A pre-trial injunction can be applied for to address noise pollution.

If you're currently suffering from a nervous breakdown due to the noise from the upstairs drill, the neighbor's piano, or other eerie sounds, you don't need to wait until the lawsuit is over. The court has an "immediately effective" emergency measure-a pre-trial injunction against noise pollution.

I. What is a "pre-trial restraining order"?

A noise injunction is a type of environmental injunction. Injunctions are temporary relief measures applied for by the People's Court to promptly stop ongoing or impending acts of environmental pollution or ecological damage by the respondent, and to prevent irreparable harm to the applicant's legitimate rights or the ecological environment. These include pre-trial and in-trial injunctions, and their scope covers ecological elements such as water, air, and noise, as well as natural resources such as forest land.

colloquial expression

• Nature : An "emergency brake" order issued by the court before formal proceedings begin.
• Speed : With complete materials, cases can be filed as quickly as the same day and adjudicated the next day.
• Validity : Once signed for, the respondent must immediately dismantle the equipment and cease the activity; if they refuse to comply, the court may enforce the judgment.
• Basis : The "Several Provisions of the Supreme People's Court on the Application of Injunctions and Preservation Measures in Cases of Ecological and Environmental Torts" (Fa Shi [2021] No. 22), which came into effect on January 1, 2022.

II. Who can apply? What are the application requirements?

Applicant : Any individual or organization suffering from actual disturbance due to noise

Four key considerations (to be reviewed by the court) :

1. Has the noise been addressed by administrative authorities but continues?
2. Does the harm caused to the applicant by the noise significantly outweigh the inconvenience caused to the respondent by the prohibited behavior?
3. The injunction will not significantly harm national interests, public interests, or the legitimate rights and interests of others.
4. The evidence submitted by the applicant has "basic credibility".

III. What materials are needed?

• Imminent evidence of the noise's presence includes : audio and video recordings, decibel level tests, medical certificates, and witness testimonies from neighbors.
• Proof that attempts at negotiation or administrative complaints have failed : WeChat chat records, 12345 response, and mediation records from the subdistrict office.
• Written application : State the specific request and factual reasons for "immediately stopping ×× noise".

IV. Compilation of Authoritative Cases

Case 1: The Guangzhou "Wild Ghost in the Wilderness" Recording Case

Basic facts : Since December 2018, residents of Haizhu District, Guangzhou City, have been continuously hearing the recording of "Wild Ghosts in the Wilderness" playing on a loop in room 102 from 8:45 to 12:00 and from 15:30 to 22:00 every day; the monitoring values ​​did not exceed the daytime limit of the "Environmental Noise Quality Standard".

Case proceedings : On April 13, 2022, the applicant filed an application for a pre-litigation injunction with the Haizhu District People's Court; on April 14, the court issued Civil Ruling No. (2022) Yue 0105 Xing Bao 1, supporting the application; on April 15, the respondent signed for and dismantled the equipment.

Significance : This is the first pre-litigation injunction against noise pollution in the country, clarifying that "whether it exceeds the standard is not a necessary condition; whether it substantially interferes with normal life is the core issue."

Case 2: Beijing Chaoyang Piano Noise Case

Basic facts : Starting in November 2021, Ms. Hu played the grand piano and gave live lessons in a shared room. Ms. Xu (an older mother) had a blood pressure reading of over 55 dB in the room. Multiple attempts to resolve the issue were unsuccessful.

Case Summary : In July 2022, Ms. Xu filed a pre-trial injunction application with the Chaoyang District Court of Beijing. After conducting an on-site inspection and retrieving materials such as audio recordings and decibel monitoring, the court issued an injunction on August 18, ordering Ms. Hu, the respondent, not to play the piano in the room sharing a wall for 30 days. On August 23, Ms. Hu moved the piano to a room not adjacent to the wall and installed soundproofing measures. After verification by the court, the injunction was lifted in accordance with the law.

Significance : Necessary restrictions can be imposed on "normal daily life behaviors" depending on the degree of impact.

Case 3: Qingdao Huangdao Billiards Club Operating Late at Night

Basic facts : A billiards club in Huangdao District, Qingdao, operates 24 hours a day. The noise from playing billiards and making noise at night affects the rest of the residents (including infants) upstairs. After on-site inspection, retrieval of monitoring data and hearing the opinions of residents, the court determined that the noise had substantially interfered with normal life and therefore issued a pre-trial injunction.

Case proceedings : The residents applied for a pre-trial injunction from the Huangdao District Court of Qingdao. After conducting an on-site inspection and reviewing monitoring data, the court ruled that the billiards club must cease operations daily from 10:00 PM to 6:00 AM the following day. The operator subsequently adjusted the operating hours and installed soundproofing measures, and both parties reached a settlement.

V. Quick Reference to Regulations

Articles 2, 31, and 86 of the Law on the Prevention and Control of Noise Pollution

Full text of the "Provisions of the Supreme People's Court on the Application of Injunctions and Preservation Measures in Cases of Ecological and Environmental Torts" (Fa Shi [2021] No. 22)

VI. Suggestions and Opinions

1. The Supreme People's Court, in its announcement of the Guangzhou "noise pollution" case , advised that "parties should retain original media such as audio recordings, videos, and monitoring data, and may use notarization or credible timestamps to solidify electronic data so that the court can quickly ascertain the facts."
2. Prior to negotiation and administrative complaints, Article 31 of the Noise Pollution Prevention and Control Law grants any unit or individual the right to report to the ecological and environmental departments. It is recommended to first attempt mediation through 12345, the street office, or the neighborhood committee, and retain written responses as evidence that "all other means have been exhausted" when applying for an injunction later.

Note: This article is reprinted from Lawyer Wu, who advocates for noise rights.