Frequently asked questions - if a neighbour makes a nuisance complaint about you

Frequently asked questions for when a neighbour makes a nuisance complaint about you can be found below:

Can the council investigate if there is only one person complaining?

Yes. Current nuisance law does not require more than one complaint to be made before a council can becomes involve.

If we receive a noise complaint about you, and our officers agree that there is a problem, we will let you know. They will tell you what the problem is and let you know what to do to put it right.

Contact us as soon as you can if you want to discuss the noise complaint, or if you need help and guidance. We prefer to sort out complaints informally and will work with you to find a solution.

Find out how we deal with noise complaints.

I am always careful not to cause any disturbance after 11pm and on Sundays, so how can this be a nuisance?

Nuisance law does not specify days or times when you can or cannot do something, nor does it prescribe certain decibel (loudness) limits for noise nuisances. This means that you can have a nuisance at any times of the day or night.

What does the council look for when investigating a complaint?

To determine whether a nuisance exists council officers have to make an assessment of a number of factors, including:- 

• the type and character of the noise (such as banging, pulsing, droning) and how loud it is
• the time of day or night that the noise occurs
• how often the noise happens and how long it goes on for
• the nature and character of the area (for example residential, town centre, industrial)

How does the council investigate nuisance complaints?

The case officer will take such steps as are reasonably practical to investigate the complaint.

The person making the allegation will have been asked to keep a diary of times and dates when they claim the problem is occurring and the case officer will consider this information to decide whether it is necessary to investigate further, often by making monitoring visits or by using remote monitoring equipment.

What powers does the council have to stop nuisances?

If we can prove the noise is a statutory nuisance we are required to take action under Part III of the Environmental Protection Act 1990 and this would normally mean serving a Noise Abatement Notice on the person(s) causing the noise nuisance. The abatement notice would require the statutory nuisance to be stopped and/or prevented from occurring again. If someone is found guilty of failing to comply with an abatement notice they can be given a fine.

If we serve an abatement notice because of excessively loud music, but the problem continues, we may seize all the sound equipment that is causing the problem.

Depending on the circumstances we may charge the perpetrator for return of the equipment or alternatively we may prosecute the person and ask the Courts permission to have it destroyed.

Our aim in many cases is not necessarily to stop something outright, but to control it so it is no longer excessive and causing a statutory nuisance, but is reduced to a level that the ‘average person’ would find acceptable.

So, if the council doesn’t take any action I am not breaking the law?

Not necessarily. Our decision not to get involved may be based on insufficient evidence. However we can’t guarantee that we won’t get involved again if we receive another complaint in the future, as we are legally obliged to investigate all complaints that are made by residents.

You should also be aware that there is a provision in the same nuisance law for a person to take their own action through a magistrates’ court. A resident may wish to do this if they were dissatisfied with the decision that the council made in investigating their original complaint, or perhaps they may have particular reasons for not involving the council in their own action from the outset. 

Does this mean that I can’t even enjoy myself on my own property?

The law is not intended to be totally restrictive, and recognises that in certain circumstances our actions may well impact on others. It is therefore a balance between the rights of members of society to carry out reasonable, personal or business activities whilst respecting the reasonable needs of others to be free from unnecessary interference.

The ordinary domestic use of a dwelling is unlikely to amount to a nuisance to other residents as are infrequent or one-off incidents. However, we all have a responsibility to respect the needs of others and to take reasonable steps to minimise the impact that our actions might have on neighbours.

Current nuisance law does not necessarily require a Council to completely stop a particular nuisance, but it might require the level of nuisance to be controlled so that it is not causing a significant interference to another resident.

If you are concerned that something you are intending to do might cause a nuisance, and want to avoid any repercussions, please contact the council for guidance beforehand.

What advice can you give me on avoiding causing a nuisance to other residents?

Whether it is dog barking, loud music, bonfire smoke or DIY noise you can look on our website to find out more information that will hopefully help you minimise the potential for  unnecessary impact on others.