Your Rights Under the Noise Act 1996

Under the provisions of the Noise Act 1996 and other associated legislation, your local authority has a mandatory obligation to deal with any noise which is deemed to be a ‘nuisance’. It’s not simply at night where the act might come into force, nor is it restricted to common complaints like music and loud parties – general traffic noise, DIY/construction projects and use of other kind of machinery etc is also incorporated into the legislation.

Measuring The Noise and Permitted Levels

The permitted level of noise can vary depending on different circumstances and ignorance is not an acceptable excuse. If for some reason a person knows that an activity is going to result in excessive noise, it is their responsibility to check with their local authority what level is permitted and what is considered excessive. Local authorities have approved noise measuring devices to determine whether or not a particular ‘noise complaint’ is breaching the law.

Abatement Notices

If the local authority deems that the noise represents a statutory nuisance and/or that it’s likely to re-occur, they can issue an abatement notice which will stipulate that the noise stops altogether, is reduced to an acceptable level or is only permitted between certain times of the day. However, an abatement notice is not normally served immediately. Usually an environmental health officer will visit the ‘offender’ firstly to see if the problem can be resolved without having to take matters further. If the issue hasn’t been resolved within a week, then an abatement notice must be served.

If The Abatement Notice is Not Complied With

Once an abatement notice is issued, if it not complied with, then the offender will have committed an offence. There can be fixed penalty notices and both the courts and the police will now get involved. Fines of up to £5,000 can be imposed on individuals and up to £20,000 if it’s a business within or close to a residential neighbourhood which is involved. In certain situations where the noise maker might end up being violent or aggressive, the police, in conjunction with the local authority have the power to issue an anti-social behaviour order and if the noise maker fails to comply with that, it might even end up with them even being sent to prison.

Seizing of Equipment

Once an abatement notice has been served, if it is not complied with, an officer from the environmental health department or someone acting upon their behalf, such as a police officer, has the power to gain entry to the residence and to seize the equipment responsible for the problem under warrant provisions. This can be done by force if necessary and can result in a further fine if the person involved wilfully tries to obstruct the removal of the equipment.

The equipment can be seized for up to 28 days from the date of seizure and it is up to the courts to decide what will be done with the equipment in the long term although if no court proceedings have begun within 28 days, then the equipment must be returned to its rightful owner. However, if the court decides to convict a person in relation to the said equipment then a forfeiture order can be made by the court which deprives the offender of any further rights to the equipment.