What can be done about noise nuisance?
We receive a large number of noise reports each year including noise from barking dogs, loud music, shouting, banging doors, DIY, construction and noise from industrial and commercial premises.
No property is totally soundproof and everyday living will give rise to noise from time to time. It is normal to hear some noise from your neighbours, and they from you, but sometimes this can go beyond what is ‘normal’. If the noise levels become unreasonable they may constitute a statutory nuisance.
Under Section 79 of the Environmental Protection Act 1990, we have powers to deal with statutory noise nuisance. Usually the noise will need to be coming from private land or property to allow us to act, but there are some exceptions to this, for example car alarms from cars parked on the road.
On this page
— What is a statutory noise nuisance?
— What is unlikely to be a statutory noise nuisance
— Noise we have no control over
— What you can do about noise nuisance
— How will my report of noise be investigated?
— Keeping the noise down
What is a statutory noise nuisance?
This cannot be easily defined, but is often described as the unreasonable interference with the normal enjoyment of your property. The noise would generally have to be occurring regularly or over a continuing period of time to be considered unreasonable.
There are no set noise levels (decibel levels) in relation to noise nuisance. Each case is judged on what might be reasonable and normal for the situation and we will take into consideration various factors such as:
- When the noise is occurring
- The duration of the noise
- How often it occurs
- The type of noise
- Location
- Whether there is a social acceptance (for example; a New Year's Eve party, church bells etc).
Unfortunately there is no added protection for shift workers or for people who are studying or ill and may want or expect more peace and quiet than may be normal.
What is unlikely to be a statutory noise nuisance
Noises that are unlikely to be covered by statutory noise nuisance would include:
- A one-off party
- Neighbours arguing
- A lawnmower being used
- A baby crying.
Noise we have no control over
Noise that we have no control over includes:
- Road traffic / engine noise on the public highway
- People noise on a public road or footpath
- Air traffic noise
- Fireworks.
What you can do about noise nuisance
If your neighbour (or neighbouring business) is causing you a regular or significant noise problem it is generally worth approaching them to explain politely that you are bothered by the noise. It might be that your neighbours are unaware of the disturbance they are causing and most will be willing to do what they can to reduce the noise. You are not obliged to do this, but it may help neighbour relations in the longer term.
If this doesn’t work, or you are unsure about approaching your neighbour, you can contact us to request our assistance by using our online form:
- Online: Report an issue
- Email: eh@winchester.gov.uk
- Telephone: 01962 848 097
How will my report of noise be investigated?
Initially, we will contact the neighbour to see if they are aware of an issue and to try, where possible, negotiate a resolution to the problem. In some cases, mediation may be offered. You may be asked to make a record of dates and times of the noise, together with a description of its impact on you.
If this is not successful and you continue to be disturbed, we will gather more evidence (often in the form of sound recordings) and if the evidence is sufficient, we will serve a formal notice requiring the noise nuisance to be abated within a certain time period.
Breaching a noise abatement notice is a criminal offence and punishable by fine or imprisonment by a Magistrates Court.
Keeping the noise down
If you have been the source of a noise disturbance, here are some tips on how to minimise the noise you may be making:
Do:
- Be aware of your neighbours when you are doing something noisy or let them know beforehand (for example if you are holding a party)
- Keep the music volume down, especially after 11pm, or use headphones
- Remember if you live in a flat or maisonette that noise and vibration can travel easily through walls and floors
- Pull TV’s and speakers away from walls and off floors
- Keep musical instrument practices short and at respectable times
- Be respectful of your neighbours when returning home after 11pm
Don't:
- Carry out noisy DIY before 8am or after 9pm. Try to avoid noisy DIY on Sundays
- Play music at a level which could be heard by your neighbours
- Have frequent noisy parties in your home
- Leave dogs alone for long periods
- Sound car alarms, slam doors or rev engines at night
- Use vacuum cleaners or washing machines late at night