Keith Mack
In the UK, noise complaints are taken seriously and are often handled by local councils, which are bound by law to investigate any statutory nuisances. A statutory nuisance is any activity that unreasonably and excessively interferes with the enjoyment of one's home. This can include noise from neighbours, entertainment venues, pubs, clubs, or restaurants, and it can occur at any time of day or night. If you are experiencing issues with noise, there are several steps you can take, including contacting your local council, reaching out to your neighbour or their landlord, or seeking help from a mediation service.
| Characteristics | Values |
|---|---|
| Governing body | Local council |
| Applicable laws | Environmental Protection Act 1990, Noise Act 1996, Clean Neighbourhoods and Environment Act |
| Type of noise | Statutory nuisance, noise from dwellings or other premises, entertainment venues, pubs, clubs, restaurants, security alarms |
| Time of day | Night hours are between 11 pm and 7 am |
| Permitted noise level | 34 dBA if the underlying level is no more than 24 dBA, 10 dBA above the underlying level if it's more than 24 dBA |
| Action taken | Warning notices, abatement notices, fines, prosecution, equipment seizure |
| Other considerations | Mediation services, police involvement in certain cases, planning permission conditions, entertainment licences |
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What You'll Learn
Statutory nuisance
In the UK, noise laws are covered by the Environmental Protection Act 1990. Under this legislation, a noise must be considered a 'statutory nuisance' for legal action to be taken. Statutory nuisances are defined by legal precedent and must unreasonably and substantially interfere with the use or enjoyment of a home or other premises. This could include noise from construction, intruder alarms, loudspeakers in the street, or music from a neighbouring property.
Councils are responsible for investigating complaints about noise that could be considered a statutory nuisance. They can issue warning notices in response to complaints about noise above permitted levels between 11 pm and 7 am, and these notices can be used for noise that may not necessarily be a statutory nuisance. If a noise is found to be a statutory nuisance, councils must serve an abatement notice, requiring the noise to stop or be limited to certain times. These abatement notices can be appealed within 21 days, and in some cases, an injunction may be applied for from the High Court.
The process for dealing with statutory nuisances involves reporting nuisances online, providing relevant information, and keeping diary sheet records for a minimum of two weeks to document when and how the nuisance is affecting the complainant. These records may be presented in court if legal action is taken. It's important to note that some nuisances, such as footsteps, talking, or television noise from neighbouring properties, may not meet the legal threshold for statutory nuisance.
To determine if a noise constitutes a statutory nuisance, councils apply objective standards set by legal precedent rather than personal opinions of what constitutes a 'nuisance' or 'annoyance'. This means that while some residents may find certain noises annoying, they may not legally qualify as statutory nuisances. The Environment Agency (EA) also plays a role in controlling potential statutory nuisances like noise, smell, and dust through environmental permits as part of pollution control. Councils must coordinate with the EA to avoid penalising individuals or entities twice for the same activity.
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Night-time noise
Before contacting the council, it is recommended to try and resolve the issue informally by speaking to the person causing the noise. This can be done independently or through mediation, where an independent third party helps both parties to reach an agreement. Mediation can be provided by the local council or a private mediator, but both parties must be willing to attend.
If speaking to the neighbour does not solve the problem, the next step is to contact the local council. The council will investigate the noise and, if it is deemed to be a statutory nuisance, they can issue a noise abatement order. A statutory nuisance is defined as any activity that is unreasonable or excessive and causes substantial interference with the enjoyment of a home. Fines of up to £5,000 can be issued if someone breaks a noise abatement order.
In some cases, the neighbour may be renting, in which case it is possible to contact their landlord or letting agent to resolve the issue. If the neighbour rents through a housing association, they should have a complaints process that can be followed.
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Noise from neighbours
In the UK, noise laws are enforced by local councils, which have a duty to investigate any noise complaints that could be considered a 'statutory nuisance'. This term refers to noise that unreasonably and substantially interferes with the use or enjoyment of a home or other premises.
If you are experiencing noise issues with neighbours, it is recommended that you first try to resolve the problem amicably by talking to them or through mediation. However, if this does not work, you can escalate the issue to your local council, which will investigate the complaint. An environmental health officer will be responsible for assessing the validity of the complaint by considering factors such as the volume, duration, and frequency of the noise.
If the council decides that the noise constitutes a statutory nuisance, they will issue a 'noise abatement' order. This means that the person responsible for the noise may be guilty of an offence if the noise exceeds permitted levels during a specified period. The permitted noise level is measured in A-weighted decibels (dBA), and the limit depends on the underlying level of noise. For example, if the underlying level is no more than 24 dBA, the permitted level is 34 dBA.
For construction or demolition works, the council can provide guidance on how the work should be carried out to avoid causing a statutory noise nuisance. Those who fail to comply with the council's instructions can be prosecuted and fined, with additional fines for each day of non-compliance.
In addition to construction noise, the council can also address other types of noise complaints, such as loud music or patrons at pubs and clubs, barking dogs, and noise from vehicles, machinery, or equipment in the street.
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Noise from entertainment venues
Entertainment venues, including pubs and clubs, are subject to noise restrictions to prevent excessive noise that may disturb neighbours. These venues are required to implement soundproofing measures to minimise noise leakage. There are no specific laws setting noise limits for audience exposure, but the HSE recommends that the A-weighted equivalent continuous sound level over the duration of the event (Event LAeq) should not exceed 107 dB in any part of the audience area, and the C-weighted peak sound pressure level should not exceed 140 dB.
If you are experiencing noise issues related to an entertainment venue, you can file a complaint with your local council's environmental health department. They will investigate the matter and determine if the noise constitutes a statutory nuisance. A statutory nuisance significantly interferes with your right to enjoy your home and is more than just an annoyance or irritation. The authorised officer will consider the volume, duration, and frequency of the noise when making their assessment.
If a noise nuisance is found to exist, the council can serve an abatement notice, requiring the noise to be stopped or restricted. This notice is typically served on the person responsible but can also be given to the owner or occupier of the premises. The council may allow a delay of up to 7 days for the responsible party to take action before enforcing the abatement notice.
In addition to the noise level, the time of day is also a crucial factor in noise regulations. Night hours, typically defined as 11 pm to 7 am, are considered a period where noise restrictions are more stringent. If a venue ignores a warning about excessive noise during these hours, the council can take further action, including imposing fines, prosecuting, or revoking the venue's entertainment licence.
It is important for entertainment venues to be mindful of their noise levels, especially after 11 pm, to prevent disturbances and potential legal consequences. Understanding and adhering to noise restrictions contribute to a harmonious relationship with the surrounding community.
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Noise abatement notices
When a council agrees that a statutory nuisance is occurring, has occurred, or will occur, they are required to serve an abatement notice, usually on the person responsible. The notice may require the person to stop the activity or limit it to certain times, and can include specific actions to reduce the problem. For example, a noise abatement notice may require that noise levels are reduced or that the source of the noise is removed. In some cases, this could involve seizing noise-making equipment.
If you have been served with a noise abatement notice, it is important to take steps to reduce noise levels or stop making noise altogether to avoid further action. You have the right to appeal the notice within 21 days of receiving it if you believe there are valid grounds, such as informality, error, or unreasonableness in the requirements of the notice. However, it is advisable to consult a solicitor when making an appeal as it is a technical and specialist area.
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Frequently asked questions
A statutory nuisance is any activity that is unreasonable or excessive and causes substantial interference with the enjoyment of your home.
You can approach your local council for help. Local councils are bound by law to investigate statutory nuisances.
You could consider help from a mediation service. Your local council or your neighbour's housing association may provide this, or you can look for a private mediator in your area.
In this case, the police will generally deal with complaints about noise from neighbours.
