There’s nothing quite like the peace that nighttime brings, but noisy neighbours can quickly ruin that sense of calm. While some noise during the day is normal, it’s a different story when it continues late into the night. It can be incredibly frustrating and even impact your mental health over time. That's why it's important to know your rights when dealing with noise disturbances, especially after 11 pm.
This article outlines:
Rights around noise after 11 PM
Steps you can take to handle noisy neighbours the right way
Legal actions and remedies
The potential challenges in addressing noise complaints.
Legal Rights Regarding Noise After 11 PM
The UK has specific laws that address noise complaints after 11 pm, with the Noise Act 1996 being one of the primary pieces of legislation. Under this act, night hours are defined from 11 pm to 7 am, and councils have the authority to issue warning notices if noise exceeds permitted levels during this time. The acceptable noise levels are:
34 dBA (decibels adjusted) if the background noise level is no more than 24 dBA
10 dBA above the background noise level if it exceeds 24 dBA.
Local councils can investigate noise complaints, and if they find that the noise exceeds permitted levels, they may issue a warning notice. This notice must inform the individual that the noise is occurring between 11 pm and 7 am, that it exceeds or may exceed permitted levels, and specify a time by which the noise must be reduced.
If a tenant fails to comply, councils have the authority to issue fixed penalty notices, with fines ranging up to £110 for dwellings and £500 for licensed premises. If the tenant still doesn't comply, further action can be taken, including prosecution, which can lead to fines of up to £1,000 for dwellings.
The Noise Act 1996 is also enforced by local authorities who have the power to take action against noisy individuals or organizations. In cases where noise from licensed premises (like pubs or clubs) is the problem, councils can review or even revoke licenses if complaints are not addressed properly.
Steps to Take When Dealing with Noisy Neighbours
Dealing with noisy neighbours can be quite stressful, but there are several steps you can take to handle the situation effectively:
Document the noise: Start by keeping a noise diary, where you note down the type of noise, the times and dates it occurs, and how it affects you. This will serve as solid evidence if you need to escalate the issue later. You can also gather evidence through photos, videos, and voice recordings. This documentation will be helpful if you decide to pursue legal action.
Approach your neighbour: Before escalating the issue, try to settle things amicably with your neighbour. However, you should only approach your neighbour if you feel safe and comfortable. You can communicate with them physically or through texts and calls. If you’re approaching them physically, it’s best to take someone with you for support. This person can also serve as your witness if required.
Contacting local authorities: If talking to your neighbour doesn’t work, you can contact the local authorities as a last resort. This is where the evidence you’ve gathered will come in handy. It’ll also help to have witness statements to back your evidence. After looking at all the evidence, the authorities may then send a noise patrol team to investigate the situation or even install noise monitoring equipment where necessary.
Involving the police: If the noise issue involves anti-social behaviour or larger disturbances, such as loud parties, you may need to involve the police. This is especially important if you feel your safety is at risk, as they are equipped to handle such situations more effectively.
Legal Actions and Remedies
Sometimes, trying to resolve noise issues with your neighbour doesn’t work, and you might need to take things further. Here are some legal actions and remedies available to you:
Noise Abatement Orders: In response to statutory noise disturbances, you can apply for a noise abatement order through your local council. This process typically starts with the local council investigating your complaint. If they find the noise unreasonable, they can issue an order requiring your neighbour to stop or reduce it. If your neighbour ignores this order, they could face fines or legal consequences.
Civil Action for Nuisance: An alternative to a noise abatement order is to take civil action against your noisy neighbour. This involves filing a lawsuit against your neighbour for disrupting the peaceful condition of your environment. Based on the evidence, the court may order the neighbour to stop making noise and may even award you compensation for any damages suffered. However, this process can be expensive and complex, so it’s best to weigh your options and involve a neighbour dispute solicitor to get the best outcome.
Mediation and Dispute Resolution: To avoid the hassles of a civil action, you can always explore mediation or other alternative dispute resolution methods. This process is helpful in cases where settlement discussions with your neighbour seem to have reached a dead-end. The process is also faster, cost-effective, and helps you maintain a good relationship with your neighbour.
Potential Challenges in Addressing Noise Complaints
Addressing noise complaints can sometimes be more complicated than expected, and you might face a few setbacks along the way. Here are some challenges to keep in mind:
Proving the Nuisance: One of the biggest challenges is proving that the noise qualifies as a statutory nuisance. Even though noise between 11 pm and 7 am is easier to categorise as a disturbance, gathering clear evidence can still be tricky. While video and photo evidence can help build your case, in today’s digital age, your neighbour might claim that the evidence is fabricated.
There’s also the issue of getting witness statements. People are less likely to give their statement in situations where a neighbour has shown patterns of anti-social behaviour. So, it’s always best to get clear and undeniable evidence of the noise nuisance.
Delays in Resolution: The process of resolving noise complaints can be quite slow. Local councils need time to investigate, and if the issue escalates to court, it could be even more drawn out. It’s important to stay patient and keep your expectations realistic. Regularly checking in with authorities can help keep things moving.
Impact on Neighbour Relations: Taking legal action against your neighbour can strain or even ruin your relationship with them. If you have a relatively good relationship, you might want to try mediation or other dispute resolution methods before resorting to legal action. This approach can help you reach a compromise while maintaining a more amicable relationship.
FAQs
What time does noise become a nuisance legally?
In the UK, noise can become a legal nuisance at any time, especially if it’s excessive and disruptive. However, it’s more likely to be considered a nuisance between the hours of 11 pm and 7 am according to the noise nuisance laws.
How can I prove that my neighbour’s noise is a nuisance?
To prove that your neighbour’s noise is a nuisance, here are the steps you can take:
Keep a written record of each event.
Gather supporting evidence through photos, videos, documents, or even voice recordings.
Get the contact details and witnesses' statements.
Submit all this information when making a noise complaint to your local council.
You can also involve the police if the noise is part of a larger disturbance or anti-social behaviour.
What should I do if my local council doesn’t take action?
If your local council doesn’t respond to your noise complaint, here are some steps you can take:
Contact the Local Government and Social Care Ombudsman. They can help to investigate how the council deals with noise complaints.
Pursue a civil action for nuisance by applying to a magistrates’ court under the Environmental Act 1990.
You can use mediation as an alternative to settle the matter out of court.
Can I take legal action if my neighbour continues to make noise after 11pm?
Yes, you can take legal action if your neighbour continues to make noise after 11pm because it's a violation of the noise nuisance laws.
How can I maintain good relations with my neighbours while addressing noise issues?
First, try speaking to them calmly and politely about the problem. The purpose of this is to reach a compromise with them on the matter. If this doesn't work, consider organising a mediation session through your local council before resorting to legal channels as a last resort.
Conclusion
Having noisy neighbours is one of the few inconveniences of living in a residential area. It can be frustrating and eventually affect your mental health. Luckily, there are various laws against noisy neighbours after 11pm. These laws provide several options for handling noise issues in a legal and structured manner. Some of these options include noise abatement orders, civil action, mediation, and other alternative dispute resolution methods.
To maximise these options, you need to take proactive steps. These include documenting the noise to gather evidence, approaching your neighbour to reach an amicable settlement, contacting the local authorities, or involving the police where necessary.
If you need expert guidance at any stage, Lawhive’s neighbour dispute solicitors are here to support you. Our team of experienced solicitors specialise in handling noise complaints and issues related to anti-social behaviour, ensuring you get the assistance you need to protect your rights and restore peace to your home. Book a free legal assessment today.