Noise from neighbours can be irritating, annoying or at worse, very disturbing. Everyone has a right to reasonable enjoyment of their home and garden.
Noise from neighbours is a common source of nuisance. The main problems are barking dogs, loud music or TV, shouting, banging doors and DIY activities. Remember that no house or flat is totally soundproof - everyone can expect some noise from neighbours.
However, it is reasonable to expect:
not to have your nights sleep disturbed by noise;
to be protected from significant loss of amenities due to noise;
to have suitable trained staff where necessary to assess nuisance;
not to hear someone elses excessive noise in your property on a regular basis.
It is a fact of life that the sounds we all make every day, although acceptable to us, are likely to be unwanted by someone else. One person's music is another person's noise. Other nuisance noises include...
The playing of loud amplified music or loud television
Continuous dog barking
DIY activities for prolonged periods or at unreasonable hours
Continuous sounding car, house or commercial alarms
Excessive noise can reduce the quality of life and, in some extreme cases, can even destroy it completely.
Birminghams Environmental Health Department receives over 1000 complaints of noise each year. Noise is assessed, coming from a person or property, to see if it is unreasonable and causes a noise nuisance. The Environmental Health Department will then serve an abatement notice requiring the person to elliminate the 'unwanted noise'.
Failure to comply with the notice is likely to lead to a fine of up to £5000 and/or seizure of all noise making equipment and accessories (e.g. hi-fi's and CD's).
How are noise nuisance complaints investigated?
Environmental Health Officers discuss the problem with the complainant and may ask you to complete Noise Record Forms, in the form of a diary, for a period of time. These help to identify how long the noise goes on for and what effect it has your enjoyment of your home life. The Department of Environment, Food and Rural Affairs website provides useful information on noise including a downloadable booklet 'Bothered by Noise', which offers important advice on dealing with noise problems.
The Environmental Health Department try to resolve noise problems informally where possible and initially they may contact the person causing the noise to make them aware that complaints have been made to us.
If the noise persists after an individual has been advised/warned, Environmental Officers will attempt to gather evidence to prove that the noise complained about is what is termed a 'statutory noise nuisance'. During normal office hours, Officers may attempt to visit and personally witness the noise. Out-of-office hours they may install sensitive noise-monitoring equipment eg. tamper-proof tape recorders that make recordings which are identical to what the human ear would hear. Another option available to them is to put the complainant on the 'Rapid Response Register', where the complainant can call-out an Environmental Health Officer to witness the noise nuisance. The 'Rapid Response Register' operates:
Sunday - Thursday 7.00pm to 1.00am
Friday - Saturday 8.00pm - 3.00am
In some cases evidence given by independent third parties who may have witnessed the noise nuisance whilst at your property, for example from Police Officers, other City Council officials or health service workers.
If the noise is a statutory noise nuisance – what happens next?
If it is proven the noise is a statutory nuisance Environmental Officers are required to take action under Part III of the Environmental Protection Act 1990 and this would normally mean serving a Noise Abatement Notice on the person(s) causing the noise nuisance. This can be the actual person causing the noise or any person who is allowing the noise nuisance to occur, for example the landlord of a property with noisy tenants. The abatement notice would require the statutory nuisance to be stopped and/or prevented from occurring again. If someone is found guilty of failing to comply with an abatement notice they can be fined up to a maximum of £5,000 for domestic noise and up to £20,000 for commercial noise. If an abatement notice is served because of excessively loud music, but the problem continues, the Environment Department will normally also seize all the sound equipment that is causing the problem. Depending on the circumstances they may charge the perpetrator £100 for return of the equipment or alternatively they may prosecute the person and ask the Courts permission to have it destroyed.
If you require further advice or assistance on noise problems contact the Environmental Health Office
e-mail : publichealth@birmingham.gov.uk