Noise Complaints Procedure FAQ
What level of volume can I play my music at?
There are no specific levels at which anyone can play music or generate noise. Under the Environmental Protection Act 1990 a statutory nuisance is defined as 'noise emitted from premises so as to be prejudicial to health or a nuisance'.
There are a number of factors that are taken in to account in determining if the noise constitutes a statutory nuisance. These include:-
- How loud the noise is. If it can be clearly heard outside of your property or through an adjoining wall, then it is likely that it is too loud and may constitute a nuisance.
- The time of day or night. If the noise is occurring during the middle of the night then it is more likely to cause disturbance than if the same noise was occurring during the day. Additionally, Sundays and Bank Holidays are traditionally seen to be quieter days when noise can become more intrusive.
- The duration and frequency. If the noise is continuing on a regular basis it will be more likely to cause disturbance and constitute a nuisance.
- The nature of the music. Not everyone likes the same music and some types of music and stereo systems can produce very high bass levels. This low frequency noise can then travel further distances and in particular though walls, causing a lot of disturbance due to the 'thudding' nature, of the noise.
What can I do to make sure I don't cause a nuisance?
There are a number of ways that you can try to be a good neighbour. Here are some tips to help:-
Top tips to help being a good neighbour:
- Music
Keep the volume as low as possible, especially at night, and consider using headphones. Ensure the bass beat is controlled, as it can be the most annoying part.
- DIY
Limit the use of noisier operations to the day and let your neighbours know beforehand if you are carrying out such work in or outside the home.
- Alarms
To prevent unnecessary disturbances ensure the alarm is fitted with a 20 minute cut-off device and the names of two key-holders are lodged with the police.
- Parties
Ensure the neighbours are aware of the event beforehand. Keep music turned down to a reasonable level throughout the party. Party goers should go home quietly.
- Dogs
Don't let your dog bark or whine for long periods. Check with your neighbours whether it is causing a problem or not.
- Cars
Don't rev the engine excessively, use the horn only for emergencies and ensure music levels are kept down.
- Domestic Appliances
Keep washing machines away from party walls and place them on carpet/rubber mats to reduce vibration.
- Lawn Mowers
Mow the lawn and use garden power tools at a reasonable time - not early mornings or late at night.
- TV
Keep the volume at a level that you can hear comfortably but which cannot be heard in the adjacent property. Many modern televisions, especially televisions with surround sound speakers and sub woofers, have increased bass frequencies. Try to avoid locating the television/surround sound speakers on or near a party wall.
- Children
If children are playing outside, ensure they are considerate to other neighbours, especially by throwing/kicking balls against walls of neighbouring properties.
What if it isn't possible for the council to witness the nuisance?
In some occasions, due to the irregular pattern of the noise, it may not be possible for an officer to witness the problem. This does not mean that there is not a problem, only that the officer has been unable to witness the problem and the Council would not be able to take any further action.
However, you can still take your own action by making a complaint direct to the Magistrates Court under Section 82 of the Environmental Protection Act 1990. This can be done by contacting the Justices' Clerk's Office at the Local Magistrates Court.
This can be quite simple and you do not have to employ a solicitor, although it is advisable to obtain some legal advice, particularly for the level and detail of evidence required.
Do the same rules apply to business premises as for domestic properties?
The law in relation to business premises is slightly different in that they do have a defence against any action if they have taken the 'Best Practicable Means' to prevent the noise. There are a number of factors that would need to be considered for this, including the cost of remedial measures, how practical they are, whether the measures are possible and also how much of a reduction in noise levels would be achieved.
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