Khaleej Times, Mon, Feb 26, 2024 | Shaban 16, 1445
Dubai: What residents can do when neighbours violate privacy, create nuisance
Emirates:
Question: My
neighbour has built a cricket net practice area in his backyard, very close to
the shared boundary wall. He has built a professional cricket pitch, installed
net and flood lights, and uses a heavy roller and ball machine. His two sons,
who play professional cricket for local clubs, hammer the red balls, creating a
huge nuisance beyond permissible limits in residential areas. We cannot rest,
relax, sleep, study or enjoy indoors or outdoors. The blinding lights invade our
privacy as we cannot sit in our backyard in the evenings due to the constant
noise and blinding lights. The workers climb the wall to fix the net and peep
into our property, invading privacy. Kindly advise me on what options we, 'the
law-abiding and peace-loving residents', have.
Response: Pursuant to your queries, it is assumed that you and your
neighbour are living in an independent residential premises (villas) in the
emirate of Dubai and it is further assumed that the workers of your neighbours
stare and invade the privacy of female members of your family. Therefore, the
provisions of Dubai Municipality Local Order No. 61 of 1991 on the Environment
Protection Regulations in the Emirate of Dubai (the 'Dubai Municipality Local
Order No. 61 of 1991'), Federal Law No. 5 on Civil Transactions Law (the 'UAE
Civil Transactions Law') and Federal Decree Law No. 31 of 2021 on the Issuance
of the Crimes and Penalties Law (the 'UAE Penal Law') are applicable.
Firstly, in the UAE, an individual who has a property may not cause
inconvenience to his or her neighbours or neighbours’ property. This is in
accordance with Article 1144 of the UAE Civil Transactions Law, which states, “1. The
owner must not exercise his right in an excessive manner to the extent
detrimental to his neighbour’s property.
2. The neighbour has no right of action against his neighbour for the
usual unavoidable inconvenience, but he may claim the suppression of these
inconveniences if they exceed the usual limits, taking into consideration in
this respect custom, the nature of the immovable properties, their respective
locations and the use for which they are intended. The license issued by the
competent authorities is not a bar to the exercise of such a right of action.
3. Restricting the Rights of the Person in Favor of whom the Act of
Disposition has been taken.”
Further, the term ‘Noise’ by individuals or group if individuals is defined in
Article 74 (1) (e) of the Dubai Municipality Local Order No. 61 of 1991, which
states, “Noise means any noise of such nature that unreasonably interfere with
the peace, comfort and convenience of any person, other than a person in or at
the premises from which the noise is being emitted. Noise may be emitted by any
persons, while attending any gathering or meeting in or at any residential
premises or place of assembly”
An individual may file a complaint with the ‘Noise Control Officer’ of the Dubai
Municipality If any individual or group of individuals are noisy or emit noise
from any premises. The Noise Control Officer may visit the premises where noise
is caused and may also seek assistance from the police in this matter. This is
in accordance with Article 77 of the Dubai Municipality Local Order No. 61 of
1991, which states, “Any person may complain against noise emitted from any
premises to control room in Dubai Municipality in order to inform Noise Control
Officer. The officer then shall take any of the following procedures:
a) move to the complaint site and deal with the person causing the
noise, and remove the cause of complaint; or
b) inform the police if he was convinced that there is a real risk of
violence or that for any other special reason, the case appears to require the
involvement of the police to deal with the case.”
Moreover, the Dubai Municipality may investigate the complaint of an individual
and may issue necessary directives in accordance with the provisions of Article
78 of the Dubai Municipality Local Order No. 61 of 1991, which states as
follows:
"If, upon investigating the complaint, the Noise Control Officer or the
policeman is of the opinion that the noise is excessive, he shall direct the
person responsible for causing the excessive noise to forthwith abate it to a
reasonable level or at the time set by the Noise Control Officer or the
policeman."
And, if upon issuance of such order, the individual or group of individuals
concerned does not comply with the directives made in the order, the Noise
Control Officer may take necessary actions, as provided under the provisions of
Article 79 of the Dubai Municipality Local Order No. 61 of 1991, which reads as
follows:
“If the person causing the noise is not complying with the issued order, the
Noise Control Officer may take the following procedures:
-
Seize the
instrument or render it inoperable by removing any part therefrom.
-
Lock or seal or temporarily seize the noise-emitting instrument and
transport it to the municipality stores for safekeeping.
-
Write the necessary report of the case and of action taken and propose
proper penalty."
Secondly, it is illegal to stare at a woman in the UAE, which may be termed as
indecent behaviour. This is in accordance with Article 412(1) of the UAE Penal
Law, which states, ”A jail sentence for a period not exceeding (1) year and fine
not exceeding AED ten thousand (10,000) or either one of these two penalties
shall be imposed against any male who:
- offences the decency of a woman by words or actions on a public road or a
frequented place."
Further, any indecent behaviour against a woman who is below 18 (eighteen) years
of age may be considered a serious crime. This is in accordance with paragraph 3
of Article 411 of the UAE Penal Law, which states, “Any person who commits an
act against decency with a female or a young man under the age of eighteen (18)
years, even if not publicly, shall be liable to a jail sentence for a period not
less than one (1) year.”
Based on the aforementioned provisions of law, you may consider filing a
complaint with the Dubai Municipality and the Dubai Police for their
intervention related to noise emitted by your neighbour while his children are
practising cricket at nets and against his workers for indecent behaviour
against you and your family members especially against women.