If your life is made a misery by rowdy neighbours who regularly throw noisy parties or play loud music throughout the day and night there are now a range of measures you can use to silence their inconsiderate and selfish behaviour once and for all.
Under powers given to environmental health authorities, neighbours who make too much noise can be fined up to £5,000 or have their music systems confiscated. And if the noise is sufficiently severe and coupled with verbal abuse, unruly behaviour or threats of violence, a nuisance neighbour could now receive an antisocial behaviour order (Asbo) and face a term of imprisonment if they fail to comply.
It's good to talk
For most disturbances, though, such as barking dogs, loud music or DIY activities, the first step is to talk to the person responsible for the noise and point out the problem. People can be blissfully unaware they are disturbing you especially if you have poor sound insulation. You may find your neighbour only too glad to do what they can to reduce the noise.
Try mediation if you can't resolve the matter with your neighbour directly. An independent third party will listen to the views of both sides and help you reach an agreement without taking formal action. They might suggest a compromise such as having carpets or slow-closing doors fitted. Details of mediation services are available from your local authority or from Mediation UK.
If this is unsuccessful you will need to take the formal step of reporting the noise to your local environmental health department. It is under a legal duty to investigate and deal with any noise that amounts to a statutory nuisance. There is no set level at which daytime noise becomes a statutory nuisance but it must be prejudicial to health or cause a substantial interference with the quiet enjoyment of your home.
Typically, an environmental health officer (EHO) will consider the type of noise, how loud it is and how often and at what times it occurs. They will usually visit your home and hear the noise for themselves. If the noise is intermittent they may ask you to keep a record of it or leave some recording equipment to measure it.
If the EHO decides the noise is loud enough to amount to a statutory nuisance, an abatement notice can be served on the person responsible. This may require the noise to be stopped altogether or limited to certain times of the day. If your neighbour, without reasonable excuse, fails to comply with the notice they are guilty of an offence and can be prosecuted in the magistrates' court.
Once a noise abatement notice has been served, EHOs have powers to gain entry to your neighbour's property to stop the noise. They may, for example, turn off a burglar or car alarm which goes off repeatedly, or seize noise making equipment such as televisions or stereo systems.
Maximum fine
If your neighbour is prosecuted for statutory noise nuisance they face a maximum fine of £5,000 with a further fine of £500 for each day the offence continues after conviction. When the noise comes from industrial or trade premises the maximum fine rises to £20,000. And an EHO can seek an injunction in the high court if he or she considers a fine is an insufficient penalty to stop the noise.
If you are troubled by night time noise you can take advantage of a separate law under the Noise Act 1996 as amended by the Anti Social Behaviour Act 2003. This gives local authorities the power to investigate complaints about noise made between 11pm and 7am. These powers are in addition to existing statutory nuisance laws and not all local authorities opt to impose them.
Night time noise is measured against the World Health Organisation's definition of the noise levels that will prevent you getting a good night's sleep. Neighbours who exceed the permitted noise level are given a warning notice. If they fail to reduce the noise they face an on the spot fine of £100 and noise making equipment such as stereo systems can be confiscated. Obstructing confiscation carries a fine of £1,000.
Going to court
Sometimes the local authority will fail to take action because the EHO is unable to witness it or because the noise occurs only occasionally. You can complain to the magistrates' court yourself without involving the local authority under section 82 of the Environmental Protection Act 1990. This is relatively simple and cheap and you don't need to employ a solicitor, though you should get advice from your local Citizens Advice Bureau.
You must prove your case beyond reasonable doubt so it's important to keep a record of the dates and times and length of the disturbance. If you can get witnesses to make a statement this will strengthen your case. And a doctor's note showing the effect the noise is having on your health will also help.
All landlords whether social or private now have powers to take action against antisocial tenants. Antisocial behaviour includes noise nuisance as well as verbal abuse, graffiti and intimidation, so if you have a serious problem with a neighbour who is a tenant inform the landlord. Landlords can pursue the matter on your behalf by applying for an injunction to stop the noise or to evict the tenant.
If you are the victim of extreme antisocial behaviour including noise nuisance you should inform the police. Under the Crime and Disorder Act 1998 local authorities and the police can seek Asbos against residents who cause harassment alarm and distress to others. Disobeying an order carries a prison sentence of up to five years.
