Can you take action if builders play music too loudly? (Image: Getty)
When builders move in next door or just down the street, people will generally shrug and get ready for some construction noise. However on a site, many will play music very loudly to pass the time – and while drilling might be expected, eight hours of hi-NRG dance music might be beyond the pale for some residents.
A solicitors firm has explained the legal implications and whether people can get a change or ask the local council to take action. According to Solicitors Stephensons, it comes down to what extent the peace is being disturbed. It said: “Under English and Welsh law, residents have a right to the peaceful enjoyment of their home.
“Excessive construction noise from neighbouring properties may constitute a statutory nuisance under the Environmental Protection Act 1990 or a private nuisance under common law principles. Local councils have a duty to investigate and address complaints relating to noise that interferes significantly with the use or enjoyment of your property.
“Furthermore, the Control of Pollution Act 1974 allows local councils to issue restrictions on the timing of noisy construction activities. Typically, acceptable hours for building work are between 8am and 6pm Monday to Friday, 8am to 1pm on Saturdays, and no works on Sundays or bank holidays.”
For those who are being bothered by excessive noise – including music – the first port of call should be actually talking to the builders or neighbouts. Stephensons said: “If you’re encountering intrusive neighbour construction noise, the first recommended step is to address the issue informally. Discussing your concerns directly with your neighbour or the project manager on-site may help in reaching an amicable agreement. Often, neighbours are unaware of the severity of the disturbance they are causing and may willingly reduce noise or alter their working hours.
“If informal attempts do not yield favourable outcomes, consider contacting your local authority’s environmental health department. They will investigate your complaint and assess whether the noise constitutes a statutory nuisance. The council can then provide written notices or formal restrictions on the activities causing the disturbance.”
Keeping a detailed record of disturbances is crucial if the resident decides to pursue action against excessive neighbour construction noise. Solicitors recommend people record the dates, times, and details of all disturbances, as well as any communications you have with your neighbour regarding the issue. This documentation will strengthen the case should you require intervention from local authorities or decide to pursue legal action.
The Government says that councils must look into complaints about noise that could be a ‘statutory nuisance’ (covered by the Environmental Protection Act 1990).
For the noise to count as a statutory nuisance, it must do one of the following:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- injure health or be likely to injure health
Officials said: “If they agree that a statutory nuisance is happening or will happen in the future, councils must serve an abatement notice. This requires whoever’s responsible to stop or restrict the noise. The notice will usually be served on the person responsible but can also be served on the owner or occupier of the premises.
“The abatement notice can be delayed for up to 7 days while the council tries to get the person responsible to stop or restrict the noise.”
Councils are responsible for looking into complaints about noise from:
- premises including land like gardens and certain vessels (for example, loud music or barking dogs)
- vehicles, machinery or equipment in the street (for example, music from car stereos)
Statutory noise nuisance laws don’t apply to noise from:
- traffic or planes (they do apply to model planes)
- political demonstrations and demonstrations about a cause
- premises occupied by the armed forces or visiting forces
Councils can decide what level of service they provide to deal with noise complaints, for example, whether to have officers on call at night.
Penalties for not complying with a warning notice
If someone doesn’t comply with a warning notice without a reasonable excuse, councils can:
- give a fixed penalty notice (FPN) giving them the chance to pay a fine (up to £110 for dwellings and £500 for licensed premises) within 14 days, instead of being prosecuted
- prosecute them if they don’t issue an FPN or if the person responsible doesn’t pay the fine on time (if convicted they can get a fine of up to £1,000 for dwellings and an unlimited amount for licensed premises)
- remove noise-making equipment like loudspeakers
For more information, click here.
This story originally appeared on Express.co.uk
