Noise Act

For more serious noise issues we can advise on the way forward under the noise act 1996 and the noise abatement act 1997.

What is noise?

Generally, noise can be defined as any unwanted sound. Noise could occur unexpectedly, or be too loud or repetitive. At certain decibels, it can be hazardous to health, with low frequency noise as damaging as loud noise. Noise accounts for most of the complaints that local councils and the Environment Agency receive about environmental pollution, and is a major source of stress.

When does noise become a nuisance?

English private law defines a nuisance as “an unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection, with it.” The process of determining what level of noise constitutes a nuisance can be quite subjective. For instance, the level of noise, its length and timing may be taken into consideration in ascertaining whether a nuisance has actually occurred.

What is an abatement notice?

An abatement notice can be served by the local authority if they are satisfied that a noise problem amounts to a statutory nuisance. The notice may require that the noise be stopped altogether or limited to certain times of day. The notice can be served on the person responsible for the noise, who then has 21 days to appeal.