Law in Malaysia for Noisy Neighbours

LETTER | I had recently come across an article written by the Legal Counsel and Honorary Secretary General of the National House Buyers Association (HBA) on the need for legislation to deal with «neighbors of hell,» and I`m glad the HBA spoke about this issue. I am hopeful that if this issue receives more attention from the media and, in particular, from legislators, we can finally put an end to it. This problem has plagued our communities for as long as it shouldn`t have been, especially those like me who live in high-rise buildings. This article focuses on noise pollution. This article will identify some common issues you might have with your neighbors that you can pursue them for. Noisy and disturbing neighbors who disturb the comfort and tranquility of the neighborhood can be reported to local authorities or file a complaint. Under the Local Government Act 1976, local authorities are required to take the necessary steps to eliminate certain types of harassment. A family in Johor Bahru had a problem with their neighbours` surveillance cameras pointing directly at their front yard and the back of their house. I hate it when you pull out of hell`s neighbors like that.

Wfh and trying to go to a meeting is a disaster. I can feel your pain. Although noise pollution is not specifically provided for in the Local Government Act 1976, section 81(k) of the Act empowers the local authority to declare any matter of disturb. I humbly take the view that if the legislator does not pass a specific law against nuisance by neighbours, local authorities should at least make good use of this provision to explain this as harassment. Q8. What remedies are there for noisy and harassing neighbors? The family felt like they were constantly being watched and had to erect zinc sheets along the fence to prevent their homes and activities from being constantly monitored by their neighbours. The family had to keep their doors and windows locked all the time. They could not live, eat and sleep well. As a result, they suffered psychological distress, pressure and medical complications. It is very unfortunate that the civil justice system is not readily available to the general public, mainly for cost reasons. In addition to civil actions and pending the enactment of new laws proposed by the HBA, based on existing laws, persons who have been harassed by «neighbours from hell» may file a police report and request that the case be investigated in accordance with section 13(1) of the Minor Offences Act 1955. Unlike semangat muhibah, certain actions of your neighbors can put you in a difficult position and interfere with your comfort or convenience in your own household.

Section 268 of the Criminal Code provides for the criminal offence of public harassment, which essentially means that local residents are affected. The problem with this provision is that often other neighbours, although affected, are afraid to file a police report because of the retaliation and the mentality that they are less affected compared to residents who live directly above or below the harasser. Management does not want to cooperate to solve the problem. All they did was send one of the security guards to the noisy unit and ask, «Make noise,» and they said, «No.» Then they tell me, «We investigated, and the noise is not coming from this unit.» This is not true. They never hear the sound of my unit as it walks, and they never had any other investigative tools. But they say we investigated. In Malaysia, there is no specific law on harassment of neighbours, but there are provisions that would arguably make it a criminal offence. Private harassment lawsuits usually arise between neighbours as a result of their own actions – [disrupt] an individual`s interest in the use and enjoyment of his or her property by interfering with the habitual enjoyment of the property. On this page, it says: www.iproperty.com.my/guides/how-to-deal-with-nuisance-and-difficult-neighbours-faq/: In Malaysian jurisprudence, renovation and similar noises between neighbors were perceived as disturbing. Under the Condominium Management Act 2013, the governing body has the power to enforce regulations prohibiting harassment, and it can impose a collectively agreed sanction on the offender for violations. High density of life in Malaysia because we are too uncivilized In the end, they say that we cannot limit the noise and that we have to accept this noise, which is very exaggerated to be bearable.

What kind of management is this?! Finally, visit the offending unit with the security team and ask them what`s wrong with them. If that doesn`t work, let your JMC representatives talk to these residents. There is an option to fight back with a ceiling racquet or rubber mallet, but don`t do it unless you`re really running out of options and the above solutions didn`t work. Ben Lee Kam Foo (Partner) Head of Dispute Resolution ADR Arbitrator and Arbitrator ADR Fellow, AIAC Cross-border tax planning For a lawsuit to be successful, your neighbor`s action must be an unreasonable and ongoing deterioration of your property that causes you some form of harm. This can be divided into three elements: [the] time of commission of the act in question; the place where it was commissioned; the manner in which it is committed, i.e. whether it is done voluntarily or in the proper exercise of rights; and the effect of its commission, i.e. whether these effects are temporary or permanent, occasional or continuous. At least you have people living upstairs. I have the same problem as you before, but the apartment upstairs empty.

The question whether such interference constitutes a nuisance is therefore always a question of degree, the acts complained of being classified as «nuisances», such as noise or odours, acts which are generally lawful and become unlawful only because of the circumstances in which they are performed, such as the time, place and nature of the performance. No exact or universal formula is possible, but a useful test is what is reasonable according to the common practices of humanity living in a particular society. Police were initially reluctant to include a report on the case, believing it to be a civil dispute. At this point, I think it is necessary to stress that the PDRM must ensure that its men and women in blue understand that minor offences are criminal offences.