Objecting to construction noise
Question
Shalom.
Our neighbors are enlarging their apartment and are making a lot of noise, and we have a small baby at home. Do we have the right to object?
Answer
Shalom u’vracha.
Generally, one cannot object to this. It should be considered from the perspective of a sick person or in terms of the normal use of the home, and an agreement needs to be reached.
Source
In siman 155, at the end of se’if 9, it is explained that one can object to damage caused by noise only in the case of an istinis (an overly sensitive person). This is also the view of the Rema in siman 156, se’if 2, regarding the sound of a mill. Although from this aspect alone it is possible that one could protest and regard the person as an istinis or as ill, nevertheless, since it has become customary to build, one cannot object to this. However, in special circumstances it is necessary to reach an understanding and some arrangement for the benefit of both sides.
