Nuisance
Domestic Noise and How to Deal with it
What is a Nuisance?
A nuisance can be described as something happening on one premises which is significantly interfering with the enjoyment of another premises. The important point in this simple definition is that the interference has to be significant. We all must realise that living in society we must put up with some inconvenience.
Most nuisances are dealt with under Civil Law. However some, like noise, are defined as Statutory Nuisances and can be dealt with under Criminal Law. Examples of the types of noise nuisance which this procedure covers are as follows:
• Barking Dog(s).
• Amplified music or noise from radio, television, stereo system, etc.
• Noise from DIY activities at unreasonable times.
• Shouting, banging and thumping, etc.
• Noise from vehicle, machinery or equipment in the street (not traffic noise).
One thing to bear in mind is that houses and flats are seldom designed to be totally soundproof so you will be able to hear some noise from your neighbours. If, however, a loud noise happens a lot, goes on for a long time or interferes with your normal activities, you may be suffering from a noise nuisance. An informal approach to your neighbour would normally be the first step.
How to Take Informal Action
First, try talking to the people responsible for the nuisance. Politely explain how it affects you and ask your neighbour to reduce the disturbance. Here are a few tips which may help.
• Have a word with your neighbour before you get angry or upset. Don't wait to get 'uptight' about the problem. If you are upset wait until you are in a calmer frame of mind.
• Choose a convenient time. Say "I'd like to have a word about a problem I've got, as I think you may be able to help. When would it be convenient for you?" (invite your neighbour round for coffee or tea to discuss it, for instance. He or she will be more inclined to discuss it as your guest).
• Think beforehand about what you want to say. Be clear and precise about your view of the problem.
• Don't lay blame or accuse your neighbour of antisocial behaviour or bad attitudes.
• Never be quick to jump to assumptions about what has happened.
• Never shout, use abuse, bad language or threaten retaliation.
• Give your neighbour plenty of time to express his or her own views. Be patient, listen carefully, and try to understand what he or she is actually saying - don't assume you already know what he or she thinks.
• Be prepared to accept differences in attitudes, ways of life, etc. 'Live and let live', but be firm about those activities that cause inconvenience or harm. Let your neighbour say what he or she thinks, but don't be afraid to make your own views clear as well.
• Take the view that together you can sort the problem out and still remain on good terms. Be open to suggestions as to how the problem may be resolved.
• Don't assume that the first idea that comes into your head will be the best one - it may suit you but if it is inconvenient to your neighbour it probably won't work.
• Bring all the relevant issues into the open from the start. Don't keep the awkward bits hidden, or your neighbour may think that it is less of a problem that it really is.
• Be careful not to bring in matters that are not relevant to the immediate problem - like how your neighbour held a noisy house-warming party ten years ago but you didn't like to say anything at the time.
• Be reasonable. If your neighbour offers to make concessions or put him or herself out see if you can do the same, but don't rush to an unsatisfactory agreement just because you feel embarrassed about having a conflict. Both of you must feel entirely happy with the result if it is to work.
If this approach doesn't work, then make a note of the fact that you have approached the person and the date and their response. Then put your complaint in writing to your neighbour in polite terms, again requesting a reduction in disturbance. You should allow at least two weeks for your neighbour to consider your request and take action. Copies of any letters should be kept for future reference.
For further information and guidance on dealing with noise please view:
Reducing Noise in the Home - How to be a Good Neighbour
Guidance relating to barking dogs
DEFRA - Dept for Environment Food & Rural Affairs.
(Bothered by Noise? There's no need to suffer)
When an Informal Approach Fails
The law allows formal action to be taken, either by a local authority or by an individual person, to deal with a Statutory Nuisance. However, before deciding that formal action is appropriate, you should ask yourself whether or not you are prepared to appear in court. Formal action, either taken by yourself or by the Council on your behalf, will almost certainly result in such an appearance. Also, you should realise that the instigation of formal action will have an affect on relationships with your neighbour.
The courts will only consider something a nuisance if it would be nuisance to a 'reasonable man/woman'. It is a principle of English Law that it does not exist to protect the abnormally sensitive. So just pause to consider whether what you expect from your neighbour really is reasonable. Complaints about the occasional bonfire are unlikely to impress, such things are all part of living in a community.
What the Council will do to Help
We are only able to become involved on a formal basis, and the process may take some time to complete.
When you ask us to get involved with a complaint, the first thing that will happen is that we will discuss the complaint with you. It is likely that we will ask you to provide us with a record of the nuisance about which you are complaining. Because problems can be very varied we also need details of the circumstances leading to the nuisance.
When the logs and questionnaire are returned, they will be considered and then we will decide what further action, if any, is appropriate to proceed with the case. Then we will make the necessary arrangements to investigate. This investigation may include:
• Visits to your property.
• Taking formal statements from witnesses.
• Interviewing the person responsible for the alleged nuisance.
• If Statutory Nuisance is occurring, serving legal notice on the person responsible.
• Monitoring whether the notice is being complied with. (This will involve further record keeping by the complainants and the taking of further witness statements.)
• If appropriate, prosecution.
If we feel that we are unable to support your complaint, or if you do not want to use our services, you can take your own legal action through using Section 82 of the Environmental Protection Act 1990.
Telephone: 01543 462621
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