Filing a noise complaint in Thailand and understanding the legal penalties for noise pollution can be a complex process. Here’s a short guide to help you navigate the procedure:
How to File a Noise Complaint in Thailand:
1. Direct Communication: Initially, try to resolve the issue by politely asking the source of the noise to reduce their volume. This step is often ignored and can be critical to avoid escalating the situation further with various government agencies and legal assistance. If possible, consider a third party mediator to help sit down with both sides and defuse any tension.
If one party is Thai and the other party is a foreigner, a Thai mediator/translator is strongly suggested, especially someone with a positive reputation in the local community and an influential voice. Be prepared to reach a compromise and come with various solutions and not just complaints over the noise. If in a condo, consider involving the juristic office as a mediator if they are willing to assist.
2. Document the Noise: Keep a record of the noise incidents, noting dates, times, and the nature of the disturbance. Consider finding out if neighbours have also been bothered by the noise and have them document and record the problem as well.
3. Know the Law: Familiarize yourself with local noise regulations. Generally, noise before midnight is tolerated, and police assistance is more likely after 2 or 3 AM. Keep in mind in entertainment zones, like Central Pattaya, where nightlife venues can stay open legally until 4AM, the noise allowance is substantially higher than a residential area in East Pattaya.
4. Report Formally: If direct communication fails, you can file a complaint through the official website of the Ombudsman’s office at www.ombudsman.go.th, or use a complaint program installed at the ICT Learning Center in your community if it applies.
An ICT Learning Center in Thailand is a hub designed to bridge the inequality gap by providing access to information and communication technologies (ICT). These centers are established by the Ministry of Digital Economy and Society and aim to equip the general population and youth with ICT skills and knowledge. They enhance accessibility to education and foster community living by offering access to computers and the internet.
ICT Learning Centers are conveniently located in places like temples, mosques, community centers, cooperatives, local administrative organizations, schools, libraries, and military camps, making them easily accessible to the majority of the community. They serve as key mechanisms in local operations, powered by volunteers, and have been recognized both nationally and internationally for their contributions to improving people’s lives and connectivity to the global community. They also, as mentioned, usually have complaint centres and provide community assistance in matters such as noise complaints. A Thai national and Thai speaker will almost certainly be needed for this option.
You can also consider, depending on the area, filing a formal complaint at City Hall, especially if the complaint is against a business. Your success here may vary widely and they will often ask what steps you have taken before visiting them to resolve the issue. A Thai national is also suggested for this option.
5. Police Station: Alternatively, you can lodge a complaint at the nearest police station or call the non-emergency number for the police. Keep in mind, especially in Pattaya, noise complaints usually fall under the jurisdiction of the municipality (Tessagit) and not the regular police. The tourist police may also be willing to assist. This is no guarantee however that police will do so and may instead refer you to another complaint based organisation such as the ones listed above.
Legal Penalties for Noise Pollution in Thailand
– General Noise Level Standards: The maximum sound level at the boundary or facade should not exceed 115 dB(A), and the average sound level over 24 hours should not be more than 70 dB(A). (This could vary in legal entertainment zones or at licensed events.)
– Annoyance Noise Level Standard: The noise level produced by an entity cannot be more than 10 dB(A) higher than the background level without the entity in operation.
– Penalties: Violating the noise regulations can result in a fine of up to 10,000 baht and/or a one-month jail term. For businesses, the noise made by any daily business or regular activity should be lower than 90 decibels, although there may be exceptions in legal entertainment districts like Central Pattaya or licensed events.
Please note that this guide provides a general overview and the actual process and penalties may vary depending on the specific circumstances and local regulations. It’s advisable to consult with a legal professional in Thailand for detailed guidance tailored to your situation.
The Pattaya News does not generally get involved in noise complaint related issues for a variety of legal reasons, however should not the options above not work to resolve the issue there is one more option, as seen below.
Consider reaching out to Issan Lawyers, contact information below, for assistance with any problems you may have had or questions regarding legal matters, including criminal case related problems. If you have exhausted all other options for a noise complaint one can consider reaching out to a lawyer in extreme circumstances.
Isaan Lawyers specializes in providing legal services for expats and overseas nationals in Thailand.
For more information, visit Issan Lawyers here.
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*Disclaimer: This article provides general information and does not constitute legal advice. Consult with a qualified attorney for personalized guidance.*
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