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Wednesday, 3 October 2023

Dealing with a noise nuisance

If you are having a dispute with your neighbours over noise, you may need to get your local council involved. Get advice on what steps to take, and find out what practical and legal solutions there are to help you resolve the problem.

Problems with neighbourhood noise

If you're having a problem with noise in your neighbourhood, your council can help you. Common noise nuisances include:

  • loud music
  • loud pubs, clubs or parties
  • dogs that constantly bark, whine or howl

For most types of noise, the process of resolving the problem is the same.

Talk to the person responsible for the noise

Before registering a formal complaint, it’s a good idea to try talking to whoever is responsible for the noise.

If you find this intimidating or would like some support, various community mediation services are available. For advice on how to access these services, see ‘Solving a dispute with a neighbour: an introduction’.

Report the noise nuisance to your council

Your council has a duty to take reasonable steps to investigate noise complaints

If you can’t resolve the problem, contact your local council. Usually, their environmental health department deals with noise issues and will give you practical advice.

Each council approaches complaints differently and should be able to give you information about their complaints procedure.

It's important to establish the facts. Make a record of where the noise is coming from, at what time and the reasons for it. Some councils will give you a noise record sheet to note the problems.

The ‘Report a noise nuisance’ link will take you to your local authority website where you can find out more.

How your council deals with ongoing noise problems

The maximum penalty for not obeying an abatement order is £5,000 for domestic premises

The assessment of noise nuisance is based on:

  • whether it is 'reasonable', bearing in mind the locality
  • how often noise occurs
  • how many people are affected

Each case is judged on its merits and is based on the sensitivity of the average person.

Abatement notices

If your council decides the noise is a statutory nuisance, they're legally obliged to serve an abatement notice. This sets out what's required of the person causing the nuisance. For example, if the issue is loud music, the person may be asked to stop the noise or only play music between set times.

An abatement notice for noise can be delayed by seven days to give the council time to persuade the person to stop the noise nuisance. If this isn’t successful, an abatement notice must be served at the end of this period.

In some cases, the council may not need to prove a statutory nuisance where a premises holds a public entertainment licence. The council can take action against a premises that operates outside its licensing agreement.

To find out what defines something as a ‘statutory nuisance’ – and other actions you can take if it is – see ‘Solving a dispute with a neighbour: an introduction’.

Penalties for disobeying an abatement order

The maximum penalty for not obeying an abatement order is £5,000 for domestic premises and £20,000 for industrial, trade or business premises. In extreme cases, prosecutions can be made for anti-social behaviour, if the police have enough evidence.

If you’re unhappy with your council’s response

If you feel your council hasn’t properly investigated your noise complaint, you can contact the Local Government Ombudsman. Follow the link ‘Making a complaint against a local council or authority’ to find out more.

If you have a complaint made against you

If you have a complaint made against you, it’s not automatically the case that you’ll be found to be causing a nuisance. Councils will take an impartial and professional view about whether the noise can be considered reasonable under the circumstances. Complaints must be investigated before any decision can be made.

Commercial noise and noise from traffic

Noise pollution from trade and business premises (for example, noisy machinery, pubs and clubs) is dealt with similarly to that from domestic premises.

If you are having problems with noise from road traffic or railways, you may be eligible for a noise insulation grant from your local council. You can find out more in 'Traffic noise pollution'.

Noise from industrial sites

The Environment Agency regulates noise (as well as odour, smoke, light and insects) from larger factories and waste sites. These sites must obey certain noise conditions and produce a noise management plan.

The Environment Agency keeps a record of any noise monitoring and management plans submitted by the operators.

Local authorities regulate pollution from all other factories. You can find out more by contacting your local council.

Noise maps

On the Noise Mapping England website, you can find interactive maps for cities and large urban areas. You can search by postcode and view airports. You can also download maps for the major transportation links between cities and large urban areas.

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