What is considered noise nuisance?
Noise nuisance can have a detrimental impact on an individual’s mental and physical wellbeing. It is important to understand what constitutes noise nuisance. Noise nuisance could include but is not limited to: Loud music, Parties, Multiple visitors frequenting a property, Banging, Alcohol related disorder, Animal nuisance e.g. dogs barking, cockerels.
Please consider the nature of the noise, and whether your neighbour intends for the noise to be a nuisance. For example, a toilet flushing, or a baby crying would not be considered anti-social behaviour.
What is the difference between statutory noise and noise nuisance/annoyance?
In order for noise to be considered a statutory nuisance it must meet one of the following legal tests:
• Unreasonably and substantially interfere with the use or enjoyment of a home or other premise.
• Injure health or be likely to injure health.
It’s worth bearing in mind that even if noise DOES NOT meet the statutory level, agencies can still take other forms of civil action such as community protection warnings and notices, and injunctions, depending on the evidence that is available.
Diary sheets
Diary sheets are a great way to record what is happening, how often and the impact this has had on yourself and your household.
Please ensure that you pass these diary sheets onto your case officer regularly so they can review the content and consider what action to take. If a case goes to court, (although this is not always necessary to stop the ASB) records of the ASB captured in good detail at the time it happened will help officers handling the case by providing credible, accurate evidence.
Most agencies will have a template ASB diary sheet that they should be able to supply you with. However, in the meantime, you can use your own diary or download the ASB Help Diary Sheet.
Noise monitoring equipment
Noise monitoring equipment should be available from your local authority’s Environmental Team.
Some housing associations and local authorities now have noise monitoring apps which enables you to download an app onto your mobile device to record noise levels.
Here are some steps you can follow to resolve, or report the noise nuisance:
- Attempt a reasonable discussion with your neighbours (written or verbally) to try and resolve the issue. Only do this is you feel it is appropriate to approach your neighbour.
- If speaking with your neighbour is unsuccessful, or inappropriate, contact your local authority’s Environmental Health Team. This team is often responsible for investigating noise nuisance/statutory noise complaints.
- If the noise is because of frequent visitors linked to criminal activity, then you should contact your housing provider or local authority’s ASB Team.
We strongly recommend you DO NOT RETALIATE. If you get into a ‘tit-for-tat’ situation (e.g. they play loud music at 2am, so the next night you hoover at 5am, so then the next day they start banging on the walls, etc.) it can quickly get out of control.
What should I do if nothing has worked?
Request an ASB Case Review
You may feel like you have exhausted all your options. You may have reported anti-social behaviour but feel no one is listening and the anti-social behaviour is continuing. The ASB Case Review has been designed for this situation.
If you (or others with your consent) have reported 3 incidents (or more) within a 6-month period, you can activate the ASB Case Review.
This will activate a multi-agency case review designed to devise an action plan to resolve the anti-social behaviour collectively.
Read more about the ASB Case Review here.