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Domestic Noise Nuisance
Domestic Noise Nuisance
What can you do?
If your neighbour’s noise is disturbing you first try and approach the person causing the noise and explain politely that you are being disturbed. Many people are often unaware that their activities are causing disturbance and respond positively to any polite request.
If the problem continues start keeping a noise diary recording dates and times of the noise and how it affects you.
Take care to include start and end times. If your direct approach to your neighbour has failed you may wish to write to them explaining the problem. Keep copies of any correspondence that you send and make notes of any conversations.
If your neighbours are tenants you may wish to contact the private landlord or letting agency, Housing Association or our Housing Department as there may be conditions of tenancy that are being breached.
If you believe that the occupiers of the property are students at Kingston University you may wish view their web page
Email environmental.health@rbk.kingston.gov.uk,
Online: please complete our online form
Address:
The Royal Borough of Kingston upon Thames
Environmental Health Service
High Street
Kingston upon Thames
KT1 1EU
We have a legal duty under the Environmental Protection Act 1990 to take reasonable and practicable steps to investigate a complaint of noise received from a person living within its area, but unfortunately we are unable to respond to anonymous complaints. You should be aware that while we keep your name and address confidential in the initial stages of an investigation, should we proceed with formal action against your neighbour it is likely that you will be asked to complete a witness statement and, if necessary, appear in Court. It is unlikely that we will be able to proceed formally with an investigation if you are unwilling to appear and describe how the noise affects you. It is at this time that your identity will unavoidably be released. In some situations your identity may also became apparent from the description of the noise.
If you contact us and there is currently no noise investigation relating to this address you will be asked to complete a noise diary for a certain period of time, usually 3 weeks. If you are experiencing regular disturbance late at night you may submit your diary after about one week. Upon receipt of your diary, or if there is an ongoing investigation or a recent history of one the investigating officer will speak to you about your problem and discuss in detail the disturbance you are suffering. They will make an assessment to judge whether there is a likelihood of us being able to prove the existence of statutory nuisance and proceed with formal action.
We may write to your neighbour advising them of the complaint and the nature of the disturbances that are being alleged. In the event of continuing disturbances you will be asked to continue completing your noise dairy and we will attempt to witness the disturbances. If the noise occurs during office hours this may be through personal visits to your home, otherwise officers may provide you with noise monitoring equipment to enable noise levels to be measured and for you to make recordings of the noise that is disturbing you.
In reaching a decision that a statutory nuisance exists we will examine the facts of the complaint, the evidence compiled during the investigation and consider any legal precedents. Should we decide to prosecute, following contravention of an abatement notice, the burden of proof is onerous because the Environmental Protection Act falls under Criminal Law for enforcement requiring evidence to a level which is beyond reasonable doubt rather than in Civil Law which accepts proof based upon the balance of probability.
What constitutes a statutory nuisance?
A statutory noise nuisance is a noisy disturbance that materially, and therefore significantly, interferes with a person’s lawful rights to the enjoyment of their home. Audibility alone is not necessarily an indication of nuisance as neighbours living in close proximity are always likely to be aware of each other’s activities and it is not reasonable to expect a silent environment. Nuisance is judged from the viewpoint of the average person’s sensitivity to noise and no allowance can be made for people on shift work or those with particularly sensitive hearing. Case law also requires that the noise must arise from the unreasonable behaviour or conduct of the person responsible. The law does not specify noise levels or set time limits but requires an objective judgement to be made by us based upon factors such as:
- How often the noise occurs
- Its duration
- How loud it is
- The time of day/night
- The character of the noise (whether it has any particularly annoying characteristics)
- The nature of the area
We must also consider the reasonable likelihood of us being able to gather the necessary evidence to witness the noise which in the case of random or short lived noise occurrences is rarely possible.
We can take action for noise disturbance from:
- Amplified music
- Barking dogs
- Noise from DIY activities
- Audible Intruder Alarms
We cannot take action for lifestyle noises such as:
- Footfalls
- Dropping objects/moving furniture
- Light switches being switched on/off
- General talking
- Shouting and singing, except in cases where disturbance is caused frequently at night (after 11pm) and for prolonged periods
- Slamming doors
- Toilet flushing
- Babies crying
- Children playing
This is because case law from the House of Lords states that noise from the ordinary and reasonable use of residential premises cannot be considered a nuisance. Case law also prevents us from requiring any owner or occupier of premises from carrying out works to improve sound insulation.
What happens next?
- If we are satisfied that a Statutory Nuisance exists, or is likely to occur or recur we must serve an Abatement Notice on the person responsible that requires the nuisance to be stopped or prevented from occurring. This action may be deferred for up to 7 days where it is considered that the nuisance may be abated voluntarily by the person responsible. A person who fails to comply with the requirements of the Notice may be prosecuted in the Magistrates Court and be liable on conviction to a maximum fine of £5,000.
- Any recipient of a Notice has the right of appeal to the Magistrates Court within 21 days. At an appeal hearing the Magistrates will listen to the evidence justifying our action. You are likely to be requested to provide a witness statement in support and, if necessary, appear in Court. If the appeal is successful the Magistrates may vary the requirements of the Notice or withdraw it completely and may award costs to the appellant. If the appeal is unsuccessful the Notice remains in force and we may be awarded costs.
- If, after service of the Notice, the noise continues we must gather evidence to prove that the Notice is being contravened. You will be asked to continue keeping your noise diary and officers will attempt to witness the noise through visits and use of the recording equipment. We consider each contravention in the context of our Enforcement Policy and will decide the appropriate enforcement option. This may be through a formal caution, seizure of equipment or prosecution in the Magistrates Court, where again you will be requested to support us by providing a witness statement and, if necessary, appear in Court.
- If your neighbour is a tenant of a Housing Association or ourHousing Department the evidence gathered and action taken by us may be used by them to initiate any possession proceedings against your neighbour.
What happens if we cannot take action?
If, after completing our investigation, we consider that there is insufficient evidence to prove the existence of a statutory nuisance or indicates that the noise is not a nuisance in law, we will advise you and our investigation will be closed.
However, Section 82 of the Environmental Protection Act allows you to take your own action by complaining directly to the Magistrates Court. You would have to produce evidence to satisfy the Court that the noise problem amounts to a nuisance.
If you decide to take this action you must give the person responsible for the noise at least three days written notice of your intention to complain to the Court and the nature of your complaint. This letter can be delivered by post or by hand and you should keep a copy for your records. We can provide you with an example letter for your assistance.
If, after a few weeks, there has been no improvement you can then consider contacting the Court. You will need to tell them that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. Contact details of the Magistrates Court is provided below. The full procedure will be explained by the Court and you are likely to be asked to demonstrate that you have evidence of the problem. Section 82 can be viewed at the Office of Public Sector Information (OPSI) web site, see Related External Links.
The Court will then make a decision as to whether a summons should be issued and you may be asked to serve this on the person responsible for the noise. The summons will state the date and time for the hearing.
At the hearing, both sides will be able to give evidence, call witnesses and have legal representation. If the Court decides that you are suffering a noise nuisance it will make an order which will require the person to stop causing the noise and state any measures or work that will have to be carried out to achieve this. The order may also prohibit the recurrence of the noise.
The person responsible may also be fined at this point. You would usually be awarded your costs in bringing the case. If your neighbour then breached the Court order and you are able to provide evidence demonstrating this he or she will be found guilty of an offence and may be fined. Alternatively, if the case is not proven and is dismissed, you will have to pay your costs and you may also have to pay the costs of your neighbour.
It is not necessary to employ a solicitor, provided you feel confident to explain the situation to the Magistrates bench yourself. You should be aware that your neighbour may have legal representation even if you do not. If you feel unsure of your ability to act yourself you can approach the Citizens Advice Bureau and discuss it with them.
Mediation
As an alternative to proceedings in Court you may wish to explore the possibility of mediation. We provide a free service for our tenants otherwise you can contact a local mediation service for advice, see contact details below. There may be a charge for this service. Housing Association tenants should contact their Estate Managers.
Further Information
Noise Abatement Society
Flat 2, 26 Brunswick Terrace
Hove. BN3 1KJ
Email: n_a_s@btconnect.com
www.noiseabatementsociety.com
Environmental Protection UK (formerly the National Society for Clean Air)
44 Grand Parade, Brighton. BN2 9QA.
Tel: 01273 878770
Email: admin@environmental-protection.org.uk
http://www.environmental-protection.org.uk
Department for Environment, Food and Rural Affairs (Defra)
Customer Contact Unit
Eastbury House
30-34 Albert Embankment
London. SE1 7TL
Tel: 08459 33 55 77
Email: noise@defra.gsi.gov.uk
http://www.defra.gov.uk/environment/noise/index.htm
For information about sound insulation:
Building Research Establishment
http://www.bre.co.uk/filelibrary/cap/soundins_homes.pdf
Building Performance Centre at Napier University
http://www.arcamedia.co.uk/html/hsi.html
South West London Magistrates Court
South West Administrative Centre
176A Lavender Hill
Battersea
SW11 1JU
Tel: 020 8946 8622
Kingston Citizens Advice Bureau
Neville House
55 Eden Street
Kingston upon Thames
KT1 1BW
Tel: 0870 1264019
MEDIATION SERVICES
Treq Solutions
Trevor Quy
07894 084234
Email: Trevor@Treq.co.uk
Peaceworks
Becky Rust
Programme Coordinator
01243 820604
Email: becky@peaceworks.org.uk
Hillingdon Community Mediation
Denis Judge
01895 446611
Email: www.hcmediation.co.uk