When Noise Becomes Damage

Living with constant and unbearable noise from a nearby commercial or industrial activity is not a mere annoyance. It is a violation of your fundamental right to peace, health, and the serene enjoyment of your property. The insomnia, stress, and anxiety that result are concrete damages that deserve protection. Understanding the legal mechanisms to defend yourself is the first step to regaining your tranquility. As an expert lawyer in damage compensation in Milan, lawyer Marco Bianucci assists those who suffer the consequences of noisy emissions, defining the most effective strategy to stop the disturbance and obtain fair compensation.

The Regulatory Framework: Article 844 of the Civil Code

The reference norm in Italy for noise pollution is Article 844 of the Civil Code, which regulates so-called 'emissions'. The law establishes that the owner of a property cannot prevent noise emissions originating from a neighbor's property if they do not exceed normal tolerability, also taking into account the condition of the places. This concept of 'normal tolerability' is at the heart of the issue. It is not a fixed value in decibels, but an elastic criterion that the judge assesses on a case-by-case basis, considering factors such as the time of day when the noises are produced (night or day), the destination of the area (residential, mixed, or industrial), and the persistence of the noise itself.

Types of Compensable Damages

When noise exceeds this threshold, it constitutes an unlawful act that entitles you to compensation. Damages can be of two types. The first is pecuniary damage, which includes the decrease in the market value of the property due to noise disturbance. The second, often more significant, is non-pecuniary damage, which includes damage to health (or biological damage), verifiable with medical certificates attesting to disorders such as insomnia, stress, or heart conditions, and existential damage, meaning the deterioration of quality of life and the violation of one's daily habits.

The Bianucci Law Firm's Approach

The approach of lawyer Marco Bianucci, a lawyer with extensive experience in damage compensation in Milan, is pragmatic and aimed at resolution. Each case begins with a thorough analysis to establish the validity of the claim. The strategy is divided into clear steps: it starts with evidence gathering, particularly through a sound level measurement survey that objectively measures the intensity and frequency of the noises. Subsequently, a formal notice is issued to request the immediate cessation of the disturbance. If this approach does not yield results, the most appropriate legal action is considered, which may include urgent proceedings to obtain an injunction from the court and the subsequent lawsuit for the quantification of compensation for all damages suffered.

Frequently Asked Questions

How can I prove that the noise exceeds normal tolerability?

The main and most effective proof is the sound level measurement survey, a technical report prepared by a qualified professional that measures noise levels and compares them to background noise. This objective analysis is crucial in court. Testimonies from other neighbors, recordings, and medical documentation attesting to damage to your psycho-physical health can also be useful.

What types of compensation can I obtain for noise pollution?

You can claim compensation for pecuniary damage, such as the devaluation of your property, and for non-pecuniary damage. The latter is divided into biological damage, if the noise has caused medically ascertainable damage to your health, and existential damage, for having compromised your peace of mind and your normal daily activities.

Can a commercial activity with all the permits still be held liable?

Yes. Possessing licenses and administrative permits does not exempt from respecting the rights of neighbors according to the Civil Code. An activity may be perfectly compliant with public regulations (e.g., on noise emission limits set by the Municipality) but still produce noises that exceed 'normal tolerability' for the specific situation, constituting a civil offense.

How much time do I have to take legal action against noisy emissions?

The right to compensation for damages generally expires five years from the date the damage occurred. However, since noisy emissions constitute a continuous offense that persists over time, the statute of limitations begins to run day by day. It is, however, always advisable to act promptly to protect your rights more effectively.

Contact an Expert Lawyer for Noise Protection in Milan

If noisy emissions are compromising your quality of life and your health, you should not passively endure it. You have the right to demand that the disturbance cease and that you receive fair compensation. Lawyer Marco Bianucci offers his expertise in damage compensation to analyze your specific situation and guide you on the most appropriate legal path. Contact the law firm based in Milan for an in-depth evaluation of your case.