What to do if you have noisy neighbours

THE first step is to go and see the neighbour making the noise. If the noise is not reduced and the neighbour is a tenant, you could contact their landlord.

If the problem persists it is helpful to keep a diary of the frequency and type of noise which can be used as evidence in any future action.

Local authorities have extensive powers to deal with noise.

You should ask the Environmental Health Officer (EHO) to come out and investigate. They are able to measure the decibel level of noise and to give an expert opinion on how it rates as a nuisance.

If the EHO is unable to resolve the matter informally and considers that there is a noise nuisance, the authority must serve an abatement notice on the person causing the noise or the owner or occupier of the property.

This notice should say what the nuisance is and will either require that it be stopped or limited or require that specific works are carried out to prevent or lessen the nuisance.

This applies also to noise nuisance in the street such as noise from vehicle alarms.

If the person causing the noise does not comply with the notice, the local authority can prosecute and/or enter the property (or the vehicle) to stop the nuisance.

The local authority can also seize noise-making equipment. They can also apply for an injunction.

The local authority can defer the issue of an abatement notice for up to seven days in order to persuade the person causing the noise to stop or limit the noise. If this does not work, the local authority will serve the notice.

An appeal to the magistrates’ court can be made against the notice within 21 days. If no appeal is made, or if it fails, the notice will have permanent effect. If a person causing the noise does not comply with the notice, and has no reasonable excuse for failing to do so, the local authority can prosecute. If the person causing the noise did so in the course of a trade or business, they may be able to show in their defence that they used the ‘best practicable means’ to prevent the noise.

The local authority has additional powers to deal immediately with noise from residential premises at night (11pm to 7am).

It can serve a warning notice, stating that the noise coming from the property exceeds the permitted level and warning that a person may be guilty of an offence if they are responsible for noise exceeding the permitted level during a specified period.

If the terms of the notice are breached, the local authority can impose a fixed penalty fine or prosecute the person responsible for the noise.

It can also seize noise-making equipment. A local authority can also enter premises to silence burglar alarms.

If the local authority is unwilling to take action you can act by yourself under Section 82 of the Environmental Protection Act 1990, by applying to a magistrates’ court.

You can get help, information and advice from your local

Citizens Advice or visit www. citizensadvicewokingham.org.uk or contact Citizens Advice Wokingham at Second Floor, Waterford House, Erftstadt Court, Wokingham RG40 2YF. Tel: 0300 330 1189. email: public@citizensadvicewokingham.org.uk

Update

Citizens Advice Wokingham apologise for getting the upper age limit for jury service wrong in the Good Advice article in last week’s paper.

The age limits changed in December 2016 from age 18 - 70 to age 18 to 76.

They apologise for any inconvenience caused.