Noise nuisance in the home information booklet
This booklet is intended to provide advice on the service that we can provide to residents of the borough. For tenants of Six Town Housing Association, further advice is available from the Association.
The booklet explains the law relating to statutory nuisance that can arise from noise, and advises on the rights of individuals. The booklet also contains Bury's Noise policy.
At the end of the document is a 'noise-diary' sheet which can be used to log any noise events, and also a form which can be used by individuals, to commence their own actions through the Magistrates Court.
Download the information booklet
Download the noise nuisance in the home booklet (14 pages, 74kb, pdf)
Download the noise nuisance in the home booklet (text only version) 13 pages, 32kb, pdf)
You can also request a copy by contacting us as follows.
How to contact us
Post: Bury Environmental Services, Textile Hall, Manchester Road, Bury, BL9 0DG
Phone: 0161 253 5353
E-mail: environmentalhealth@bury.gov.uk
On-line: make a comment or request advice
Frequently asked questions
Complaints about excessive noise are investigated by officers who can take action if the noise is considered to be a statutory nuisance.
The information below relates to the actions that are taken our Environmental Services team.
If you are a Council tenant or a Housing Association tenant you should also contact your landlord to discuss the potential breach of the tenancy conditions.
When is noise nuisance a statuory nuisance?
Noise from premises
What happens if the noise nuisance continues?
What other action can I take?
Are there alternatives to legal action?
Noise on the street
Traffic noise
Aircraft noise
Other agencies
When is noise nuisance a statutory nuisance?
Noise nuisance is covered by Part III of the Environmental Protection Act 1990. This law empowers local authorities to deal with noise from fixed premises and under certain circumstances from noise on the street (see below). Before action we can take action we have to be sure that the noise is a statutory nuisance. This means that we have to prove that the noise is prejudicial to health and/or is causing an unreasonable and persistent disturbance to your lifestyle (to the reasonable standards of the ordinary common man). There are a number of different sources of noise pollution:
- noise from premises (for example loud music, barking dogs, noisy machinery, pubs)
- noise on the street (for example, car stereos, loudspeakers on the street, road repairs)
- traffic noise
- aircraft noise
Noise from premises
Excessive noise from neighbours can be disturbing, frustrating and can cause a lot of unnecessary stress and worry. In many cases, the person making the noise is unaware that they are causing a problem and the problem can be sorted out quite quickly.
It is always advisable as a first step to attempt to communicate with your neighbour or the person making the noise, to advise them of this, as they may not be aware that they are causing you disturbance.
Poor sound insulation between dwellings can be the cause of noise disturbances. It may not be your neighbour’s ‘fault’ if the noise they are making and which is coming into your house is just from normal household activity.
If a complaint is made to us, and if sufficient information has been gathered about the noise, we would initially contact the person or persons reported to be making the noise, to advise them of the complaint made.
What happens if the noise nuisance continues?
We will discuss and agree with you a course of action which will include the need for you to keep a noise diary (of the disturbances) and how we can gather evidence in your case. Noise recording equipment is used in many situations to monitor occasional disturbances. An Officer will normally make up to three attempts to assess the extent of the disturbance, by visiting your property, or by installing automatic noise monitoring equipment, or use a combination of both of these methods to determine whether the noise amounts to a Statutory Nuisance. Where necessary and appropriate, visits will be made outside normal office hours.
If the Officer is satisfied that a Statutory Nuisance exists, a Noise Abatement Notice, served under the provisions of The Environmental Protection Act 1990 will be issued to the person causing the problem. Where the notice requires work, a period of time will be given to allow it to be carried out. Failure to comply with the notice after that period of time is a criminal offence and the person causing the nuisance could be prosecuted.
There are some occasions where we are unable to gather sufficient evidence to take formal action, particularly where the noise occurs occasionally, or in cases where the noise is not judged to be a Statutory Nuisance. If we decide that formal action cannot be taken, you will be informed and you will be given advice about taking action yourself if you wish to do so.
What other action can I take?
You may wish to consider taking your own action under section 82 of the Environmental Protection Act 1990.
In some circumstances we may be unable to get sufficient evidence to be able to take action on behalf of an individual who has made a complaint. Should this occur, you can take independent action by complaining direct to the Magistrates' Court under section 82 of the Environmental Protection Act 1990. This is quite simple and need not cost much; you do need to employ a solicitor, but is advisable to obtain some legal advice.
Before approaching the court, it is a good idea to write to the noise-maker saying that unless the noise is abated by a certain date (for example, two weeks) you will complain to the Magistrates' Court. Keep a copy of all correspondence. If the noisemaker ignores either a verbal or written request by you to abate the noise, contact the Justices' Clerk's Office at your local Magistrates' Court, explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990.
The Clerk of the Court should be able to advise you further. You must give at least three days notice of your intention to complain to the Magistrates' Court, to the person considered responsible for the noise (a pre-prepared form for this purpose is included in our information booklet mentioned above). The notice should provide details of the complaint and may be delivered by hand or by post. A Solicitor can do this for you (a solicitors' letter will show you are serious). You need to prove to the Magistrate, beyond reasonable doubt, that the noise you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your claim.
A date will be set for the hearing and the person about whom you are complaining, will be summoned to Court. You will be required to explain your problem and produce evidence of the disturbance. You will have to give your own evidence and cross-examine your supporting witnesses to draw out their evidence. The neighbour will be able to cross-examine you and your witnesses and may produce their own evidence. A Solicitor will help, but you can take action on your own. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the noise.
If you prove your case, the Court will make an order requiring the nuisance to be stopped, and/or stop the nuisance happening again. It also has the power at the time the nuisance order is made, to impose a fine on the defendant (currently up to £5,000 for individuals or £20,000 for businesses). If this order is ignored, further Court action will need to be taken; you must therefore continue to keep records of noise nuisance in case it is necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court.
Are there alternatives to legal action?
Noise disputes are often resolved informally. Legal action should be a last resort. It is unpleasant and will inevitably further damage the relationship between you and your neighbour. It is very important that you do your best to resolve any problem in a friendly way. Six Town Housing (our housing management company) has a partnership with an independent mediation service that can help the resolution of neighbour disputes for our tenants.
Noise on the street
Noise originating from the street can, under specified circumstances, be dealt with using the same law available to control noise from premises, and applies to vehicles, machinery or equipment in the street.
Traffic noise
Traffic noise is excuded from Part III of the Environmental Protection Act 1990, which means that we have no direct responsibility in relation to this form of noise. The Police however do have some powers to control noise, under the Road Vehicles (Construction and Use) Regulations 1986.
Aircraft noise
Aircraft noise is excluded from Part III of the Environmental Protection Act 1990, which means that we have no direct responsibility in relation to noise from aircraft departing or landing.
Other agencies
A number of other bodies or Agencies also have responsibility for noise.
- The Police, for noise from vehicles, breach of the peace, anti-social behaviour
- The Environment Agency, for factories and establishments permitted by them under The Pollution Prevention and Control Act 1999
- The Civil Aviation Authority for aircraft
- Housing Associations and Six Town Housing, for breach of tenancy conditions
How to contact us
Environment and Development Services
Environmental Services
Textile Hall
Manchester Road
Bury
BL9 0DG
Phone: 0161 253 5353
Fax: 0161 253 5563
E-mail: environmentalhealth@bury.gov.uk
On-line: make a comment or request advice
