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Noisy Flat Above: Is There Anything We Can Do?

Author: Jeff Durham - Updated: 19 December 2010 | Comment
 
Noise Excessive Noise Noise Act 1996

Q.

We live in an old house (1890) that has been converted into flats, and the noise from the flat above is quite intrusive at times. We can hear footsteps, voices, items being dropped on the floor etc. We have addressed the problem with our new neighbours by letter and things have improved a little. The issue is that the flat is rented so the problem doesn't feel like it will ever go away. Barring expensive insulation solutions is there anything we can do to lessen the noise?

(Miss G Bell, 10 September 2008)

A.

If the house was converted into flats after you moved in, the first thing to establish is whether or not planning permission was granted for that. And, if that was the case, then you should be asking if soundproofing was specified in the plans and if that was one of the conditions of permission being granted. Even if planning permission was obtained at the time, with or without soundproofing, there are still things you can do.

Firstly, you should try to speak directly to the neighbours in question. With disputes that arise from noise levels, it’s often the case that the people concerned are not even aware that they are causing a problem. Therefore, in explaining the situation to them, it may be perfectly possible to rectify the issue amicably. If your neighbours are uncooperative, however, the next stage should be to inform the landlord of the property (as you state that it is rented) and ask them to speak about the noise issues with the neighbours themselves. It may well be that your landlord will be sympathetic to the problem and make provisions for having soundproofing installed underneath the floor above. Alternatively, a stern rebuke from the landlord might be sufficient to eradicate the problem.

Should all of the above fail, you should contact your local authority who will appoint one of their Environmental Health Officers to look at the case. Since the Noise Act of 1996 was established, an Environmental Health Officer can issue a warning to your neighbours if noise levels exceed a certain level. This warning can then be followed by a fine if the tenants fail to reduce their noise levels. Further action can also be taken.

Your question doesn’t mention excessively loud music, however, nor does it state at what time of day the noise is occurring, and these are two fairly important factors. For example, if it’s simply “footsteps, voices and items being dropped” as you suggest, it may simply be a case that better soundproofing is needed in the property. Also, remember that your local authority is going to look more closely at excessive noise levels which persist between the hours of 11pm and 7am, and allow a little more leniency at other times.

If you feel as though you have no option left but to turn to the Environmental Health Department, make sure you keep a log as to what time of day the excessive noise is taking place and what it consists of. You should also see if you can get any fellow neighbours to do the same, if they the noise levels have become an issue to them too. All information you can gather will assist the Environmental Health Officer if they decides to investigate further.

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Comments...

Hi, Im a 50 year old female living alone and recenly a 66 year old female moved alone into the flat above me (block of 6.'L' shape.3 on the bottom.and 3 on the top) she doesnt work, but I do, mon-fri different hours and from as early as 7am until as late as 11pm her washing machine is on non stop! a family of 3 moved out before her and they did their washing as often as you would expect but either this new neighbour has OCD or she takes in washing as a side line!? I expect to hear living noises from above but.Her washer is constant.ALL DAY EVERY DAY. it is between the accepted hours though..So does that mean I can not object?? with regard to the frequency? I can't relax after my day in a call centre with the constant vibration and hum from the constant spinning. I think im going to have to leave after 10 years here as I can't put up with this.
Ali - 23 November 2011 @ 2:44 PM
My neighbours house sits to the side of my house.The have a large weeping willow that overhangs into my garden.Tree stands approx 8 metres high.My concern is the weeping willow is sitting approx 3 metres from the side of my house. We have paving stones outside my back door which are cracking and lifting and I worry that this could be cause by the roots.I have heard that these trees can cause damage if planted too close to property. What are my rights in respect of this weeping willow tree.
ku - 4 June 2011 @ 10:33 PM
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