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
4. Complaining to a magistrates’ court
If, for whatever reason, the local authority does not take action, or if you do not wish to involve them, you can complain about a noise problem direct to a magistrates' court. The magistrates’ court will need to be persuaded that the noise problem amounts to a statutory nuisance.
It is important that you keep a written record of the dates, times and duration of the noise, as well as a description of it and the distress it causes you. Before you complain to a magistrates' court, you should take the steps described in the section ‘Approaching your neighbour’, on page 5.
The first step to take when thinking about taking action through a magistrates' court is to seek advice from the clerk at the court. Before you start legal proceedings, you are required to write to the noise maker and explain that you intend to take legal action.
The noise maker must receive three days’ written notice before you begin proceedings.
What happens at court?
If you win the court case, the court will issue an order telling the offender to stop the noise nuisance and what they have to do to achieve this. The court may also give the noise maker a fine.
If the court finds that the nuisance existed at the date of making the complaint, they may award you the reasonable costs incurred by you in bringing the action against the noise maker. If you do not win, you may have to pay your own costs and the costs of the person you have taken to court.
What if the noise carries on?
If someone breaks the rules of an abatement order and carries on making noise without a reasonable excuse, they will be guilty of an offence and can be fined.
Page last modified:
12 July 2006
Page published: 5 September 2001