Pollution control - noise
Public health nuisances
We have a statutory duty to investigate complaints regarding noise nuisance.
Unless the persons causing the noise are potentially intimidating or threatening it is often a good idea to speak to neighbours to resolve noise problems first ,as the council becoming involved may lead to bad feeling between neighbours.
To minimise neighbourhood disputes as a policy we do not reveal complainants details to the persons causing the noise, but neighbours often guess who has complained.
Noise
We have formal powers to deal with many types of noise, especially if the noise is excessive, affects the habitable parts of residential premises and is likely to happen regularly. These include:
- televisions and stereos
- DIY at unreasonable hours
- intruder alarms
- car alarms from stationary vehicles
- animals
- entertainment at commercial premises
- construction noise outside 8am to 6pm Monday to Friday and 8am to 1pm on Saturdays
- Construction site guidelines (Jan. 2006)
(PDF 121KB)
Sound insulation
Poor sound insulation between adjoining properties is a cause of many complaints throughout the country.
It may make everyday sounds of ordinary living intolerable; such as from children playing. It is a particular problem in premises originally constructed as single household dwellings, which have been converted into self, contained flats.
The case law in the attached leaflet makes complaints of impact noise such as footfalls, furniture moving, children playing, occasional intermittent banging and raised voices very difficult to prove as a formal nuisance.
- Sound Insulation - further information (PDF 21KB)
Dealing with noise nuisance
Noise can be a nuisance during the day or night. If a noise is witnessed and likely to be a nuisance the Investigating officer will try and resolve the situation informally.
If this is not possible and the noise is excessive and likely to recur it is deemed a "nuisance". A statutory notice will be served under the Environmental Protection Act 1990 requiring the abatement of the noise nuisance.
If the nuisance is not stopped within the time specified by the notice the council will carry out the necessary work to stop the noise. This may include the seizure of noise emitting equipment.
The owner or occupier of the premises will then be charged for the cost of the work (including VAT) plus the council’s administration. The owner or occupier can also be prosecuted.
Examples of noise that may not lead to formal nuisance action but can be annoying:
- Normal every day living noises such as children playing, kitchen appliances, footfalls, other impact noise and intermittent sounds of voices which are audible due to poor sound insulation.
- One off rare celebrations such as Birthday parties and barbecues that end before 11pm
- Noises that are audible in the street or garden but when you enter the habitable part of a residential premises they are inaudible or only slightly audible and below the background noise in your home, indicating respite from the noise can be achieved.
- Dogs barking occasionally, to prove nuisance the dog must be almost constantly barking over long periods of time, or at night.
- Noise from persons in the street, antisocial and abusive behaviour can lead to breaches of the Peace and offences under the Public Order Act which are enforced by the Police.
If you are affected by a likely noise nuisance and talking to your neighbours has not resolved the issue then please contact the weekday noise service and the weekend Out of Hours nuisance service on:
- During the week - Tel. 020 8359 7995 (9am - 5pm)
- Out of Hours nuisance service - Tel. 020 8359 2000 Friday 20:00 hrs to Saturday 03:00 hrs, Saturday 10:00 hrs - Sunday 03:00 hrs, Sunday 10:00 hrs - Monday 03:00 hrs. Option 2 gives direct contact to the noise and nuisance officer or leave your contact details, and a description of where the nuisance is occurring for officers to investigate. The times of the service will vary due to the demand which increases in the summer months.
- If you are mainly disturbed during the week day nights we provide a voicemail service 0208 359 2000, however we can only respond to these messages the following working day. We are also considering offering a reactive service occasionally during the weekday nights. For a trial period a reactive service will commence every Wednesday, starting from 25th May 2011 from 8pm until 1am.
We do accept emails and texts but currently do not have the ability to respond to emails and texts quickly in order to investigate ongoing noise or nuisance complaints.
If the noise is on going at the time of your call an officer will aim to visit you or at least respond to your call within one hour.
If the noise is not on-going the completion of log sheets can help the Environmental Health section ascertain if we will be able to help you.
To request a log sheet contact us on Tel. 020 8359 7995 (9am - 5pm)
If you would like to find out additional information on the legislation relating to noise and how to be considerate whilst undertaking noisy activities in your home visit: www.defra.gov.uk
If the Environmental Health section are unable to help with the type of noise problem that you are troubled by it is possible for you to take private action through the court system.
You would have to contact the Clerk at Barnet Magistrates Court to arrange a time to provide the necessary evidence to prove your case in accordance with S.82 of The Environmental Protection Act 1990.
Mediation
If you would like to try and resolve a noise dispute with your neighbour informally and you live in a council premises a confidential Mediation Service is available provided by an independent organisation.
For more information please contact your Housing Officer. Or if you do not live on council premises you can obtain details about the location of services in your area from Mediation UK on 0117 9046661.
Email this pageLast modified by: Ralph Haynes on 01/04/2011