Noise and Nuisance
Bothered by noise?
Contents
- About this booklet
- Approaching your neighbour
- Complaining to your local authority
- Complaining to a magistrates' court
- Useful contacts
3. Complaining to your local authority
If talking doesn’t work, the most common kind of formal action is complaining to your local authority about the noise problem.
Local authorities have a wide range of legal powers to act against noise and noisy neighbours. Under the law, local authorities have a duty to deal with any noise that they consider to be what’s known as a ‘statutory nuisance’. In general terms, this means that they can deal with most problems of noise where an individual’s behaviour is concerned.
It is a council’s duty to take reasonable steps to investigate complaints about noise coming from the following:
- land (such as construction sites)
- buildings
- vehicles (excluding general traffic noise)
- machinery or equipment in the street, such as construction equipment, roadworks and outdoor sound equipment
Under the Noise Act 1996 and the Environmental Protection Act 1990, the council’s powers to seize equipment are set out in detail. They are able to seize noise-making equipment and issue financial penalties to those responsible.
What do you do to complain?
To complain about noise, do not contact emergency services on 999. You should contact your local authority, usually the environmental health department. The number will be in your local telephone directory.
If they visit or witness the noise and agree that it is a statutory nuisance, they must take immediate action. If the noise happens from time to time, they may ask you to keep a diary of when the noise happens, or leave equipment to record it. Sometimes they will measure the noise as part of their investigation into a complaint. There is no set level at which noise becomes a statutory nuisance.
How a local authority can act on noise
If the local authority thinks that the noise is a statutory nuisance, or that a statutory nuisance is likely to occur or recur, they must serve an abatement notice - which is an order to deal with the nuisance.
This may demand that the noise stops altogether or only happens at certain times of the day. A person can appeal against an abatement notice within 21 days of it being served.
A local authority can put off serving an abatement notice for up to seven days from when they decide that a statutory nuisance exists. This might be so that they can try to talk to your neighbour about the problem or so that they can use other legal powers.
Your local authority has to take steps to deal with the issue within the seven days. If these don't work, the local authority must serve an abatement notice.
If the noise continues
If a person receives an abatement notice but carries on making noise without a good reason, they will have committed an offence. The courts and the police have a range of powers they can use to punish the offender.
Courts can impose fines of up to £5,000 for individuals and £20,000 for businesses.
In certain circumstances, where the noise maker is aggressive or violent, local authorities can work with police to issue an anti-social behaviour order, which aims to stop an individual behaving anti-socially.
For more information, go to: www.crimereduction.gov.uk/asbos9.htm
TOGETHER is a campaign across England and Wales that takes a stand against anti-social behaviour and puts the needs of the local community first. The TOGETHER ActionLine is available every weekday on 0870 220 2000, to provide information and discuss solutions and best practice to help organisations tackle anti-social behaviour throughout England and Wales.
The ActionLine an also be contacted at: Together@homeoffice.gsi.gov.uk
ASBOs would not be the first step in a case where noise nuisance is the main problem. However, they are a way of tackling more serious anti-social behaviour, which may include making noise.
Complaints about the local authority
Your local authority aims to work with you to resolve noise problems.
If you are unhappy about the way they have handled the case, find out about the formal complaints procedure of your local council and make your complaint.
You can also complain to the Chief Executive Officer of the local authority or talk to your local councillor.
If you are still not satisfied about the way your complaint has been handled, you can ask the independent Local Government Ombudsman to look into your case. In certain circumstances, they may investigate complaints against local authorities and use their powers to check that the local authority followed the correct procedure under legislation.
For further information please call their advice line number 0845 602 1983 or go to their website www.lgo.org.uk
Page last modified:
12 July 2006
Page published: 5 September 2001