Quiet hours in Estonia: when do they apply and what can you do about a noisy neighbour?

It is half past ten at night and music is coming through the wall from next door. Is your neighbour breaching quiet hours? “Quiet hours start at 11 p.m.” and “you can’t do renovation work on the weekend” are two common beliefs that the law does not actually support. Under the Law Enforcement Act (KorS), quiet hours generally start as early as 10 p.m., and different rules apply to renovation work. In this article, we explain when quiet hours apply, what counts as a breach and what to do about a noisy neighbour.

When do quiet hours apply?

The common belief that quiet hours start at 11 p.m. probably stems from earlier local regulations. For example, Tallinn’s 2005 Public Order Regulation prohibited disturbing the peace at night from 11 p.m. to 7 a.m. Today, however, the applicable quiet hours are laid down in the Law Enforcement Act, so these are the ones to follow.

The rules on quiet hours are set out in § 56 of the Law Enforcement Act. At home, for example in an apartment or a house, you may not cause continually or repeatedly noise or light effects that significantly disturb others during the following hours:

1. from 10 p.m. to 6 a.m.;
2. on nights before a rest day (Friday night into Saturday and Saturday night into Sunday), from 12 a.m. to 7 a.m.

In a public place, such as a street or a park, causing significantly disturbing noise or light effects is prohibited at any time of day.

It is also important to know that the prohibition does not apply to noise and light effects caused:

1. by rescue operations and emergency vehicles;
2. on the night into 1 January, 25 February or 24 June (New Year’s Eve, the night after Independence Day and Midsummer Night);
3. under a permit issued by the local authority.

This means that a concert in your neighbourhood on a working day may be allowed after 10 p.m. if the local authority has issued a permit for it.

What counts as a breach of quiet hours?

Quiet hours do not automatically mean complete silence. A breach occurs when the noise is continuous or repeated and significantly disturbs another person.

Disturbance is assessed not from the point of view of the most sensitive neighbour, but from that of an average, objective person. A single instance of furniture being dragged, a door banging or a dog barking once is therefore generally not a breach of quiet hours. On the other hand, music lasting for hours, a constantly barking dog or the bass of a home cinema system may be. The courts have also found a breach of quiet hours where prolonged stomping and loud talking could be heard by the neighbours.

What to do if your neighbour breaches quiet hours?

If your neighbour’s party has been going on for hours, it is tempting to call the police straight away. However, we recommend starting with a gentler approach:

1. Talk to your neighbour. Many people do not realise how clearly the sound they make carries to others. A calm conversation often solves the problem and will later show that you tried to resolve the matter yourself.
2. Inform the apartment association or the landlord. An apartment owner is also responsible for the behaviour of their family members, tenants and other users of the apartment (§ 31(4) of the Apartment Ownership and Apartment Associations Act (KrtS)). A formal approach by the apartment association may also have more effect on the person causing the disturbance.
3. Inform the police. If quiet hours have started, the noise continues and talking to your neighbour has not helped, report the situation to the police.

A breach of quiet hours is a misdemeanour punishable by a fine or detention under § 262(1) of the Penal Code. In paragraph 8.2 of its judgment in case no. 4-16-6493, the Supreme Court explained that a breach of quiet hours in an apartment can also be punished, because its effects extend to other people and therefore to public order.

Can you do renovation work at the weekend?

A common belief is that renovation work is prohibited at weekends, because that is when people want to rest at home after the working week. However, the quiet hours rule in the Law Enforcement Act applies in residential premises only during the hours set out above. Nor does the law impose a general nationwide ban on renovation work at weekends.

This does not mean, however, that renovation work can therefore cause unlimited noise. In an apartment building, you may not disturb your neighbours more than is inevitably associated with normal living (KrtS § 31(1)(1)). At the same time, neighbours must tolerate ordinary household noise.

Renovation is part of the normal use of an apartment, but it must be reasonable. In the author’s view, a couple of weeks of renovation work during the day is generally tolerable. However, hours of loud noise every weekend or late in the evening may no longer be.

Practical tip: before starting renovation work, check the apartment association’s articles of association and house rules, which may set out agreed times for renovation work. It is also a good idea to tell your neighbours about the renovation in advance and, where possible, to do the noisiest work during normal working hours, when the fewest people are at home.

If the breaches continue

If your neighbour repeatedly breaches quiet hours and calling the police has not helped, you can also use civil law remedies.

1. Demand to end the breach. A neighbour does not have to tolerate noise that exceeds the limits of normal use of an apartment. An apartment owner may demand that an apartment be used in accordance with the law, agreements and the articles of association of the apartment association. The apartment association can also make the same demand (KrtS § 30(2) and (4)). So be sure to inform your apartment association, which also has resources and options for dealing with the problem.
2. Demand to sell the apartment. If an apartment owner has repeatedly breached their obligations or significantly disturbs the use of other apartments, the other apartment owners may, under certain conditions, demand by majority vote that the offending owner transfer (sell) their apartment (KrtS § 32(1)). If the owner does not transfer the apartment within three months, the court will decide on the transfer (KrtS § 33(1)). This is an exceptional, last-resort remedy, but the law nevertheless provides for it.

It is important to gather as much evidence as possible so that the breaches are easier to prove later. Among other things, we recommend collecting and keeping the following:

1. a noise diary – date, time, duration and nature of the noise;
2. audio recordings to show the duration and nature of the noise;
3. statements from other neighbours, correspondence on the apartment association’s mailing list, messages exchanged with the person causing the noise;
4. information about police call-outs.

In summary

In Estonia, quiet hours generally apply from 10 p.m. to 6 a.m., and from 12 a.m. to 7 a.m. on nights before a rest day. A breach means continuous or repeated noise that significantly disturbs others. Renovation work is generally allowed during the day and at weekends, but it too has reasonable limits. If a neighbour shows no consideration for others and the breaches continue, the options range from involving the police to bringing civil claims.

If your dispute with a neighbour has reached the point where simply talking it through is no longer enough, contact us – we can help assess your situation and your options.