Noisy Flat Above: Is There Anything We Can Do?

Noise Excessive Noise Noise Act 1996

Q.

We live in an old house (1890) 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 problem 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, with or without soundproofing, there are still things you can do.

Firstly, you should try to speak directly to the neighbours in question. With problems due to noise, 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 they are uncooperative however, as you live in a rented flat, the next stage should be to inform your landlord and ask them to go and speak 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, if noise levels exceed a certain level, an Environmental Health Officer can issue a warning to your neighbours which can be followed by a fine if the warning isn’t acted upon. 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 for better soundproofing which is needed. 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’ve 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 and see if you can get any fellow neighbours to do the same. All information you can gather will assist the Environmental Health Officer if he/she decides to investigate further.

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