What the Law Says
Noise Law
For those of us who aren’t trained lawyers, legal speak is often a foreign language.
Below are some brief explanations of the more common Acts relating to noise nuisance.
Be advised, however, that you should always contact a trained legal professional in the use of any legislative Acts.
Environmental Protection Act 1990
Section 79 of the Environmental Protection Act 1990 (EPA) states that the following noise matters constitute a “statutory nuisance”:
“any animal kept in such a place or manner as to be prejudicial to health or a nuisance."
"noise emitted from premises so as to be prejudicial to health or a nuisance."
"noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or, in Scotland, road.”
It does not apply to noise made by aircraft (other than model aircraft), traffic, naval, military or air force, or political demonstrations.
Equipment includes a musical instrument.
Often actual prejudice to health is not required and it is sufficient to prove that there is:
“material interference with the personal comfort of residents in the sense of material affecting their well-being.”
And goes on to state that every local authority must:
“…where a complaint of a statutory nuisance is made… to take such steps as are reasonably practicable to investigate the complaint.”
Under Section 80 of the Environmental Protection Act, once the local authority has determined that a noise nuisance exists, it must then serve an abatement notice either requiring the noise to be abated completely or restricting or prohibiting the noise, or demanding that works be carried out the stop the noise.
The person served with the notice then has 21 days to appeal to a magistrates court (or, in Scotland, the sheriff).
A Noise Abatement Notice is a legal notice, so if the noise is still not abated then the person served with the notice is considered to have committed an offence and will be fined.
If the offender continues, proceedings can be taken to the Magistrates Court under Section 82 of the Environmental Protection Act.
These are considered criminal proceedings, and therefore they require proof appropriate for criminal proceedings i.e. ‘beyond reasonable doubt’.
If the case is not found in your favour then you could be liable not only for your own costs, but for the costs of the other party and perhaps compensation too.
Sections 79 – 82 of the Environmental Protection Act do not apply in Scotland.
Click here for a link to the whole Environmental Protection Act 1990
The Noise Act 1996
The Noise Act 1996 is a more specific legislative act relating to noise at night.
“night hours” means the period beginning with 11pm and ending with the following 7am."
As with the Environmental Protection Act, it states that if a complaint is made then the local authority must take reasonable steps to investigate it.
If the local authority feels that the noise being emitted during the night hours exceeds permitted levels, then they can serve an abatement or ‘warning’ notice.
The Noise Act states that a permitted level is:
“a level applicable to noise as measured from within any other dwelling in the vicinity from an approved device… different permitted levels may be determined for different circumstances”
The person creating the noise nuisance can then be served with a fine or ‘fixed penalty notice’.
If the warning notice has been served and the noise still hasn’t abated, then the Noise Act grants the officers of the local authority the power to enter the property in question and seize any equipment being used to make the noise.
The Noise Act 1996 does not extend to Scotland.
Click here for a link to the Noise Act 1996
Noise and Statutory Nuisance Act 1993
This act includes the amendments to the Control of Pollution Act 1974 and the Environmental Protection Act 1990 which adds to the existing list of statutory nuisances:
“noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street”
This also includes unattended vehicles, machinery or equipment.
It does not apply to noise made by aircraft (other than model aircraft), traffic, naval, military or air force, or political demonstrations.
This act also states that the use of loudspeakers in the street is banned between 9.00pm and 8 am. A local authority can consent to loud speakers being used in their area, but an application must have been made to them in writing and they then must inform residents of this in a local newspaper two weeks before it will be used.
As with the Environmental Protection Act, abatement notices can be served by the local authority either on the owners of the vehicle/equipment or in the event of an abandoned vehicle/equipment directly on the vehicle/equipment itself. These amendments also allow if necessary the vehicles, machinery or equipment to be entered, immobilised or removed.
The act also covers the installation of audible intruder alarms and states that the alarm must:
“comply with any prescribed requirements… and that the local authority is notified within 48 hours of the installation”
Requirements include that the local police be informed of the addresses and telephone numbers of the current key-holders. The installation of an alarm without meeting requirements can result in a fine.
The act also allows an officer of the local authority to enter a premises (though not by force, and with a constable) to turn off an alarm that has been going for more than an hour.
Click here for a link to the whole Noise and Statutory Nuisance Act 1993
Control of Pollution Act 1974 (Part III Noise)
This act covers the noise pollution generated by:
Construction sites: “the erection, construction, alteration, repair or maintenance of buildings, structures of roads; breaking up, opening or boring under any road or adjacent land; demolition or dredging.”
Noise in streets: use of loudspeakers
It also states how a local authority may:
· designate all or part of its area a noise abatement zone and specify the classes of premises to which the noise abatement order must apply
· what notices it must give in order to do this
· how it must continue to monitor noise within that designated area
· and what steps it can take if any noise monitored exceeds the registered levels within a premises
Click here for the whole of the Control of Pollution Act 1974
The Control of Noise at Work Regulations 2005
This act covers the “assessment of the risk to health and safety created by exposure to noise in the workplace”.
It includes daily and weekly limits and peaks and states what employers must do to control exposure to noise in the workplace e.g. providing hearing protection and designating hearing protection zones and providing instruction and training.
The act also states which areas of employment are exempt and how to gain an exemption certificate
Click here for a link to the whole Control of Noise of Work Regulations 2005
Scottish Law
The Civic Government (Scotland) Act 1982
Source: www.statutelaw.gov.uk
Section 54 of this act states that any person who “sounds or plays any musical instrument; sings or performs; or operates any radio or television… record player, tape-recorder or other sound producing device so as to give any other person reasonable cause for annoyance and fails to desist on being told to by a constable in uniform, shall be guilty of an offence…”
It also states that a constable may enter a premises and seize any musical instrument or any of the devices mentioned above.
The act also covers the use of loudspeakers in the street.
Click here for the whole Civic Government (Scotland) Act 1982
Antisocial Behaviour etc. (Scotland) Act 2004: Guidance on Noise Nuisance
Source: www.scotland.gov.uk
Although this is not a statutory legal document it provides an hugely informative guide to how Noise Nuisance is dealt with by the authorities in Scotland.
Click here to open this document in a new window
European Law
The EU Directive on Environmental Noise
Source: EUROPA
Further to the Commission proposal for a Directive relating to the assessment and management of Environmental noise (COM(2000)468), the European Parliament and Council have adopted Directive 2002/49/EC of 25 June 2002.
The main aim of this directive is to “provide a common basis for tackling the noise problem across the EU.”
The four main objectives:
1. Monitoring the environmental problem; by requiring competent authorities in Member States to draw up "strategic noise maps" for major roads, railways, airports and agglomerations. These maps will be used to assess the number of people annoyed and sleep-disturbed respectively throughout Europe
2. Informing and consulting the public about noise exposure, its effects, a nd the measures considered to address noise, in line with the principles of the Aarhus Convention
3. Addressing local noise issues by requiring competent authorities to draw up action plans to reduce noise where necessary and maintain environmental noise quality where it is good. The plans are at the discretion of the competent authorities.
4. Developing a long-term EU strategy, which includes objectives to reduce the number of people affected by noise in the longer term, and provides a framework for developing existing Community policy on noise reduction from source.
For the full EU Directive click here
For more information on the Aarhus Convention click here