Our Environmental Department identified an inconsistency in Article 7.2.f of the Environmental Noise Control Regulation (Executive Decree No. 44486-S), which created uncertainty regarding the applicability of noise exceptions for construction activities.
In light of this situation, the corresponding inquiry was submitted to the Ministry of Health, which responded by acknowledging the observation and indicating that the Regulation is currently under revision and under review by MEIC to be subject to public consultation.
Technical-Legal Analysis Conducted
- Article 4.29 establishes that nighttime hours correspond to the period between 20:00 and 5:59.
- Article 5 sets the maximum noise limits.
- Article 7.2.f regulates an exception for construction sector activities during both daytime and nighttime hours, stating that nighttime works will be allowed noise levels not exceeding 45 dB and that such works shall not extend beyond 20:00 hours.
The Ministry confirmed the existence of a regulatory contradiction, since the Regulation defines nighttime as beginning at 20:00 hours, yet the exception simultaneously states that nighttime works must not extend beyond that same hour, which in practice prevents the application of the exception during nighttime.
The current official interpretation is that the exception provided in Article 7.2.f can only apply during daytime hours (6:00–19:59), exempting construction activities with municipal licenses from the maximum noise limits established.
During nighttime hours (20:00–5:59), no exception applies, and the continuation of construction activities is not authorized.
Recommendations
- Review the operating conditions and noise levels generated by construction projects during nighttime hours to take the necessary preventive measures to avoid noise complaints and ensure compliance with current regulations.
- Monitor the publication of the Regulation’s amendment, as this will be the appropriate time to submit any observations deemed necessary to clarify the exceptions applicable to the construction sector.
By Luciana Pineda
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