Noise
More information on noise
Our Law and Your Environment website has detailed pages on your rights and responsibilities in relation to noise.
More information on Noise and NuisanceNoise is unwanted sound. Depending on its frequency, intensity and duration, noise can constitute a nuisance. At certain decibels, noise may also harm human health.
Key sources of noise law
- Acts of Parliament and statutory instruments (legislation)
- Common law – in particular, that relating to the law of tort (case law developed by the courts)
- Local Authority by-laws
- European Union Directives
Noise Nuisance
Noise disturbance may be treated as a nuisance under tort law if it causes unlawful interference with a person’s use or enjoyment of their land, or of some right over, or in connection with such land. The legal remedies for noise nuisance under tort law are generally damages and, in some cases, injunctions - court orders requiring a noise nuisance to stop or to prevent it from continuing or recurring.
Apart from tort law, noise can also amount to a statutory nuisance. Statutory nuisances are deinfed and controlled by statute (in the case of England and Wales, generally Part 2 of the Environmental Protection Act 1990), and are normally controlledby local authorities. Individuals can also bring complaints about some statutory nuisances directly to their local Magistrates' Court. All local authorities are required to inspect their areas for statutory nuisances. For noise to constitute a statutory nuisance, it must be harmful to human health or constitute a nuisance. Nuisance is given the same meaning as that under common law.
How do local authorities decide if there is a statutory noise nuisance?
- Noise level
- Time and duration of noise
- Nature and location
- Importance and value of the activity causing the noise
What can be done?
Once the local authority is satisfied that a statutory noise nuisance has occurred, it can issue an abatement notice. An abatement notice may require that the noise be stopped altogether or limited to certain times of the day. It may also require the person who has caused or os responsible forthe noise nuisance to take necessary steps to comply with the conditions prescribed in the notice. Breach of an abatementis a criminal offence.
Although the appropriate local authority is normally the appropriate authority to treat noise nuisance complaints, the police might also in practice be contacted, particularly if the noise disturbance could amount to a breach of peace or if it is accompanied by anti-social, threatening or violent behaviour.
Key Noise Legislation
- Control of Pollution Act 1974
- Noise Insulation Regulations 1973, 1975 and 1988
- The Environmental Protection Act 1990
- Noise and Statutory Nuisance Act 1993
- Criminal Justice and Public Order Act 1994
- Noise Act 1996 as amended by the Anti-social Behaviour Act 2003
- Housing Act 1996
- Crime and Disorder Act 1998 as amended by the Police Reform Act 2002
- Building Regulations 2000 (SI 2000/2531) made under the Building Act 1984
- Police Reform Act 2002
- Licensing Act 2003
- Anti-social Behaviour Act 2003
- The Control of Noise at Work Regulations 2005
- The Environmental Noise (England) Regulations 2006