Noise causing emotional distress

/in /by

Our company recently won a construction tender and began work, only for a neighbouring business to sue us, claiming that the morning noise from our workers violates their right to a peaceful environment. Surprisingly, they also demanded damages for ‘emotional distress caused by excessive hammering.’ Is it legally possible to claim compensation for emotional distress due to construction noise, and does our work constitute a violation of their rights? Please enlighten us.
FJ, Arusha

Under Tanzanian law, noise pollution is regulated by the Environmental Management (Standards for the Control of Noise and Vibrations Pollution) Regulations, 2014 (G.N. No. 32 of 2015). These regulations establish permissible noise levels and prohibit excessive vibrations that may cause discomfort or harm to individuals. Regulation 3 recognises ‘annoyance’ as a legitimate concern, defining it as a feeling of displeasure or irritation caused by noise intrusion into a person’s environment. Further, regulation 12 explicitly prohibits any person from emitting or causing excessive noise beyond these prescribed limits. However, the ability to claim compensation for emotional distress due to construction noise depends on whether the noise exceeds legally permissible levels and whether it constitutes a public nuisance and a violation of environmental standards.

Part IV of the Regulations provides the maximum permissible noise levels for construction sites based on different construction categories. If the neighbouring business wishes to challenge the noise, it must demonstrate that the noise is excessive, persistent, and beyond legally acceptable levels. If proven unlawful, the affected party may seek injunctive relief to stop the noise or damages for any proven harm. However, claims for emotional distress alone may be complex to substantiate unless supported by medical evidence or a clear violation of environmental laws, which, unfortunately, are not explicit on this matter, forcing us to rely on the law of torts. Consult your lawyer to assess whether the construction activity remains within permissible limits or warrants legal action.