There is nothing worse than going to bed and not being able to sleep because of the loud music playing near your home. You may not be able to control your neighbor’s loud music. So if you can’t control the loud music and your sleep is being disturbed, you have to do something about it. The UK has strict legislation in place concerning the playing of loud music. If you are based in the UK and frequently get disturbed by your neighbours playing music at high volume, then you can file a complaint.
What is the law on noise nuisance?
The statutory definition of a noise nuisance basically defines a nuisance as unreasonable and substantial interference with another person’s lawful right to the enjoyment of their property or home. Noise nuisance is additional to and is different from nuisance; it must be a nuisance that materially interferes with your reasonable enjoyment (like sleep or quiet enjoyment). Important elements of noise nuisance law are:
- Statutory nuisance: If noise is very much affecting the enjoyment of premises or is damaging to health, the noise can be a “statutory nuisance”.Local authorities or councils fall under the remit of the most commonly investigated authorities, issuing abatement notices to stop or restrict noise to a specific time of the day.
- Assessment: Nuisance is a subjective term, with each case being determined, and at least a defined amount of the volumes, duration, time of day, and frequency is a guide for the assessment.
- Types: Noise nuisance can come from a number of sources, which may include loud music, barking dogs, machinery, and alarms, although there is very little ability to regulate traffic noise or aircraft noise under statutory nuisance.
Is it illegal to play loud music after 11 pm?
Over in the UK, the government has strict regulations on noise pollution in the UK. In accordance with the Noise Act (1996), the act makes it clear that loud music played from 11 pm to 7 am is illegal. Any excessive noise during this time can be punished by law. The government and the legal councils can hold you responsible for playing loud music after 11 pm. Playing loud music can be considered anti-social behavior. Any kind of behavior that causes noise pollution is illegal. This is why playing loud music after 11 pm is also illegal.
If you are suffering due to the loud music played by someone near your home, then you should do something to stop it. If you are disturbed by loud music during the day, then it doesn’t mean that you can only act after 11 pm. Loud music can injure your health and can be disturbing for your eardrums as well. Serious action must be taken to stop this act.
If the noise is excessive after 11 pm, then you should get in touch with the environmental health department. They will take the decibel readings inside your home. If the ambient noise comes from the immediate vicinity of your home, then action can be taken. Any sound that is 24 dBA or less may not be considered punishable. If the noise is louder than 34 dBA, then that breaches the law. If the ambient noise crosses the level of 24 dBA, then anything more than 10 dBA above can be considered excessive.
Noise pollution is not just restricted to playing loud music. It also includes TV noise, housework, DIY, dogs barking, or loud arguments. If the environmental health records provide sufficient evidence, then you might get punished. Neighbours playing loud music after 11 pm in the UK can be termed a statutory noise nuisance.
What can you do about it?
It is important to consider how much of a problem the noise is. If the loud music is damaging your relationship with your neighbors, then you must file a complaint against the person playing loud music. Before you do anything, you must consider these questions.
- Are your neighbors noisy all the time? If the answer is no, then it may not be a serious problem. If the noise goes past midnight, then you can reassess
- If someone in your neighbor’s home is celebrating a special birthday, then you might just let it go. You might just let it go for the sake of their harmony and happiness.
- If the parents are out and the children are creating noise, then filing a complaint may not be a great idea. There are chances that the parents come back at a reasonable hour and put a stop to the music
If none of these situations applies, then you should act. It is always a great idea to give the mildest reaction first. You must not go and talk to them when you are upset, as this can cause a fight between you and your neighbors. If you don’t want to escalate the situation unnecessarily, then you should go to your neighbor instantly.
laws regarding noise nuisance
Most noise nuisance ordinances describe it as noise that unreasonably interferes with a person’s enjoyment of their peace or health. Some points of law that are of particular relevance, especially in the UK, are:
- When considering whether any noise constitutes a statutory nuisance, the police will take note of the volume, frequency, duration of the noise, and the time of use.
- If the statutory nuisance is established, the Council will issue an Abatement Notice ordering you to cease or minimise noise activity; if you fail to comply with the Abatement Notice, you could face prosecution and fines.
- In short, if the nuisance statutes shield against noise associated with normal traffic or flight path noise, then nuisance noise that can arise from sound originating from premises and machinery, vehicles, and alarms can fall into other causes of noise nuisance.
- Persons serving abatement notices have the right of appeal to magistrates’ courts.
- These regulations are enforced by local councils or environmental health officers.
- Under common law, nuisance is also a civil wrong that an individual wronged by such action can go to court and ask for compensation by way of injunction or damages.
In what situations should you file a complaint?
You can file a complaint when:
- If the noise is coming from your premises between 11 pm and 7 am, then you should do something about it.
- The noise exceeding the permitted levels must be stopped.
- If the notice has already been issued and your neighbors are still playing loud music after 11 pm, then you must send your complaint forward.
Can you get punished for playing loud music after 11 pm?
The permitted noise complaint UK can be measured by the A-weighted decibels. This is the unit that the officials use to measure the environmental noise. You can’t use loudspeakers outside on the streets from 9 pm and 8 am. Loud music after 11 pm in the UK is against the law, can cost you a fine of up to £5,000. You can also get a criminal record.
Can I call the police for a noise complaint in the UK?
In the UK, police are generally not the first call for noise complaints unless the noise is associated with a crime or is posing an immediate danger. Instead, noise complaints are generally handled by your local authority’s Environmental Health section.
- Here is the usual process:
- Try to resolve the problem with your neighbor directly first, as they may not be aware that the noise is causing a disturbance.
- If this is not successful, report the noise nuisance to your local council’s Environmental Health department.
- Many councils offer online forms, phone lines, or apps for reporting noise.
- The council may ask you to keep a diary or record evidence of the noise incidents.
If they agree that the noise is a statutory nuisance, then they can issue an abatement notice requiring the noise to be ceased or reduced.
If the noise does not cease after an abatement notice has been issued, the council may proceed to court, and you risk being fined.
For the police to take any action at all, the noise must be related to antisocial behaviour, a breach of the peace, or a criminal act. That is, in very rare circumstances, can the police act on a noise complaint? If it is considered a candidate for a police intervention and they attend, you should call the police on the non-emergency number 101.
In cases of emergency or risk to life
For a standard noise complaint in the UK, we would recommend that it is best to speak with the local council’s Environmental Health department, as the police are only going to be involved in noise disturbances that are criminal in nature.
In the UK, local councils have to have clear evidence of a statutory nuisance before any kind of noise abatement order will be issued by them; evidence which shows that the noise is improper and unreasonable and in providing a Statutory Nuisance, disrupts the use or enjoyment of property; causes noticeable harm to health, or is noise that is unfit.
The evidence councils usually need falls into the following categories:
- Written statements from the complainant describing the noise impact.
- Noise diaries or log sheets are filled out by the complainant and contain a record of the date, time, duration, and description of the noise incidents.
- Meteorological evidence: Recorded sound evidence from council-appointed sound monitoring equipment installed in the complainant’s property is sometimes taken as proof of noise levels.
- Witness statements from neighbors or others who have experienced or observed the noise nuisance.
- Inspection visits by council officers who may visit the property to witness the noise on multiple occasions.
Councils initially try to conduct an informal investigation, and if the noise levels are from one person, they may try to solve the problem voluntarily with the noise maker. If a persistent nuisance is proved, a formal noise abatement notice can be served, which has legal status and can be enforced by fines or a court action if not followed.
If the noise abatement notice is appealed or prosecution is necessary, the complainant may have to attend court as a witness. Lack of evidence or denial of witness testimony to testify may lead to the closing of the case.