Garden nuisances

Reporting Noises From Chickens

The Law

If you own a cockerel, you must ensure that the crowing does not cause a statutory noise nuisance. In considering whether a statutory nuisance exists, Environmental Health Officers consider a number of factors including:-

• The nature of the area – cockerels have been part of the English countryside for generations and to some extent part of country life and its charm. This is not to say that nuisance cannot be caused in the country, but an odd cockerel crowing in an isolated rural location is less likely to be considered a nuisance when compared to cockerels kept in more built-up residential environments such as towns and villages.
• Time of day – it is more likely that the law will consider nuisance is being caused if a cockerel is crowing at unsocial hours, e.g. at night, early morning or late evening.
• Duration – it is more likely that the law will consider nuisance is being caused if a cockerel is crowing for long periods. This is more likely when there is more than one cockerel in the vicinity because the birds compete with each other.

Investigating Complaints

If the local authority receives a complaint about noise, they are obliged by law to investigate it. This may include:-

• Asking the complainant to note downtimes that they are being disturbed.
• Officers from Environmental Health undertaking visits to witness the disturbance.
• The use of noise recording equipment in nearby premises.

 If noise from a cockerel or cockerel's is subsequently deemed to be causing a Statutory Nuisance under the Environmental Protection Act 1990, an Abatement Notice may be served upon the owners, requiring them to stop the disturbance and if not complied with, they could face being taken to Court. Fines issued by the Courts for non-compliance with an Abatement Notice can be quite substantial (up to £5,000 for domestic offenses and up to £20,000 for commercial offenses).

For more information on how to raise a noise nuisance complaint, visit the noise issues page.

Advice on Keeping Cockerels and Chickens

Noise complaints from crowing cockerels are more frequent during the spring and summer months due to the longer daylight hours. It is more likely that the law will consider a nuisance is being caused if a cockerel is crowing at unsocial hours, such as at night, early morning or late evening. The keeping of cockerels in a built-up area is likely to give rise to complaints. If anyone is affected by noise from a cockerel at a neighbouring property it is best initially to try and resolve it informally by discussing it with the owners.

What Can Owners Do to Help?

It is always worth remembering that it is not necessary to have a cockerel for chickens to produce eggs. It is also a mistaken belief that chickens lay better when there is a cockerel around. Where possible, cockerels should be kept as far away as possible from neighbouring property. Cockerels tend to crow from first light and it is early morning crowing that typically gives rise to complaints. A cockerel can be put into a hen house or coop at night, the bird, therefore, cannot see the dawn light and will not know when to start crowing. The coop should be kept as dark as possible, if the cockerel is let out later in the morning rather than being free-roaming, this can delay the early morning crowing. The cockerel should not be let out until a reasonable hour, for example, 8:00 AM would be a good time to aim for in most situations. If this alone does not work, a high-level shelf could be put in the hen house to allow the cockerel to walk around at normal height, but preventing it from stretching its neck to make the crowing sound. Other cockerels in the area will try to compete with each other and this can increase crowing, therefore ideally only have one cockerel yourself. If a number of different cockerels are kept on the same land, this can cause increased noise problems. Consideration should be given to separate coops for each breed when the cockerels are shut in at night the smaller cockerels and chickens could be in a coop with a lower ceiling height than for the bigger breeds.

Cleanliness

Food and water left out for poultry may attract vermin such as rats and mice and chicken houses may also provide shelter for rats and mice. To prevent this from happening, owners should make it a part of their regular routine to clean the shelters and remove uneaten food. Food should be presented to birds in a fixed and stable container, rather than scattering it on the ground. Stocks of food should be stored in pest-proof containers until ready for use. Under the Prevention of Damage by Pests Act 1949, there is a general duty to keep the property free from rats and mice. In the summer, poorly-kept poultry may result in unpleasant odours which can attract flies. These can become a nuisance to neighbouring households.

Security

Owners of poultry should take practicable steps to ensure that poultry is not allowed to stray beyond the boundary of their own land.