How to defend yourself against a noisy business operation?
QUESTION
How to defend yourself against a noisy business operation?
ANSWER:
What can Public Health Authorities (RÚVZ) help with?
First and foremost, it’s important to note that maximum noise limits are set not only for night hours (after 10 PM), but also for daytime and evening hours until 10 PM.
Public health authorities in Slovakia (RÚVZ) operate under Act No. 355/2007 Coll. on the Protection, Promotion and Development of Public Health, as amended.
According to Section 27(1) of this Act, natural persons – entrepreneurs and legal entities that use or operate noise sources are required to ensure that exposure of residents and their environment is as low as possible and does not exceed permissible values for day, evening, and night as defined by the Decree of the Ministry of Health No. 549/2007 Coll., as amended by Decree No. 237/2009 Coll.
From this, it follows that public health authorities may act only against entrepreneurs, legal entities and private individuals, under state health supervision aimed at protecting health from the harmful effects of noise. If an entrepreneur or legal entity operates a business in a residential area that generates noise, they are required to ensure protection of nearby outdoor protected areas from operational noise, and demonstrate compliance with the maximum permissible noise limits (for day, evening, and night periods) with an official noise assessment report, which must be submitted to the relevant regional public health authority (RÚVZ).
Such noise measurements and assessments can only be performed by qualified professionals according to Section 15(1)(a) of Act No. 355/2007 Coll.
If residents are disturbed by excessive noise, they may submit an official complaint to their local RÚVZ.
If the results of the noise assessment confirm that the maximum permissible noise levels set by the decree have been exceeded, the Regional Public Health Authority (RÚVZ) may take measures against the operator in accordance with Section 57(19) of Act No. 355/2007 Coll.
(Source: RÚVZ)
You can submit a complaint to the RÚVZ by email, describing the situation and specifying the type of operation or business causing the noise. The RÚVZ may carry out noise measurements themselves, or they may request the operator to provide the results of their own noise assessment (although there is a risk that such measurements may be tailored to the operator’s advantage). Be aware that noise assessments are not cheap.
How can the municipality / city district help?
We recommend also contacting your municipality or city district to verify whether the business is complying with all obligations toward local authorities — for example, whether it is properly reporting music events it organizes. If the business repeatedly fails to meet these obligations, it may be subject to penalties or fines.
We also recommend checking the generally binding ordinance (VZN) of your municipality, which often sets limits on opening hours for different types of businesses. If the establishment is open longer than allowed, it’s appropriate to report this to the city or municipality.
Building Authority
Business premises may only be used for their approved (officially approved/inspected) purpose. Therefore, it is advisable to contact the relevant building authority to check whether the building in which the business operates is approved for the type of activity currently being carried out.
The same applies to any outdoor terrace connected to the premises — it must also be officially approved (inspected and permitted) for use.
Consultation of Your Case
If you are interested in a consultation regarding the options in your case, feel free to contact us at recepcia@akmv.sk.
AKMV
JUDr. Veronika Michalíková, MBA