Piotr Poniatowski

Legal aspects of “neighborhood” nuisance – Part One (administrative liability)

The study concerns the legal aspects of a nuisance to which a person may be exposed at their place of residence. The authors analyze the issue in terms of the provisions of the act of April 27, 2001 on the environmental protection law. They refer to such issues as permissible levels of noise in the environment; the decision on permissible noise levels; suspension of the use of a noise-emitting installation; ordering an individual whose activity adversely affects the environment to perform actions aimed at reducing the negative impact on the environment and its threat or restoring the environment to its proper state; halting activities that cause deterioration of the environment to a significant extent or threaten human life or health; establishing restrictions on the duration of operation of installations or use of equipment from which the emitted noise may adversely affect the environment, as well as prohibiting the use of sound installations or equipment in certain areas.

Legal aspects of “neighborhood” nuisance – Part Two (civil liability)

The authors analyze civil law protection measures, in particular the claim for the protection of personal rights under Article 23 and Article 24 of the Polish Civil Code, as well as the restitution claim under Article 222 § 2 of the Polish Civil Code due to nuisances, which may be applicable in counteracting “neighborhood” nuisance such as noise.

Legal aspects of “neighborhood” nuisance – Part Three (criminal liability)

The study concerns the legal aspects of a nuisance to which a person may be exposed at their place of residence. The authors analyze the provisions specifying offences and petty offences described in the Polish Criminal Code, the Polish Code of Petty Offences, and the Act of April 27, 2001 on the environmental protection law, which may be applicable in counteracting nuisance “neighborhood” noise.