinance," which sets some important rules:

Noise at Specific Times

From 11 pm to 7 am the following day, and at any time on public holidays, making noise at home, whether it be talking, footsteps, or any form of sound, according to Article 4 "Noise Control Ordinance," can constitute a crime.

Even if it is the loud noise from children at home, parents can also be held responsible. Once complained, one may face a fine of up to HKD$10,000.

Specific Types of Noise

Furthermore, the "Noise Control Ordinance" specifically points out some noise sources, making these noises at any time is not allowed: the sound of pets, television and music equipment, family gatherings, noise generated during business operations, and the operation noise of air conditioners and ventilation systems.

Whether day or night, as long as these noises affect others, according to Article 5 of the "Noise Control Ordinance," it can be considered illegal, also with a maximum fine of HKD$10,000.

Renovation Noise Control

General residential renovation work time and equipment have clear regulations:

• "Noise Control Ordinance" Article 6 "Construction Noise": Renovation work using powered equipment (such as demolishing walls, hammering rubble): 7 am to 7 pm, excluding Sundays and public holidays.
• "Noise Control Ordinance" Article 4 "Residential Noise": Renovation work using handheld powered equipment (such as drills): 7 am to 11 pm, excluding Sundays and public holidays.

Unless there is sufficient evidence and legal permission, such as a "Construction Noise Permit," any renovation activities conducted outside the legally permitted renovation time, if generating noise, will be considered illegal.

FAQ: Noise Control in Hong Kong

Can I renovate on Saturdays?

Renovations are allowed on Saturdays as long as they are within the time frame from 7 am to 7 pm, and renovations using handheld powered equipment can be extended to 11 pm. However, if the property management or building deed (DMC) has additional regulations, owners or tenants must also comply.

Can I renovate on Sundays?

According to the "Noise Control Ordinance," renovations are not allowed in residences on Sundays and public holidays, and violators may be subject to a fine of HKD$10,000.

Can I complain about noise from vehicles?

According to the "Noise Control Ordinance," trams, MTR trains, and any other vehicles operating in public places have been exempted and cannot be complained about.

Can I only complain about pets barking at night?

Pet noise is not limited by time. Barking pets at any time, if causing disturbance to others, can be complained about. Additionally, building deeds should be noted; if pets are not allowed in the building, then residents violating the deed, the owners' corporation or management company has the right to request the resident to remove the pet from the premises.

How many decibels is considered noise?

The "Noise Control Ordinance" does not specify how many decibels constitute noise but regulates it based on whether it constitutes "annoyance."

For reference, the volume of everyday conversation is about 65 decibels (dB), while the noise from operating vehicles ranges between 85 and 90 decibels. Generally, a sound environment of 70 decibels may constitute "annoyance." Prolonged exposure to noise above 85 decibels can even endanger hearing health.

How to Deal With Residential Noise?

• Resolve it yourself: First, try to resolve the issue directly with neighbors.
• Seek assistance from the management: If direct communication is ineffective, complain to the property management company or the owners' corporation.
• Public housing residents can complain to the Housing Department: According to the "Estate Management Demerit Points System," advisories or penalties are given to disturbing residents.

When the noise issue is severe enough to affect the quality of life and negotiations have repeatedly failed, consider calling the police to intervene.

By understanding and complying with the "Noise Control Ordinance," we can better protect our quality of life while respecting the residential rights of others. When facing residential noise issues, using legal avenues and community resources is an effective way to resolve disputes and protect individual rights.

If you still have questions about noise, feel free to contact LetsGetHome, where our professional agents will dedicate themselves to handling your concerns. If you long for a tranquil living environment and have rental or listing needs, you can also contact us. LetsGetHome focuses on the Hong Kong rental market, offering pay-per-service agency services, allowing for reasonable service fees without the need to pay high commissions.