During the holiday season there are opportunities to organize a party there is certainly no shortage of them, but if you live in a condominium It must be remembered that there are a few simple rules to follow to avoid creating problems with the condominium owners.
Although it is not necessary to request or obtain specific authorizations, it is necessary to pay attention to some small precautions to avoid the risk of creating disturbance or, in the worst cases, incurring the crime of disturbance of the public peace.
So, how can we move to avoid creating disturbance without having to deny ourselves the pleasure of celebrating?
The rules to follow
Normally, the rules on the times to be respected for having a party in a condominium are established by the bylaws, voted unanimously by the condominium members in the assembly. In the case in which, for example, the bylaws include clauses that prohibit making noise during certain hours of the day (for example from 8 pm to 8 am), you must be careful not to disturb your neighbors and those who live in the building during the indicated time slots.
In the event that, however, there is no reference within the regulation, the rule to be followed is established by article 844 of the Civil Code which states that “The owner of a property cannot prevent the emission of smoke or heat, fumes, noises, shaking and similar propagations deriving from the neighbour’s property, if they do not exceed normal tolerability, also taking into account the condition of the places.”.
This means that if no time is set within which it is possible to “make noise”, anything that does not generate noise exceeding 3 decibels of noise coming from outside is considered tolerable; logically, this limit is very easy to exceed during the night when normal “city life” is on stand-by.
These values are established by the framework law n. 447 on noise pollution.
If the limits set by law are exceeded, there is a risk of committing the crime of disturbing the public peace, regulated by theArticle 659 of the Criminal Codewhich reads: “Anyone who, by making noise or shouting, or by abusing sound instruments or acoustic signals, or by causing or failing to prevent the noise of animals, disturbs the occupations or rest of people, or public shows, gatherings or entertainments, shall be punished with arrest of up to three months or with a fine of up to 309 euros.
A fine ranging from 103 to 516 Euros applies to anyone who practices a noisy profession or trade against the provisions of the law or the prescriptions of the Authority”.
This crime is committed only when the disturbance caused does not only concern some condominium members (for example, the neighbors opposite) but the entire condominium.