FAQ : Noise

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FAQ : Noise

Postby Angelisle » Wed Jul 06, 2005 10:55 am

Noise

You are entitled to enjoy your property and can do whatever suits you, as long as you don't stop other people enjoying their property. The law calls an unreasonable disturbance of the enjoyment of property a nuisance, but just because you find your neighbours loud music or wind chimes in the garden a nuisance it does not mean that the law is being broken. In flats and semi-detached houses some noise from neighbours in unavoidable. You have to put up with what is reasonable, and you yourself must behave reasonably. If you make a lot of noise in retaliation you could be just as guilty of nuisance. If you are unreasonably disturbed, don't assume your neighbours are aware that they're disturbing you and try to sort it out on a friendly basis, keep a detailed diary of each disturbance, noting the time, date and duration of the nuisance, and if you can get other neighbours to write statements to back you up.

If the friendly approach doesn't work, send copies of your evidence to the Environmental Health Officers (EHO) at your local council. If they consider that your neighbour is causing a 'nuisance' they have the power to serve an abatement notice on the neighbour to prevent the nuisance continuing, or make the neighbour restrict it to certain days, or certain times. If this is not complied with, the neighbour can be fined up to £2,000. It may sometimes be hard to persuade the EHO to take this action, but you can do it yourself. You will need to visit your local magistrates' court to ask for a 'nuisance order'. If you can persuade the court to grant one then the consequences are the same as above, so make sure you have evidence from other neighbours and your diary to support your case you may get an injunction in the county court to prevent the noise continuing. The advantage of this over the Magistrates Court process is that you can also claim compensation for the inconvenience you have suffered, however the process can be quite lengthy and expensive and any compensation is likely to be small.

http://www.noiseabatementsociety.com/
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noise

Postby Sadgardener2 » Sun Apr 23, 2006 8:00 pm

Can this be about noise Angelisle?

I know it is soon to be summer because I have had the joy of my neighbours' music tonight. From 5.30 to 7.20. This was in response to my son and his friends playing outside on our swings 50 feet from the house and being loud. They were out for at least 30 minutes. First there were yells, then threats, abuse and name calling then loud music for two hours. Brilliant, here comes summer!
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Postby zaman » Sun Apr 23, 2006 9:39 pm

I think the problem with the environmental noise wardens is that the "legally acceptable" noise limit is actually quite high - you would be quite surprised at how loud a neighbour can be whilst not technically breaking the law. The noise wardens may well agree that the level of noise you are hearing is irritating or affecting your enjoyment of your property but they will also frequently tell you that its within the legal limits. The majority of us suffer from persistent either "low level" or "just below" the unacceptable level. If you fall into these categories its extremely difficult, if not impossible to take any action about it.

I don't know if anyone else has been through the merry-go-round of calling out noise wardens frequently but from experience it isn't usually fruitful.

We had the joy of the music last night too, pre-going out on the p*** bravado - stops before the wardens arrive.
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Postby kandy » Wed Aug 02, 2006 1:05 am

I found www.noiseconcern.org very useful (especially some of the links).
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Postby Conveyancer » Wed Aug 09, 2006 4:05 pm

Noise is partly psychological. It often comes down to the noise being irritating because it is not a noise that you are accustomed to, rather than the level of the noise. It also depends on who is creating the noise. If you are mowing the lawn you will not be upset by the noise, but your neighbour doing the same when you want an afternoon nap is subjectively different. If you are making a cake with a food mixer it creates the same level of noise as city traffic. I find that my electric kettle quite blocks out the sound of the radio in the lounge which I can otherwise hear clearly in the kitchen.
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Postby chezan » Tue Dec 12, 2006 11:20 pm

The time of the noise is relevant also - one of our neighbours often have parties which start about 11 at night (when the pub shuts) and continue until the early hours, often there is constant door banging, cars leaving, shouting and bad language between 3 & 5 am.

We seem to be able to do little about it, although some neighbours have complained officially - there is no one available at that time of the morning from Environmental Health and the Police just aren't interested! :roll: :(
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Postby cpcnw » Tue Apr 10, 2007 9:11 am

Noise is partly psychological.


Largely I'd say. Think of one time in a day when it is completely silent?

Hard isnt it. Modern life, full of stress inducers, mostly generated by people.

No wonder Wainwright spent so much time on the fells !!!
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Postby Pangloss » Tue Aug 07, 2007 9:52 am

Can anything be done about children of our neighbours from hell making life intolerable for the rest of us? Given that they re-enact WW3 (Shock and Awe type noise!) on their own property, though never when they have visitors, or when they themselves want some peace!), the nuisance denies everyone in the vicinity the 'peaceful enjoyment...'

Last night their 3 year old screaming brat (left alone outside to his cataclysmic rages many times for upwards of 3 hours) was out with father on our border, hollering at 9.00 p.m. Such parents produce the yobs of tomorrow.

Of course noise has a psychological component, as does vision, touch, smell and associated senses. It's unhelpful to infer that the perception of noise is an abberant mental state on the part of the recipient. It's probably the most useful sensory device that mankind has, part of our genetic inheritance. When used deliberately to annoy, even the relatively quiet hum of a fridge's condenser can become excruciating. Our American friends have long since recognised the usefulness of noise as an instrument of torture.
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Re: FAQ : Noise

Postby Quazi » Sun Jan 29, 2012 10:28 pm

That's another thing my neoghbour has complained to me about.

He converted an old stone barn into half of his house, the other half of the barn is my workshop/man shed and garage. A couple of days ago I started up a motorbike to set up an engine that had been built very recently, and yes I was increasing the revs to test the fuelling. I don't do it very often, maybe three times a year at most to this degree, still he came to my drive gate screaming at me to "shut up!" "shut up!" even though it was 2pm onin the afternoon and he had been out walking with his dogs, he still had them whilst he was shouting at me. I couldn't understand how this could have affected him that badly if he was out walking the dogs!

Strange fella!
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Re: FAQ : Noise

Postby hackney resident » Wed Jun 27, 2012 6:59 am

Im having a big problem with my neighbour over noise and ive only lived in my house coming upto 4wks. This problem has now esacalated into something else. Before i moved in she came up and ask me what type of flooring i was putting down (laminate) she told me i had to pull up my floors (im a council tenant) and insulate with bricks and foam before i could do this. She told me even the squeaking when walking was a health issue for her and told me i need to srcrew all tthe floors again before laying the floor (i did this). The council told me i was not allowed to do the insulation as none of there properties have this type of insulation
WK 1 i moved in and told her there would be a some noise
Wk 2 i got a text from her at 10.30am saying the noise was really bad. At this point i was generally just pottering around (normal living) but it the moment i put my shoes on to walk out the door i got the text.
Later that day 12.30pm she called me to say it was really noisy and my son and his friend sounded like they were jumping off the furniture and fighting. (no truth in the matter)
wk 3 my 4yr old grandaughter came to stay. I got a text at 5.50pm on the saturday asking to keep the little ones noise down as shes been trying to sleep all day. I told her no and what do you want me to do STRAP HER DOWN.
Shes admitted that she theres no noise from us at night and were really quiet.
basically the moaning shes doing is just us living a normal life.
Coming upto my 4th wk she had a go at my son because our 2 sons had a fall out.
Our garden is suppose to be communal but shes refusing to let us use it. The council have told her this but shes trying to get the matter overturned because apparently she spent all her money doing it up and the previous tenant in my home did nothing to help. Shes told my housing she has a email from the housing saying " there you go the gardens yours". My housing manager has ask for the email but 2wks later shes still not provided it (why).
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Re: FAQ : Noise

Postby Ken1 » Wed Feb 27, 2013 7:33 pm

I too dread the summer due to noise from neighbours.
I live next door to a boy who kicks his football at his fence for hours at a time (unless his parents need a bit of peace in the garden to do course work etc) as the fence was paid for by the parents I don't have cause for complaint about the fence but the noise is unbearable.
My garden is practically unusable when the "kick-bang, kick-bang, kick-bang" is going on. There is no chance of reading or chatting in the garden because the noise is so bad. My dogs are terrified of the noise and react the same as with firework noise. I must be one of the few who prays for rain all through the summer :evil: :evil: :evil:
I don't understand why ANYONE could listen to this and think its ok.
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Re: FAQ : Noise

Postby Pop Robson » Sat Mar 14, 2015 12:12 pm

House next door is/was rented and we had neighbours move in with a Great Dane that they left in all day and I guess it was used to having people around so it barked almost on stop from about (6:30am-6:30pm), used to wake us all up !

Tried to speak to the neighbours but they said it was a non-barking dog !!

We gave it a month to see if the dog would settle but it never did and they left all day Xmas day.

We then got environmental health on it and they spoke to the neighbours but finally gave them a final warning and they moved out.

One bit of karma was when they got broke into and had their Range Rover sport nicked off the drive, the dog never heard nothing and never barked !
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