What residents can do when neighbors violate privacy and create a nuisance

A reader seeks advice on how to address disruption caused by playing cricket in a neighbor’s backyard on a custom-built field equipped with floodlights.

Ask: My neighbor 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 nets and reflectors, and uses a heavy roller and ball machine. His two sons, who play cricket professionally for local clubs, hit the red balls, creating a huge nuisance beyond the limits permitted in residential areas. We cannot rest, relax, sleep, study or enjoy ourselves indoors or outdoors. The blinding lights invade our privacy as we cannot sit in our backyard at night due to the constant noise and blinding lights. The workers climb the wall to fix the network and peer into our property, invading privacy. Please advise me of the options we, “law-abiding, peace-loving residents” have.

Answer: According to your questions, you and your neighbor are supposed to live in separate residential premises (villas) in the emirate of Dubai and your neighbors’ workers are further supposed to stare and invade the privacy of the women in your family. Therefore, the provisions of Local Order No. 61 of 1991 of Dubai Municipality on Environmental Protection Regulations in the Emirate of Dubai (the ‘Local Order No. 61 of 1991 of Dubai Municipality’), the Federal Law No. 5 on the Civil Transactions Law (the ‘UAE Civil Transactions Law’) and Federal Decree Law No. 31 of 2021 on the Issuance of the Crimes and Punishments Law (the ‘Criminal Law of the UAE’) are applicable. the UAE’).

Firstly, in the UAE, a person who owns property cannot cause nuisance to his neighbors or his neighbors’ property. This is in accordance with Article 1144 of the UAE Civil Transactions LawWhat states,

“1. The owner must not exercise his right excessively to the point of damaging the property of his neighbor.

2. The neighbor has no right of action against his neighbor for unavoidable habitual nuisances, but may claim the removal of said nuisances if they exceed the usual limits, taking into account custom, the nature of the real estate, their respective locations and intended use. The license issued by the competent authorities is not an obstacle to the exercise of such right of action.

3. Restrict the rights of the person in favor of whom the disposition act has been issued.”

Furthermore, the term “noise” emitted by individuals or groups of individuals is defined in Article 74 (1) (e) of Local Order No. 61 of 1991 of Dubai MunicipalityWhat states,

“Noise means any noise of such a nature that it unreasonably interferes with the peace, comfort and convenience of any person, except a person in or on the premises from which the noise is emitted. Noise may be made by any person while attending any meeting or gathering at any residential premises or meeting place.”

A person may lodge a complaint with the ‘Noise Control Officer’ of Dubai Municipality if any person or group of persons makes noise or emits noise from any premises. The Noise Control Officer may visit the premises where the noise is occurring and may also seek help from the police in this matter.

This is in accordance with Article 77 of Dubai Municipality Local Order No. 61 of 1991What states,

“Any person can complain about noise emitted from any premises to the Dubai Municipality control room to inform the Noise Control Officer. The officer must then take any of the following procedures:

a) go to the place of the complaint and deal with the person causing the noise and eliminate the cause of the complaint; either

b) inform the police if he was satisfied that there is a real risk of violence or that for any other special reason, the case appears to require police involvement to address it.”

Furthermore, Dubai Municipality may investigate an individual’s complaint and issue necessary directives in accordance with the provisions of Article 78 of Dubai Municipality Local Order No. 61 of 1991which says the following:

“If, upon investigating the complaint, the Noise Control Officer or the police officer is of the opinion that the noise is excessive, he or she shall order the person responsible for causing the excessive noise to reduce it immediately to a reasonable level or at a time fixed by the Officer. Noise Control or the police.”

And, if upon issuance of said order, the individual or group of individuals involved does not comply with the directives contained in the order, the Noise Control Officer may take the necessary actions, as provided in the provisions of Article 79 of Local Order No. 61 of 1991 of Dubai Municipalitywhich says the following:

“If the person causing the noise does not comply with the order issued, the Noise Control Officer may take the following measures:

– Seize the instrument or render it unusable by removing any part of it.

– Temporarily close, seal or seize the noise-emitting instrument and transport it to municipal warehouses for safekeeping.

– Write the necessary report on the case and the actions taken and propose the corresponding sanction.”

Secondly, it is illegal to stare at a woman in the UAE, which can be considered indecent behaviour. This is in accordance with Article 412 (1) of the UAE Criminal LawWhat states,

“A prison sentence for a term not exceeding (1) year and a fine not exceeding ten thousand (10,000) AED or either of these two penalties shall be imposed against any male who:

“offends the decency of a woman with words or actions on a public street or in a frequented place.”

Furthermore, any indecent behavior against a woman under the age of 18 (eighteen) can be considered a serious crime. This is in accordance with paragraph 3 of Article 411 of the UAE Criminal LawWhat states,

“Any person who commits an indecent act with a woman or a young person under eighteen (18) years of age, even if not publicly, will incur a prison sentence for a period of not less than one (1) year. “

Based on the above-mentioned legal provisions, you may consider filing a complaint with Dubai Municipality and Dubai Police for their intervention related to the noise emitted by your neighbor while his children are practicing cricket in the nets and against their workers for indecent behavior against you and your family members, especially against women.

News Source: Khaleej Times