The Regulation on the Amendment of the Regulation on the Evaluation and Management of Ambient Noise entered into force by being published in the Official Gazette dated 7 January 2022 and numbered 31712. The regulation brought important provisions on entertainment venues and outdoor activities within the scope of noise pollution.
What does the Regulation say?
The Regulation on the Evaluation and Management of Ambient Noise ("Regulation"), defines four main types of areas that are named "very sensitive," "sensitive," "less sensitive," and "not sensitive" and it is obligatory for businesses and facilities operating near, adjacent to, below or above these areas to comply with the noise standards stipulated for these areas. The rules to be complied with in accordance with the new provisions are explained in the table below in comparison with the provisions before the amendment:
| Outdoor1and
Semi Outdoor2 Entertainment Venues |
Outdoor Shows | |||
| Before the amendment | After the amendment | Before the amendment | After the amendment | |
|
Very Sensitive Usage This refers to areas that are used as housing, inpatient health institutions, children's and elderly care homes, boarding education institutions and student dormitories. |
Live music could not be played between midnight and 7 am. |
Open
and semi-open entertainment venues cannot be set up. Live music cannot be played without any time limits. Open and semi-open entertainment venues in these areas need to become indoor venues by 7 January 2023.3 The Regulation had the same restrictions before the 2015 amendments. |
Prohibited between midnight and 7 am in very sensitive usage areas. | Prohibited without any time limits if the noise is at a level that may disrupt the very sensitive usage areas. |
|
Sensitive Usage This refers to areas where accommodation facilities that offer a bed service, educational institutions and religious facilities are located. |
No changes. | No limitations. | Prohibited between midnight and 7 am. | |
|
Less Sensitive Usage This refers to areas with usages such as administrative and commercial buildings, children's parks, playgrounds and sport facilities. |
No changes. | No limitations. | ||
| Not Sensitive Usage | No changes have been made regarding these areas, which represent areas and uses that can be a source of noise, such as car parks, garages, entertainment venues and industrial facilities. | |||
In addition to the amendments provided in the table above, the provision that empowers the inspecting personnel or unit to decide which sanction (such as time limitations or closure) will be applied in cases where violations are detected has also been repealed by this amendment.
Conclusion
The amendment of the Regulation likely aims to differentiate environmental noise limitations between very sensitive and sensitive areas of use. However, it is important to note the issues on enforcement of the previous regulations (can be found here in Turkish) and the judicial decision that ruled the annulment of these regulations. 4 In light of past experience, how the new Regulation will have an impact in practice will be important in the future for stakeholders.
Footnotes
1. Outdoor Entertainment Venue: This refers to entertainment venues that allow sound to pass directly into the atmosphere from all facades.
2. Semi-outdoor Entertainment Venue: This refers to entertainment venues that have at least one facade or an open top, or whose building element is portable or can be opened and closed with openings that allow noise to pass directly to the atmosphere (doors, windows, ventilation, etc.)
3. Indoor Entertainment Venue: This refers to entertainment venues where all the facades and the roof are closed by construction materials (concrete, brick, glass etc.) and where precautions are taken to prevent the direct passage of sound to the atmosphere from doors, windows and similar openings.
4. Republic of Turkey Council of State 14th Division's decision numbered E.2011_13995 K.2013_7052 and dated 23 October 2013 (accessible by the link in Turkish): https://legalbank.net/belge/d-14-d-e-2011-13995-k-2013-7052-t-23-10-2013-cevresel-gurultunun-degerlendirilmesi-ve-yonetimi-yonet/1501686
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