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Having trouble with a noisy neighbour?
According to recent studies, over 400,000 noise complaints are made to Local Authorities every year, with the most common causes of complaint being music and parties (28 per cent), domestic (14 per cent) and animal noise (13 per cent).
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The good news is, if you're experiencing a noise problem in your home, you're not alone. This guide is intended to give you a clear picture of the options available to you in dealing with a noisy neighbour.
Dealing with your noisy neighbour directly
If you're reading this page, you might already have tried to resolve your noise dispute with your neighbour directly. Even so, its worth reiterating that there are good reasons why direction intervention with your neighbour in the first instance is preferable:
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Noisy neighbours might not realise their actions are causing distress or annoyance to those around them. In some cases, a face-to-face conversation or a friendly letter is all it takes to make them change their behaviour.
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Going straight to your Local Authority before giving the neighbour a reasonable opportunity to change their ways can sometimes exacerbate the situation.
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Local Councils' websites often contain guidance and template letters for residents to send to their neighbours in noise complaint situations. If you don't know your Local Council, you can find out using your postcode on the Gov website.
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Understandably, people do not always want to approach their noisy neighbour directly. Sometimes noise issues are one element of a wider history of dispute.
Your landlord, freeholder or property management company.
If you live in rented accommodation and are unable to resolve a noise issue with your neighbour directly, your landlord may be able to provide assistance. It could be that your landlord also owns the property that your neighbour lives in, making it easier for them take action. Otherwise, simply having an extra person to assist you in resolving your noise problem can be helpful.
Homeowners in flats or other shared buildings may be able to take action through their Building Management company or freeholder. All residents have a responsibility to control noise from their property, and there will often be restrictions written into leasehold contracts to this effect.
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It's also worth noting that sometimes noise issues can be connected to breaches of leasehold contracts, which will be of interest to the freeholder or Building Management company. For example:
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As a means of controlling sound transmission, leasehold contracts in flats often prohibit wooden flooring, requiring carpets instead.
Some noise problems can be connected to modifications made to the property, for example knocking through walls to create open-plan spaces, allowing sound to travel more freely. Making alterations to flats usually requires permission.
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Could your neighbour be in breach of any contractual obligations?
What can (and must) your Local Council do to help?
Under the Environmental Protection Act 1990, Local Authorities are duty-bound to take reasonable steps to investigate noise complaints. The purpose of this investigation is to establish whether a Statutory Nuisance is happening, has happened or will happen in the future.
For the noise to count as a statutory nuisance it must do one of the following:
unreasonably and substantially interfere with the use or enjoyment of a home or other premises
injure health or be likely to injure health.
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Further reading on Statutory Nuisance can be found here on the Government Website.
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In undertaking their investigations, representatives of the council's Environmental Health department will visit the complainant's property and make an assessment of the noise, if it is present. If the noise is sporadic and it would not be practical to try and coordinate visits when the noise is present, council's may set up monitoring equipment, sometimes called 'noise nuisance recorders', to record the noise over a period of, say, a week. Often the equipment is configured so that the complainant can press a button when they start hearing the noise, and the equipment will begin to record at that moment.
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The decision on whether the noise satisfies the criteria of a Statutory Nuisance is often based on subjective observations. It is down to the Environmental Health Officer (EHO) to decide whether the council are in a position to take action.
Noise Abatement Notices
If the council agrees that the noise amounts to a statutory nuisance, they can serve an abatement notice to the individual or business responsible for the noise.
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The noise abatement notice may place time restrictions on the noise or require that the noise is stopped all together.
Roles and responsibilities in noise disturbance cases
Sometimes people choose to take legal advice from a solicitor on matters relating to noise disturbance, especially when other avenues have been unsuccessful such as when the council have been unable to act on the complainants behalf. Acoustic Consultants sometimes get involved in noise disturbance cases when there is a need for an independent assessment from someone with the qualifications and experience to advise on noise from a technical perspective.
Local Councils
have a duty to investigate certain types of noise complaints.
can establish whether a statutory nuisance has happened, is happening or will happen.
can serve abatement notices if they agree that the noise amounts to a statutory nuisance.
Solicitors
understand the laws around noise
are qualified to offer legal advice
can provide legal representation in or out of court.
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Solicitors are qualified to offer legal advice but do not need an in-depth technical understanding of sound.
Acoustic Consultants
have skills, experience and qualifications relating to the science of sound, noise and vibration.
are able to measure sound and provide an independent assessment of noise from a technical perspective
can act as an expert witness in noise nuisance cases.