28 July 2025
Many people experience noise nuisance. This can range from neighbours partying late into the night to constant traffic or construction noise.
For many, noise nuisance is not only a source of frustration but can also lead to legal disputes. In this blog, you will read under which circumstances noise nuisance qualifies as a hidden defect in the context of purchasing a home.
In short, a hiddendefect is a defect that interferes with the normal use of the property. In addition, it must concern a defect that the buyer did not have to anticipate. In some cases, the seller can be held liable for such a defect. The seller has a duty to inform the buyer about any defects in the property. This also applies to noise nuisance that only becomes apparent after the purchase.
Read more about non conformity in real estate in this article. More information about leaks as a hidden defect can be found here.
Noise nuisance can be caused by, for example, disturbances from neighbours, sounds from hospitality venues, or traffic noise. If it becomes apparent after the transfer of ownership that the noise nuisance is so severe that it significantly affects the buyer’s enjoyment of the property, this may be considered a hidden defect. The severity of the noise nuisance plays a key role in determining whether a defect exists. A noise assessment can be carried out to establish whether the noise in question exceeds the permitted levels. A city property may be subject to different noise standards than a farmhouse in the countryside.
The seller is obliged to inform the buyer of any known noise nuisance. If it turns out that information about noise nuisance was withheld, the costs of any necessary remedial measures may be recovered from the seller. In practice, this strongly depends on the nature and severity of the nuisance and its impact on living enjoyment.
In a 2023 judgment by the District Court of Zeeland West Brabant, the estate agent informed the buyer during the viewing that the roof of the house could creak in the wind. In the questionnaire, the seller had stated that they were not aware of any defects in the roof. After the transfer of ownership, the buyer discovered banging roof panels that made a lot of noise. The court ruled that the house did not meet the buyer’s reasonable expectations, as the noise nuisance impaired the normal use of the property. [1]
In another 2023 judgment by the same court, severe noise nuisance from neighbours justified termination of the purchase agreement. The seller had stated that there were barking dogs but had not informed the buyers of the “serious nuisance and street harassment” caused by the neighbours. It was established that neighbours had filed frequent complaints over a five year period. The seller relied on a non owner occupancy clause, but the court found this clause to be unreasonably onerous under the circumstances. The seller was ordered to repay the purchase price. [2]
Noise nuisance can have a significant impact on the enjoyment of a property. However, it will not always result in non conformity. It is important to assess the severity of the nuisance, for instance through a noise investigation.
If you are dealing with noise nuisance after purchasing your property, it is advisable to seek legal advice and have your situation assessed. Please feel free to contact me or one of the other specialists at GMW lawyers if you have any questions.
[1] District Court Zeeland West Brabant 8 November 2023, ECLI:NL:RBZWB:2023:7993, r.o. 4.7.
[2] District Court Zeeland West Brabant 22 November 2023, ECLI:NL:RBZWB:2023:8179, r.o. 5.8 en 5.15.
