Neighbour disputes in Malta: noise and nuisance

Actions for damages not arising from a criminal offence prescribe in two years (article 2153 of the Civil Code); an action against molestation of possession must be brought within one year, and for spoliation within two months (articles 534–535); a challenge to a condominium meeting decision goes to arbitration within thirty days of notification (article 23 of Cap. 398).

1. Identify what kind of problem you have. Noise from music, loudspeakers or parties is a public order matter as well as a private one. Water ingress, cracks after excavation and damage to a common wall are civil claims for damage. Blocked access or a neighbour taking over a passage is an issue of possession. Problems with the stairs, roof, lift or shared costs in a block are condominium matters.

   Write down whether you are owner or tenant and whether the building is a condominium, meaning a building whose common parts are owned in common by the owners of the separate units (article 2 of Cap. 398). Blocks where only drains or an outer staircase are shared are not a condominium for the Act.

2. Keep a record from the first day. Note the date, time, duration and type of each incident, and keep audio or video recordings, photographs of damage and messages exchanged. Ask other residents whether they are affected and are willing to confirm it. For water ingress or cracks, take photographs before anything is repaired and consider asking a perit for a short written report.

   The record is your evidence before the Police, an arbitrator or a court. A vague complaint about noise every night is weak; a log of specific dates and recordings is not. Mind the time limits: they run from the incident or the damage, not from the date you decide to act.

3. Speak to the neighbour and then write. A calm conversation solves many disputes, especially when the neighbour does not realise how sound travels between flats. If it does not work, send a short written request describing the problem, the times concerned and what you ask for, and keep a copy.

   In a condominium, also write to the administrator. The administrator must ensure the observance of the rules regulating the condominium and regulate the use of the common parts (article 16(1)(a)–(b) of Cap. 398). If the block has registered rules on the use of common parts, quote them (article 24). No owner may carry out works in his unit that may damage the common parts (article 10).

4. Call the Police for noise that is happening now. It is a contravention to disturb the repose of the inhabitants at night by rowdiness, bawling or in any other manner (article 338(m) of the Criminal Code). The Code of Police Laws forbids making noise with a loudspeaker, amplifier or similar instrument, in a public place or on any other premises, so loud as to cause a nuisance to occupants of premises in the neighbourhood (article 41(2) of Cap. 10), and playing or shouting in a street after being asked to stop (article 41(1)).

   Call the local police station or the emergency number during the disturbance and note the officer's name and the report number. A Police report is also useful evidence in any later civil claim.

5. Try mediation before going to court. Mediation is a process in which a neutral mediator helps the parties reach a voluntary agreement, and it may be used voluntarily or following a court order (articles 2 and 17 of the Mediation Act, Cap. 474). The Malta Mediation Centre set up by the Act draws up the list of mediators (articles 5(e) and 19).

   Mediation suits disputes where the neighbours will keep living side by side: hours for music, sound insulation, works schedules or shared repair costs. Put any agreement reached in writing and signed by both, with specific times and steps, so it can be relied on if the problem returns.

6. In a block of flats, use condominium arbitration. Disputes that the Condominium Act refers to arbitration, such as the apportionment of shared costs, the adoption of rules, or a challenge to a meeting decision, are decided under the mandatory arbitration rules of the Arbitration Act (article 26 of Cap. 398), and no court may intervene except as the Arbitration Act provides (article 30).

   An owner who disagrees with a decision of the meeting because it is contrary to law or the rules, or is unreasonable or oppressive, must refer it to arbitration within thirty days of being notified (article 23). Costs of repairing common parts are shared in proportion to the value of each unit unless otherwise agreed (article 11(1)). A vexatious referral can lead to a penalty (article 29).

7. Claim damages for harm caused through the neighbour's fault. A person who makes use of a right within proper limits is not liable (article 1030 of the Civil Code), but every person is liable for damage that occurs through his fault (articles 1031–1033). This covers water leaking from a neglected bathroom above, damage from badly executed works, or a neighbour's excavation that cracks your wall; whoever excavates must make good the damage even if the legal distance was respected (article 440).

   The action is barred after two years (article 2153). Claims up to €15,000 go to the Court of Magistrates (article 47 of Cap. 12); higher claims go to the Civil Court, First Hall. To stop works that threaten your property, ask the court for a warrant of prohibitory injunction (article 873 of Cap. 12).

8. Rely on the rules on walls, trees and distances. A wall separating two buildings is presumed common up to the top, and repairs to a common wall are shared in proportion to each owner's right (articles 409 and 411). Tall-stemmed trees must be at least 2.40 metres from the boundary and other trees 1.20 metres (article 437); you may require overhanging branches to be cut and cut intruding roots yourself (article 438). Windows may not be opened less than seventy-six centimetres from the party wall (article 443), and roofs must not discharge rainwater onto the neighbouring property (article 445).

   If a neighbour disturbs your possession, for example by blocking an access you have always used, act quickly: one year for molestation and two months for spoliation by violence or clandestinely (articles 534–535).

9. If you are a tenant, know whom to pursue. The landlord is not bound to warrant you against disturbance by third parties who act without claiming a right over the property; you may proceed against them in your own name (article 1550 of the Civil Code). A tenant can therefore call the Police and claim damages from a noisy neighbour directly.

   If the neighbour claims a right over the property, such as an easement, you must call upon the landlord to defend you (article 1553), and you must notify the landlord without delay of any encroachment or damage (article 1565). If you are the one complained about, remember that a lease may not limit ordinary use of the home, but that use is subject to the rules of good neighbourliness (article 7(1)(g) of Cap. 604).

• Waiting too long. Damages claims prescribe in two years, molestation of possession in one year and spoliation in two months.
• Complaining without evidence. Keep a dated log, recordings and, for physical damage, photographs and a perit's report before repairs.
• Taking a condominium dispute straight to court. Matters that the Condominium Act refers to arbitration must go there (article 30 of Cap. 398).
• Missing the thirty-day limit to challenge a condominium meeting decision (article 23).
• Retaliating with noise, cutting a shared service or blocking access. You may then face a Police report or a spoliation action yourself.
• As a tenant, withholding rent because of a noisy neighbour. The landlord is not responsible for third-party disturbance by mere acts (article 1550).
• Repairing water damage before documenting its source, which makes it hard to prove the neighbour's fault.

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Last updated: 03/11/2026 · Sources: Code of Police Laws (Cap. 10), art. 41 (noise, loudspeakers, nuisance to neighbours), Criminal Code (Cap. 9), art. 338(m) (disturbing the repose of inhabitants at night), Civil Code (Cap. 16), arts 409–445, 534–535, 1030–1033, 1550 and 2153 (walls and distances, possession, fault, tenants, prescription), Condominium Act (Cap. 398), arts 2, 10, 11, 16, 23–26 and 30 (administrator, rules, arbitration), legislation.mt, EUR-Lex

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