Almost everyone has neighbours where they live. Unfortunately, not everybody is a good neighbour and it is more common than you think to experience noise and disturbance in your own home. Whether it is a dog barking all night long or loud music blasting into the early hours, no one deserve to feel agitated in their home. This can lead to unpleasant disputes with the people that live next door to you, making you feel uncomfortable and unhappy with where you live.
But you do not have to consider moving straight away. The best thing you can do is speak to your neighbour to see if they can be reasonable about the noise. Perhaps they do not realise how disturbing they are being or are willing to make changes so that you can get along. It is possible to resolve the dispute without taking it any further. As a last resort when you cannot make any progress, you can turn to legal redress to improve your living situation. If you are in the UK, this starts with a noise disturbance complaint.
The Law Surrounding Noise Complaints
Nobody wants to hear loud, disturbing noises when they are trying to relax in their home. The law recognises this. A range of noises can amount to unwanted sound. It can be anything that is too loud or repetitive, whether it is music, machinery or animals. In English private law, a noise will become a nuisance if it is
an unlawful interference with a person’s use or enjoyment of his land, or some right over, or in connection with, that law(Read v Lyons).
If you find yourself in a position that noise is becoming a nuisance to you, it is best to go to your local council to make a noise disturbance complaint. They are required to investigate all complaints that fall under a ‘statutory nuisance’. This is contained within the Environmental Protection Act 1990 and includes noise from premises or vehicles, as well as machinery or equipment. In order for the noise to be classed as a ‘statutory nuisance’, it must be
prejudicial to health or a nuisance,
as well as generally be unreasonable. Always think about whether someone else would find the noise irritating before reporting it to your local council. This will avoid any disappoint.
If the council agree that it is a statutory nuisance, they will serve an abatement notice. This is a warning that is given to the person that is making the noise, whether they are the owner of the land or making the noise themselves. It might warn them that they should stop making the noise through suspending activities or limit the amount of time that it is on for and causing a disturbance. If the person does not comply with the abatement notice, they will face penalties for their actions. This includes a substantial fine and prosecution.
Most noise complaints are dealt with by the local council as opposed to the police. They are viewed as an environmental health matter. However, if the noise escalates, it may be considered a breach of the peace or anti-social behaviour. This would mean action could be taken under the Anti-social Behaviour, Crime and Policing Act 2014. This will be:
conduct that has caused, or is likely to cause, harassment, alarm, distress to any person.
Noise Disturbance Laws in Other Countries
Other countries have their own laws when it comes to noise disturbance. For example, California Noise Laws are contained in Health and Safety Code 46000. This states that you are entitled to a peaceful and quiet environment. There should be no intrusion of noise. There are also local laws that exist, which normally include a quiet time during the day when loud noises should cease. This is usually between 11 pm to 8 am.
In Spain, any noise disturbance is an infringement on Fundamental Rights of Privacy in the Spanish Constitution. This will be noise that is prolonged at high levels, as well as being classed as avoidable and intolerable.
Referencing:
Anti-social Behaviour, Crime and Policing Act 2014
Environmental Protection Act 1990
Read v Lyons
California Noise Laws, Health and Safety Code 46000
Spanish Constitution