Hey r/Belgium,
I’m in a bit of a predicament with my neighbors who run a restaurant, and I’m hoping to get some advice or guidance on how to handle the situation. Here’s the problem: their air extraction system is causing a lot of noise disturbance, and it’s really starting to affect my quality of life at home.
To provide some context, I own a house that’s located next to the restaurant. When the air extraction is turned on, the noise levels outside my house reach 68 dB, making it nearly impossible to enjoy the peace and quiet I used to have. Even inside my house, the noise is still quite noticeable, reaching around 49 dB.
However, when the air extraction is switched off, the noise levels drop significantly. Outside, it goes down to a more manageable 36 dB, and inside my house, it’s as low as 20-25 dB.
I’m not sure what the exact regulations are regarding noise levels in this situation, and I’m wondering if anyone here could help me out. Are there any specific regulations or guidelines in Belgium that address noise disturbances caused by commercial establishments like restaurants? I’d like to know what my rights are as a homeowner and what steps I can take to find a resolution.
Additionally, if anyone has any advice on how to approach the situation with my neighbors or any practical solutions to mitigate the noise, I would greatly appreciate it. I believe in maintaining good relationships with my neighbors, so I’d like to handle this matter as diplomatically as possible.
Thank you in advance for any insights or suggestions you can provide!
Here is a photo of the air extraction system
End Note:
It’s worth noting that the restaurant in question is a high-end establishment, implying that they likely have the resources to invest in a quieter extraction system.
16 comments
If I were you I’d check with a lawyer about your Situation. No clue if there’s a limit to how loud the restaurant is allowed to be.
Was the restaurant there before you moved in? Because if so, you sound like a real NIMBY
> a staggering 68 dB
Uhm, that’s not that loud…
“68 dB is roughly the noise produced by a normal conversation, and is generally considered to be a safe noise level that a person can be exposed to without experiencing harm or hearing loss.”
Google thinks 49dB is somewhere between “rainfall” and “a quiet library”. YOU POOR TORTURED SOUL!!!
Has it always been at that noise level? If it has recently been getting louder, it could be in need of some maintenance.
>Are there any specific regulations or guidelines in Belgium that address noise disturbances caused by commercial establishments like restaurants?
Yes. All equipment (heatpumps etc) need to be limited to 45dB at the border of your garden during the day, and 40dB (or even 35dB) during the night.
https://www.buildwise.be/media/8d8be02d541295e/regelgeving_omgevingsakoestiek.pdf
68dB is way too much.
My favourite restaurant can no longer use their backside outside terras with 20 tables because the neighbour filed and won a complaint. You will very much win if you adres this officially. These kinds of things are heavy regulated.
You can get free legal advice from a lawyer at the ocmw for these kind of things.
Maybe try and talk to the restaurant owner first.
Maybe they are not aware of the problem, and know a way to fix this.
If he thinks it’s not really an issue, mention they can come back at 22.00, immediately when the kitchen rush is done, but everything is still working full force (the evening provides less citynoises, which makes the sound more hearable)
If they still aren’t helpful or understanding, measure the dB with them live, and show them the article you found online with the regulations.
If they keep refusing the acknowledge the issue, tell them it’s really really bothering you and you’ve been ignoring the issue for X time, and you’re willing to take it further with the vrederechter.
Good luck.
Because it sounds annoying in the video
68dB? i could look it up, but that would take time…
Depending on which industry and which zone that is somewhere between 35 and 50 or so. If you complain to the environmental inspector, the owner will have to install a better installation ….
This should be an easy win. So go talk to the owner that he does something about it, or you will.
Some cities come and measure if you have noise disturbance. Consider getting a good noise measurement so there is no discussion about the seriousness of the situation.
Talk to the neighbour and explain the problem. Prepare your conversation. Say this is really influencing your quality of life and the livability of your home. Ask him to come over and check the noise himself.
The solution to this problem will probably cost your neighbour some money, so it’s quite possible he’s not going to be very accomodating or a bit defensive. If this happens, just stay calm and tell him you’ll follow up in a few days to check what he decides.
No one wants problems with their neighbours, but sometimes the only way to achieve anything is through the courts. If it comes to that, make sure to get a lawyer.
Do you have a decent sound level reader? If those dBs are real, they are exceeding clearly the maximum limits, so you would have solid reasons to report it.
But first thing I would do is to discuss it with the neighbors and see if they react well giving any solution.
If that does not work, maybe you can talk with the local police; normally they should have calibrated equipment to test the noise levels and eventually would demand the issue to stop or enforce a fine.
If the noise happens after 10PM, it is super clear, but even for daily levels, these are above the legal limits.
I think we give less importance to noise pollution, but only a few people knows that constant noise, even at not very high levels, can cause stress, hearing loss, heart problems, …
>Are there any specific regulations or guidelines in Belgium that address noise disturbances caused by commercial establishments like restaurants?
Yes, do you live in Flanders? The permit specific legal rules are in Vlarem II. In Brussels and Wallonia there are other laws. Check Overtilted’s post of the Buildwise (formerly WTCB) article for a good summary.
You can call your local commune, specifically the Environmental department or Environmental enforcement/inspection (“handhaving” in Dutch). You could persuade the inspection to intervene, but if the restaurant owner is well-connected at a local level, this probably won’t be very effective (trying this is step 1 however). It helps if multiple neighbours complain. You can also try calling police, but they will probably have something better to do (or act like they have).
There is howerver another aspect to this. According to civil law violating Vlarem II rules is a fault by which the neighbour can be liable. There’s also – again according to civil law – neighbourly nuisance rules on the equilibrium between neighbours (check article 3.101 of the Belgian Civil code, this was formerly article 544 of the old Civil Code; probably one of the top 20 cited laws by lawyers nationwide). You can try requesting a mediation hearing at your local Peace Court (which is free, but your neighbour has to come voluntarily and if he doesn’t show up there’s no sanction). [https://www.om-mp.be/om_mp/files/en-savoir-plus/brochures/NL/9-BROCHURE_VERZOENING_NL_LoRes.pdf](https://www.om-mp.be/om_mp/files/en-savoir-plus/brochures/NL/9-BROCHURE_VERZOENING_NL_LoRes.pdf)
I was gonna ask if you’re my neighbour but then I saw the photo. I’ve been fighting the same issue for over a year.
Question 1: what is the neighbours position?
That exhaust isn’t even properly installed if it’s used for heating.
Noice complaints are something to really take serious for companies.
Maybe tell them first, there could be soemthing wrong with the installation, else make a formal complaint at “handhaving”. That should trigger a sound rapport being made.
They could have “bijzondere voorwaarden” in their license, but 68dB is waaay too loud.
What did you measure the levels with? Because if you used a phone app, those things are bogus. You should have an expert measure it anyway. Just an advance warning they may be getting different results. Also, if it is suddenly gotten louder, it can be due to paying more attention to it, but also something about your own hearing. If the measurements come back lower or within code, you should get a hearing check done, it can be an indicator of early hearing loss (ears compensate so things seem louder). If your hearing is fine, it can be psychological and you may benefit from the same therapy as exists for tinnitus. Not trying to be an asshole about it, just my personal experience with environmental noise.
Just from a pure technical point of view, why is there a 90 degrees angle at the top? The architect that designed our house once told me that every angle increases the noise. One should always try to have as straight as possible air extraction.
Other than that I would prefer looking for legal advice instead of Reddit advice. Not directly to sue your neighbor but to be well prepared when you discuss this matter with him.