Noise from neighbours: what the council must do

Loud music through the wall, late-night parties, a barking dog or a building site — in England and Wales the local council deals with all of it. It does not merely have the option to investigate a complaint: it has a duty to, with powers that run to fines and removing the speakers.

What counts as a statutory nuisance?

Councils must look into complaints about noise that could be a statutory nuisance under the Environmental Protection Act 1990. Noise qualifies if it "unreasonably and substantially interferes with the use or enjoyment of a home or other premises", or if it injures health or is likely to.

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There are exclusions: the statutory noise nuisance rules do not cover noise from traffic or planes (though model planes are covered), political demonstrations, or premises occupied by the armed forces, including visiting forces.

What must the council do?

If the council is satisfied that a statutory nuisance is happening or will happen, it must serve an abatement notice requiring the person responsible to stop or restrict the noise. The notice usually goes to the person responsible, but it can also be served on the owner or occupier. Serving it can be delayed for up to 7 days while the council seeks voluntary compliance.

What rules apply at night?

Between 11pm and 7am a separate, stricter regime applies. The council can issue a warning notice for noise above permitted levels even if it is not a statutory nuisance. The noise must be reduced within a specified period of at least 10 minutes, ending by 7am.

Permitted levels work like this: 34 dBA if the underlying noise is no more than 24 dBA; if the underlying level is above 24 dBA, the limit is 10 dBA above it. Measurements are taken inside the complainant's dwelling, not in the street.

What are the penalties?

• a fixed penalty notice of up to £110 for dwellings and up to £500 for licensed premises, payable within 14 days;
• if no fixed penalty is issued or it is not paid — prosecution, with fines up to £1,000 for dwellings and unlimited for licensed premises;
• removal of the noise-making equipment, such as loudspeakers.

What about alarms and building work?

Failing to provide a key holder for an intruder alarm in an alarm notification area brings a fixed penalty of £50 to £80 (£75 by default), and prosecution with fines up to £1,000 if it is not paid. For construction, the council can serve a notice setting noise levels, permitted machinery, working hours or noise-minimisation steps; breaching it can bring an unlimited fine plus further fines for each day. Using loudspeakers in the street between 9pm and 8am is an offence in itself, as is using them at any time to advertise trade, business or entertainment.

How do you start?

Complain to your own local council, usually through a form on its website or by phoning its environmental health service. Keeping a noise diary with dates, times and durations helps: it is what lets the council show a pattern. The more precise your records, the faster the council can move from investigating to serving a notice.